These comments are submitted in the context of the upcoming public work sessions by the Short Term Rental Review Board and the County Council regarding short term vacation rentals in Talbot County.
There has been an unwanted short-term rental home in our community for the past four years. We have experienced many of the same problems other neighborhoods have in terms of extra noise, traffic, strangers, disrespect and discourtesy. We have found the complaint process to be onerous, time-consuming, convoluted, hard to fathom, and frustrating. Despite the code 190 changes, STR monitoring remains the “job” of neighbors, some of whom have no idea where to start. There have been some improvements due to the diligence of the Short-Term Rental Review Board. However, much remains to be done.
Access to our community is via a one lane private drive. Maintenance of this private road is shared among the homeowners who use it. There is a posted speed limit of 10 mph but no means of enforcement. Traffic on our road has increased in numbers and speed due to the STR; turnarounds in our driveway at the end of the private road have definitely increased. Renters are frequently unfamiliar with the courtesies required on a one lane private road with people, bicycles, vehicles, dogs, etc., sharing the road. On several occasions, while walking my dogs or biking, I have had to jump off the road into the ditch next to it in order to avoid a car that was zooming towards or out of the STR driveway. It can be downright dangerous. Promises have been made to post “rules of the road” in the STR. It is unknown whether that has happened, but this issue requires more than a wink and a nod. STR owners and managers must point them out and renters must read them. They should be part of the lease.
We strongly suggest that STR licenses should be granted only to applicants whose houses have public access. Put another way, a short-term rental license should not be issued if the property is located on a private road or drive or offers use of a shared pier without written approval from all property owners responsible for shared maintenance of said road, drive, or pier. It should not be the County’s prerogative to expand other homeowners’ risks, responsibilities, and expenses to enable the financial gain of nonresident owners and, increasingly, investors. As it stands now, neighbors get all the negatives associated with STRs and STR owner/investors get all the positives.
Donna and Bill Dudley
Easton
Dr. Anthony J. and Cynthia L. Calabro says
Tuesday, August 20, 2019
Dear Board Members and Commissioners,
Thank you for holding these work sessions. Because of schedule conflicts, we will be unable to attend, but we respectfully request that the following objective facts and our thoughts be considered.
1. FACT;
In Talbot County, if a property owner rents his house, the owner is required to register his property as a ‘rental house business’ and meet certain State and Local safety requirements- e.g. inspections, lead paint abatement, fire alarms, sprinkler systems, septic etc.?
OUR THOUGHTS;
Why would an annual STR be forgiven of these safety requirements giving unnecessary discriminatory preference to STRs? Why would you take the lead in reducing safety controls and increasing dangerous conditions? STRs should be subject to the identical safety requirements as any house rental, or any business that deals with short term sleep rentals, (Inns, Bed and Breakfasts, motels, hotels).
2. FACT;
In Talbot County, all property owners and tenants must abide by the regulations of the County.
OUR THOUGHTS;
All must comply or face stringent enforcement with very strict penalties, and these penalties are the key to making the compliance effective. When we purchase a home, we accept the rules of that zoning district. All residents and all business (including ‘illegal unlicensed’ STRs), must abide by the established regulations or should face severe and increasing penalties.
3. FACT;
All Talbot citizens have the same right to expect that all neighbors abide by the rules of the County and for the County to enforce the laws/regulations and that citizens expect that these are non-discriminatory and are just and fair to all people and businesses.
OUR THOUGHTS;
The subjecting of STRs to these existing regulations of other transient sleep businesses does seem like a reasonable idea, especially since they were compiled by apparent experts, including elected Commissioners, an entire group of experienced local business people… The Midshore Board of Maryland licensed Realtors, and their leader Ms. Cawley, (Star Democrat interview and her 9.7.2018 Star Democrat Guest Comment).
4. FACT;
In Talbot County, businesses that deal with transient sleep stays such as Inns, Bed and Breakfasts, motels, hotels are required to provide 7 day a week 24 hour on site management.
OUR THOUGHTS;
Especially appealing is the safety and security idea of 24 hour on site management that is presently required in these other businesses that deal with transient sleep stays. Why not STRs?
5. FACT;
Renting a home as an STR involves contracts, deposits, money exchange, tax collection, advertising, special business insurance, special Maryland and Federal IRS filings and forms, banking etc., all of which clearly indicate a ‘business’ or a ‘commercial enterprise’, and not a residential use. Running a short term rental business is a business/commercial venture, and is not residential in nature.
OUR THOUGHTS;
Business/commercial enterprises are mostly universally NOT ALLOWED in residential areas…and for a multitude of good, reasonable, and appropriate, established reasons, e.g. disturbances of noise, lighting, excessive activity, traffic, parking etc. In Ms. Cawley’s Star Democrat interview, her comments of “abiding by the regulations” and “same right to expect that all neighbors abide by the rules of the County” is a testament to have residential be only residential, and NOT allow non-residential businesses, including STRs and other businesses that deal with transient sleep stays in residentially zoned areas, (especially important if non full time residency ownership is allowed, and/or no 24 hour on site management.
