Gilford to have meeting on Short Term Rentals Monday

TiltonBB · 01-05-2022, 10:51 AM

If the neighbor is a friend maybe you could encourage them to only rent with a lease that has a maximum occupancy limit, "No Fireworks" and a "No pets" policy.

Insert a clause in the lease that says any violation of the lease terms will result in a forfeiture of the entire security deposit plus additional damages, to be determined solely by the owner. That should encourage better behaviour.

Even though I advertise "No Pets" I get rental inquiries every year from people who have dogs that "Never bark" along with assorted other claims about their perfect pets. The response is: Sorry, as the ad says, no pets, this is not the right house for you to rent.

mswlogo · 01-05-2022, 11:51 AM

Quote:

Originally Posted by TiltonBB

If the neighbor is a friend maybe you could encourage them to only rent with a lease that has a maximum occupancy limit, "No Fireworks" and a "No pets" policy.

Insert a clause in the lease that says any violation of the lease terms will result in a forfeiture of the entire security deposit plus additional damages, to be determined solely by the owner. That should encourage better behaviour.

Even though I advertise "No Pets" I get rental inquiries every year from people who have dogs that "Never bark" along with assorted other claims about their perfect pets. The response is: Sorry, as the ad says, no pets, this is not the right house for you to rent.

And lose a friend, no way. They were there long before us, renting it for many years. Who am I to come in tell them what they can and can’t do. We moved to a better spot, not to far away. We didn’t move because of the renters.

Woodsy · 01-06-2022, 08:43 AM

Today's article from the Daily Sun

https://www.laconiadailysun.com/news...4fde576dc.html

Woodsy

TiltonBB · 01-06-2022, 05:01 PM

This is the definition of a short term rental that Gilford has in the draft of the new regulations:

22.2.1 Short Term Rental – The rental of a dwelling unit for periods of up to thirty (30) consecutive days to transient occupants, lodgers, or guests, rented or offered for rent for fifteen (15) or more days in a calendar year, and where the dwelling unit does not otherwise constitute a hotel, motel bed-and-breakfast, cottage colony, boarding house, campgrounds, or other similar uses.

Violation notices will be sent similar to the notices sent for any code violation.

22.7.2 – Failure to correct a violation upon the issuance of two notices of violation and/or cease and desist orders within a twelve month period from date of first violation shall constitute grounds for revocation of the conditional use permit.

DUFF821 · 01-12-2022, 01:18 PM

I hope that they pass something regulating short-term rentals in all zones. These rentals devalue abutting property. After all, who would want to move next door to an Air BNB ? A lot of these rentals have absentee landlords as well making virtual vetting their only way of screening their potential tenants. It's very unsettling being next door to transient housing. As for landlords that actually reside on the grounds of these rental properties, all the power to you. Rent away.....

Cal-to-NH · 01-16-2022, 08:40 AM

Isn't Conway the best example of this kind of ban? If so, Conway is still living with the paradoxes and pitfalls of this kind of law....

BTW I am also sympathetic to folks who try to defer some of their taxation by renting their properties. I have always taken the opinion that folks work so hard for a living that the loud card games until two in the morning, imbibing, etc... are inevitable. I try not to judge as their time is limited, they have the right to some fun, and I am lucky to live here permanently. My wife and I used to rent a house on Cape Cod for 20 years back in the 80s and 90s. The year-rounder guy next-door extended us a lot of "grace" for our "night-time antics".

Below is the Conway article that has been in place for a while - https://conwaynh.org/wp-content/uplo...ted-by-BOS.pdf

It still isn't settled, and I have a friend who lives there that says it is still a divided town. Court battles have ensued and it's still not all decided yet - see: https://www.nhpr.org/nh-news/2021-06...t-term-rentals

People tend to have strong feelings on this issue and polarization is high. Many of the businesses there have said they can't separate the COVID pandemic from the restriction on visitors by the town, but they all seem to agree that it didn't help. I don't think the secondary implications here were really considered by the Conway Selectmen, and I would urge the Gilford Selectmen to do so. I wonder if the Conway Selectmen have ever wondered "This was a good idea - why?"

I hope the same polarization doesn't happen on the Lake. And I for one wonder if there are other ways to make sure we can get to a WIN-WIN for both visitors and residents. But I know I'm not smart enough to come up with something!

