Fairfax to regulate short-term rentals.

At its Sept 7th, 2022 meeting the Fairfax Town Council approved a program regulating short-term rentals, which are defined as rentals of a home or room in a home for 30 days or fewer.

As a result, property owners who operate short-term rentals in Fairfax will soon be subject to registration fees, annual inspections and taxes. Fairfax’s program will require a business license fee, which at a minimum will cost $106 annually. In addition, a $150 registration fee will be collected from each operator of short-term rentals in town. The town is working on setting up an online registration portal that will be available by late December 2022. After that, the registration fee will be waived for six months, incentivizing operators to sign up.

Fairfax Program Specifics:

• Each rental must have a 24-hour local contact that Host Compliance (the company that will monitor the program) can reach in the event of complaints or emergencies.

• The property must be the owner’s primary residence. Accessory dwelling units and junior accessory dwelling units created prior to January 2020 could be used for short-term rentals, but not those built thereafter because of a state law prohibiting that use.

• Property inspections, carbon dioxide detectors, smoke detectors, and other safety measures are mandatory. Short-term rentals on properties near open spaces will be subject to a vegetation inspection as well.

• Off-street parking must be provided. For a house or portion of a house, one 9 ft. x 19 ft. space for every four guests in addition to the two spaces required for long-term residents. For ADUs, one 9 ft. x 19 ft. space for units with up to two bedrooms & for studio units; one space for every four guests in units with three or more bedrooms.

• Property owners will need a business license and pay a registration fee as well as payment of a transient occupancy tax, which is equal to 10% of the cost of each rental.