6. FACT;
Inns, Bed and Breakfasts, hotels, motels, (businesses that deal with transient sleep stays), are subject to the same existing county regulations.
OUR THOUGHTS;
Why would STRs, (businesses that deal with transient sleep stays), receive discriminatory preferential treatment and be subject to their own set of regulations? That would be less protective of their guests, our neighbors, and is just plain unfair discrimination providing undue and unnecessary preferential treatment.
7. FACT;
Talbot County does indeed have the right to pick and choose who is given the right to rent their own property, (a rental business) – as provided via zoning regulations and licenses. The County obviously already does so, which is easily demonstrated with research of any Bed and Breakfast owner, Inn keeper, hotel, motel owner as to their location choices and compliance.
OUR THOUGHTS;
Please do not get bamboozled by vocal individuals or minority special interest groups. Please protect the majority of your constituents’ desires and best interests as you swore an oath to so perform.
8. FACT;
A current consideration is the insurance issue of STRs.
OUR THOUGHTS;
As soon as a child slips from a dock and drowns, or a renter accidentally begins a fire due to his unfamiliarity with a stove/grill, or a renter backs out of the unfamiliar driveway and injures a toddler behind his car, or a slip and fall down unfamiliar stairs occurs, a homeowner will promptly FACTUALLY discover that his ‘homeowner’ insurance will not cover his law suits because ‘renting’ requires unique ‘special’ ‘business insurances, and NOT ordinary homeowners insurance. Insurance coverage minimums, examined by licensing officials are critical in allowing a recognized licensed STR business to exist. Not to require certain insurance parameters may possibly expose the licensing agency (County) to liability, or at a minimum, exposure to the hundreds of thousands of dollars in the cost of defense. Please protect the County, our budget, over night customers, and us taxpayers. Accidents do happen. Perhaps consider adding these inevitable litigation costs into your budget, and cover them with fees only to the STRs (and NOT the taxpayer at large who does not benefit from the profits of the STRs). Make the insurance requirements identical to those needed by other transient sleep businesses.
9. FACT-
There currently exists and unknown number of ‘illegal, unlicensed STRs’.
OUR THOUGHTS;
We are in agreement with Ms. Cawley’s and others’ view of bringing current unlicensed illegal STRs in compliance with regulations. Please protect your constituents and halt the ‘illegal unlicensed’ STR practice, get them to become promptly licensed, and severely penalize those that do not comply. As history has proven, the current wording of the fine of “up to” and “may be imposed” of a couple of hundred dollars is far from effective or a deterrent. That fine is about one day’s rent or maybe less. Lessons for illegal businesses must be learned and all must act legally within the law, and not outside of it. FACTUALLY, STR ownership is a purposeful ‘thought out’ decision and an unlicensed STR is not a onetime accident or error in judgment. FACTUALLY, STRs are a business and are operating to make money and be profitable. As Ms. Cawley states, an STR “allows property owners to supplement the cost of ownership” (thus money making), and “to allow owners to afford vacations of their own” (thus money making), so effective fines MUST DEEPLY DIG INTO PROFITS. Fines are should thus automatically be dictated to be substantial and thus minimize/eliminate profit motive from these criminal illegal unlicensed enterprise businesses. Profit, and profit loss, are two concepts easily understood by all businesses, illegal or not. Immediately after the name, why not consider a easily identifiable recognition, such as an issued ‘official SAFETY seal of inspections’ issued by the County that is required to be displayed in all literature, promotion and marketing by legal and safe STRs, thus separating them from the ‘illegal unlicensed’ offenders. Customers then can choose where they would like to stay.
Indeed, as Ms. Cawley states, please “put yourself in the position of the majority of property owners” and hear what the majority of your constituents and neighbors are mandating you to do…listen to us… the majority… and protect our actual rights – not those ‘fantasy or imagined rights’ of a small minority of special interests.
In Talbot County the inherent right to rent your own home –‘residential property’- for the business of transient sleep stays does NOT exist. Renting is a privilege and NOT a right. When we purchase a home, we accept the rules of that zoning district.
Thank you.
Dr. Anthony J. and Cynthia L. Calabro
1427 Chancellor Point
Trappe, Md. 21673-1541
410 463-1468
MaryLou Watson says
I am sorry to learn of the experiences of Donna and Bill. I firmly believe that STR should be held accountable for their unacceptable behaviors. The owners share in the costs of the common driveways so, I don’t see much issue with use by the STR when the owners are still participating. I believe STR are a source of revenue for the community and think they should be allowed to continue but I also believe they should be held accountable for unsociable actions including excessive noise.