John Mercier · 01-16-2022, 01:37 PM

They had it in the past.
Visitors would go to businesses that were specifically regulated and formatted for that purpose.

When a resident rents a room (sort of like a B&B), unless they are operating as a B&B under the old regulations, they would generally rent for months or years; thus not even invoking the M&R tax.

With everyone trying to us an AirBnb approach for a second home, and then claiming they doing so to offset taxes, they are eating up the existing supply of housing.
Since it is so expensive and a slow process to increase the supply of housing, the government must defer demand, at least until we can catch up on supply. Without that, there has to be labor wage inflation in the double digits.

They allowed themselves to get trapped with material inflation... and pretty soon mortgage rate increases that they may never get out from under this situation without very brutal regulation.

Cal-to-NH · 01-16-2022, 04:06 PM

Going to be interesting to see where this goes.

I hope some of the tax revenue in Gilford has made it to the Town Attorney's office. There will be a lot of money spent on outside lawyers when the same lawsuits hit Gilford that are now hitting Conway. It will be interesting to see in the end exactly how much Conway ends up spending to defend these suits, and whether in the end they think it was worth it - even if they win....

John Mercier · 01-16-2022, 04:22 PM

If they win, they will counter sue for costs associated with the action.
They may have already filed it at the open, as we have seen when other local municipalities get sued.

FlyingScot · 01-16-2022, 05:24 PM

Quote:

Originally Posted by Cal-to-NH

Going to be interesting to see where this goes.

I hope some of the tax revenue in Gilford has made it to the Town Attorney's office. There will be a lot of money spent on outside lawyers when the same lawsuits hit Gilford that are now hitting Conway. It will be interesting to see in the end exactly how much Conway ends up spending to defend these suits, and whether in the end they think it was worth it - even if they win....

On an issue that affects fundamental quality of life for a significant number of people, as the paper describes this, I think the town has to step up to the plate and do what they think is right, regardless of pushback from litigators. Otherwise, there's not much point in having a town government.

Cal-to-NH · 01-16-2022, 05:44 PM

Good luck and I wish you well on your journey for sure...

I couldn't imagine ever putting my home on Air BNB or the like, but I would never begrudge those that do it to defer their costs...

And a boon to the Air BNB folks in the 7 other towns that allow it. I can recite the 3 others that may follow if it works in Gilford. They can afford the lawsuits as well. They won't get their money back either. The other 4 towns will never go for it. And for those of you who need the revenue to survive the high taxes of living here, who knows you may still have a place?

So all-in-all I think it will land where it lands...

Cal-to-NH · 01-16-2022, 06:20 PM

Actually, it may all be a moot point anyway - hot off the presses!

There seems to be a Compromise State of NH Bill (SB 249) with support from both Republican and Democratic Legislators, Business owners and Real Estate representatives.

The Bill proposes Banning any Bans on short term Rentals, but instead replaces Bans with common sense controls. I just knew there was a common-sense solution to this problem that can work for everyone - instead of you win and I lose results.... I love compromise!

Thankfully there are still smart people in the Legislature...

https://www.conwaydailysun.com/opini...erm%20rentals.

The Legislature seems to think it's a slam-dunk, and it will take effect June of 2022. It will grandfather Towns that have already banned STRs. So if the people and representatives want to act, I bet you can still get it if you act fast.

TiltonBB · 01-16-2022, 07:30 PM

The way I read that legislation it just preserves the right of people to rent their property and prohibits municipalities from stopping that.

It also says "A municipality MAY adopt an ordinance........" Nothing requires the municipality to do so.

Other than that I don't see anything adding additional restrictions. On it's face, it looks like it just preserves rights that municipalities already have.

Descant · 01-16-2022, 10:09 PM

Quote:

Originally Posted by TiltonBB

The way I read that legislation it just preserves the right of people to rent their property and prohibits municipalities from stopping that.

It also says "A municipality MAY adopt an ordinance........" Nothing requires the municipality to do so.

Other than that I don't see anything adding additional restrictions. On it's face, it looks like it just preserves rights that municipalities already have.

It is SO irritating when people read the bill before forming an opinion. Bravo Tilton for taking the extra step.

John Mercier · 01-16-2022, 11:27 PM

If you own property... the municipality will get its money back.
I don't think any municipality is credibly concerned with a second home owner... especially one that does not have residency in that community.

When voters can't afford a primary home, or rent, that sort of takes precedent.
The elected official that ignores it quickly becomes the focus of their angst.

Cal-to-NH · 01-17-2022, 07:30 AM

Interesting that only 3 of the 7 bullets on that list are all that's read by some people. But I guess on the other side the last 4 bullets will only be read by the.

Remember a compromise is that each side gives something up. But I guess for some folks a compromise means getting what you want?

Oh well, good luck tonight. I think the Selectmen should listen very carefully to the wishes of its citizens, either way.

John Mercier · 01-17-2022, 08:32 AM

If you have been in NH for a while, you determine that a compromise is not what they come up with.

They drag their feet until it reaches a fever pitch... for which there is no easy fix... and then they tip-toe and have to keep coming back to the table for more.

The other bullet points don't matter, because our local municipalities are not in the same situation. We don't have a demand problem at our businesses. Covid is having little to no effect on us.

FlyingScot · 01-17-2022, 11:40 AM

Quote:

Originally Posted by Cal-to-NH

Interesting that only 3 of the 7 bullets on that list are all that's read by some people. But I guess on the other side the last 4 bullets will only be read by the.

Remember a compromise is that each side gives something up. But I guess for some folks a compromise means getting what you want?

Oh well, good luck tonight. I think the Selectmen should listen very carefully to the wishes of its citizens, either way.

Unless you are asserting that the last 4 bullets give the towns rights that they do not already have, then this is not a compromise--the state is giving up nothing. Maybe you should just thank Tilton for his close reading?

John Mercier · 01-17-2022, 12:04 PM

The bill reminds me of the Campground M&R bill.
The Legislature thought it was a great idea... but they ran directly into the middle class, and that only lasted long enough to hit the books before legislators lost their seats and the bill was repealed.

When the market is truly looked at. If tourism businesses - service businesses - can not afford reasonably priced help... they go under. As each one goes under it puts pressure on the others to take up the customer demand until the price of labor inflates to the point that the tourists avoid the area.

Then the housing prices start to crash back down to earth.

01-06-2022, 08:43 AM	#3
Woodsy Senior Member Join Date: May 2004 Location: Weirs Beach Posts: 1,966 Thanks: 80 Thanked 980 Times in 440 Posts	Today's article..... Today's article from the Daily Sun https://www.laconiadailysun.com/news...4fde576dc.html Woodsy __________________ The only way to eliminate ignorant behavior is through education. You can't fix stupid.

01-06-2022, 05:01 PM	#4
TiltonBB Senior Member Join Date: Feb 2005 Location: Gilford, NH and Florida Posts: 3,012 Thanks: 699 Thanked 2,203 Times in 937 Posts	Definition of a Short Term Rental This is the definition of a short term rental that Gilford has in the draft of the new regulations: 22.2.1 Short Term Rental – The rental of a dwelling unit for periods of up to thirty (30) consecutive days to transient occupants, lodgers, or guests, rented or offered for rent for fifteen (15) or more days in a calendar year, and where the dwelling unit does not otherwise constitute a hotel, motel bed-and-breakfast, cottage colony, boarding house, campgrounds, or other similar uses. Violation notices will be sent similar to the notices sent for any code violation. 22.7.2 – Failure to correct a violation upon the issuance of two notices of violation and/or cease and desist orders within a twelve month period from date of first violation shall constitute grounds for revocation of the conditional use permit.

01-12-2022, 01:18 PM	#5
DUFF821 Junior Member Join Date: Aug 2015 Posts: 13 Thanks: 1 Thanked 1 Time in 1 Post	Gilford Short Term Rental I hope that they pass something regulating short-term rentals in all zones. These rentals devalue abutting property. After all, who would want to move next door to an Air BNB ? A lot of these rentals have absentee landlords as well making virtual vetting their only way of screening their potential tenants. It's very unsettling being next door to transient housing. As for landlords that actually reside on the grounds of these rental properties, all the power to you. Rent away.....

01-16-2022, 08:40 AM	#6
Cal-to-NH Senior Member Join Date: Mar 2015 Location: Moultonborough Posts: 110 Thanks: 15 Thanked 55 Times in 26 Posts	Isn't Conway the best example of the pitfalls? Isn't Conway the best example of this kind of ban? If so, Conway is still living with the paradoxes and pitfalls of this kind of law.... BTW I am also sympathetic to folks who try to defer some of their taxation by renting their properties. I have always taken the opinion that folks work so hard for a living that the loud card games until two in the morning, imbibing, etc... are inevitable. I try not to judge as their time is limited, they have the right to some fun, and I am lucky to live here permanently. My wife and I used to rent a house on Cape Cod for 20 years back in the 80s and 90s. The year-rounder guy next-door extended us a lot of "grace" for our "night-time antics". Below is the Conway article that has been in place for a while - https://conwaynh.org/wp-content/uplo...ted-by-BOS.pdf It still isn't settled, and I have a friend who lives there that says it is still a divided town. Court battles have ensued and it's still not all decided yet - see: https://www.nhpr.org/nh-news/2021-06...t-term-rentals People tend to have strong feelings on this issue and polarization is high. Many of the businesses there have said they can't separate the COVID pandemic from the restriction on visitors by the town, but they all seem to agree that it didn't help. I don't think the secondary implications here were really considered by the Conway Selectmen, and I would urge the Gilford Selectmen to do so. I wonder if the Conway Selectmen have ever wondered "This was a good idea - why?" I hope the same polarization doesn't happen on the Lake. And I for one wonder if there are other ways to make sure we can get to a WIN-WIN for both visitors and residents. But I know I'm not smart enough to come up with something!

01-16-2022, 06:20 PM	#12
Cal-to-NH Senior Member Join Date: Mar 2015 Location: Moultonborough Posts: 110 Thanks: 15 Thanked 55 Times in 26 Posts	Maybe everybody wins? Actually, it may all be a moot point anyway - hot off the presses! There seems to be a Compromise State of NH Bill (SB 249) with support from both Republican and Democratic Legislators, Business owners and Real Estate representatives. The Bill proposes Banning any Bans on short term Rentals, but instead replaces Bans with common sense controls. I just knew there was a common-sense solution to this problem that can work for everyone - instead of you win and I lose results.... I love compromise! Thankfully there are still smart people in the Legislature... https://www.conwaydailysun.com/opini...erm%20rentals. The Legislature seems to think it's a slam-dunk, and it will take effect June of 2022. It will grandfather Towns that have already banned STRs. So if the people and representatives want to act, I bet you can still get it if you act fast.

01-05-2022, 10:51 AM	#1
TiltonBB Senior Member Join Date: Feb 2005 Location: Gilford, NH and Florida Posts: 3,012 Thanks: 699 Thanked 2,203 Times in 937 Posts	If the neighbor is a friend maybe you could encourage them to only rent with a lease that has a maximum occupancy limit, "No Fireworks" and a "No pets" policy. Insert a clause in the lease that says any violation of the lease terms will result in a forfeiture of the entire security deposit plus additional damages, to be determined solely by the owner. That should encourage better behaviour. Even though I advertise "No Pets" I get rental inquiries every year from people who have dogs that "Never bark" along with assorted other claims about their perfect pets. The response is: Sorry, as the ad says, no pets, this is not the right house for you to rent.

The Following 2 Users Say Thank You to TiltonBB For This Useful Post:
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01-16-2022, 01:37 PM	#7
John Mercier Senior Member Join Date: Jun 2021 Posts: 3,408 Thanks: 3 Thanked 598 Times in 494 Posts	They had it in the past. Visitors would go to businesses that were specifically regulated and formatted for that purpose. When a resident rents a room (sort of like a B&B), unless they are operating as a B&B under the old regulations, they would generally rent for months or years; thus not even invoking the M&R tax. With everyone trying to us an AirBnb approach for a second home, and then claiming they doing so to offset taxes, they are eating up the existing supply of housing. Since it is so expensive and a slow process to increase the supply of housing, the government must defer demand, at least until we can catch up on supply. Without that, there has to be labor wage inflation in the double digits. They allowed themselves to get trapped with material inflation... and pretty soon mortgage rate increases that they may never get out from under this situation without very brutal regulation.

01-16-2022, 04:06 PM	#8
Cal-to-NH Senior Member Join Date: Mar 2015 Location: Moultonborough Posts: 110 Thanks: 15 Thanked 55 Times in 26 Posts	Going to be interesting to see where this goes. I hope some of the tax revenue in Gilford has made it to the Town Attorney's office. There will be a lot of money spent on outside lawyers when the same lawsuits hit Gilford that are now hitting Conway. It will be interesting to see in the end exactly how much Conway ends up spending to defend these suits, and whether in the end they think it was worth it - even if they win....

01-16-2022, 04:22 PM	#9
John Mercier Senior Member Join Date: Jun 2021 Posts: 3,408 Thanks: 3 Thanked 598 Times in 494 Posts	If they win, they will counter sue for costs associated with the action. They may have already filed it at the open, as we have seen when other local municipalities get sued.

01-16-2022, 05:44 PM	#11
Cal-to-NH Senior Member Join Date: Mar 2015 Location: Moultonborough Posts: 110 Thanks: 15 Thanked 55 Times in 26 Posts	Good luck and I wish you well on your journey for sure... I couldn't imagine ever putting my home on Air BNB or the like, but I would never begrudge those that do it to defer their costs... And a boon to the Air BNB folks in the 7 other towns that allow it. I can recite the 3 others that may follow if it works in Gilford. They can afford the lawsuits as well. They won't get their money back either. The other 4 towns will never go for it. And for those of you who need the revenue to survive the high taxes of living here, who knows you may still have a place? So all-in-all I think it will land where it lands...

01-16-2022, 07:30 PM	#13
TiltonBB Senior Member Join Date: Feb 2005 Location: Gilford, NH and Florida Posts: 3,012 Thanks: 699 Thanked 2,203 Times in 937 Posts	The way I read that legislation it just preserves the right of people to rent their property and prohibits municipalities from stopping that. It also says "A municipality MAY adopt an ordinance........" Nothing requires the municipality to do so. Other than that I don't see anything adding additional restrictions. On it's face, it looks like it just preserves rights that municipalities already have.

The Following User Says Thank You to TiltonBB For This Useful Post:
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01-16-2022, 11:27 PM	#15
John Mercier Senior Member Join Date: Jun 2021 Posts: 3,408 Thanks: 3 Thanked 598 Times in 494 Posts	If you own property... the municipality will get its money back. I don't think any municipality is credibly concerned with a second home owner... especially one that does not have residency in that community. When voters can't afford a primary home, or rent, that sort of takes precedent. The elected official that ignores it quickly becomes the focus of their angst.

01-17-2022, 07:30 AM	#16
Cal-to-NH Senior Member Join Date: Mar 2015 Location: Moultonborough Posts: 110 Thanks: 15 Thanked 55 Times in 26 Posts	Compromise Interesting that only 3 of the 7 bullets on that list are all that's read by some people. But I guess on the other side the last 4 bullets will only be read by the. Remember a compromise is that each side gives something up. But I guess for some folks a compromise means getting what you want? Oh well, good luck tonight. I think the Selectmen should listen very carefully to the wishes of its citizens, either way.

01-17-2022, 08:32 AM	#17
John Mercier Senior Member Join Date: Jun 2021 Posts: 3,408 Thanks: 3 Thanked 598 Times in 494 Posts	If you have been in NH for a while, you determine that a compromise is not what they come up with. They drag their feet until it reaches a fever pitch... for which there is no easy fix... and then they tip-toe and have to keep coming back to the table for more. The other bullet points don't matter, because our local municipalities are not in the same situation. We don't have a demand problem at our businesses. Covid is having little to no effect on us.

01-17-2022, 12:04 PM	#19
John Mercier Senior Member Join Date: Jun 2021 Posts: 3,408 Thanks: 3 Thanked 598 Times in 494 Posts	The bill reminds me of the Campground M&R bill. The Legislature thought it was a great idea... but they ran directly into the middle class, and that only lasted long enough to hit the books before legislators lost their seats and the bill was repealed. When the market is truly looked at. If tourism businesses - service businesses - can not afford reasonably priced help... they go under. As each one goes under it puts pressure on the others to take up the customer demand until the price of labor inflates to the point that the tourists avoid the area. Then the housing prices start to crash back down to earth.