(a) Nuisances – Illegal activity, objectionable conditions, egregious conditions – Prohibited.
(1) Illegal activity and objectionable conditions. It shall be unlawful for any shared housing host to permit any nuisance within the meaning of Section 4-13-260(a)(1) to take place within the shared housing unit. In addition to any other penalty provided by law, any person who violates this subsection (a)(1) shall be subject to a fine of not less than $2,500.00 nor more than $5,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(2) Egregious condition. It shall be unlawful for any shared housing host to permit any egregious condition to take place within the shared housing unit. In addition to any other penalty provided by law, any person who violates this subsection (a)(2) shall be subject to a line of not less than $5,000.00 nor more than $10,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(b) Exceeding maximum occupancy – Prohibited. It shall be unlawful for any shared housing host to exceed the maximum occupancy limit of: (i) two persons, not including a guest's children under the age of 18, per guest room within the shared housing unit; or (ii) no more than one person per 125 square feet of floor area of the shared housing unit; or (iii) the actual allowed capacity of the shared housing unit based on the applicable provisions of the building code, whichever is less. As used in this subsection (b), the term "guest room" means a room used or intended to be used for sleeping purposes. The term "guest room" does not include bathrooms, toilet rooms, kitchens, closets, halls, incidental storage or utility spaces, or similar areas. In addition to any other penalty provided by law, any person who violates this subsection (b) shall be subject to a fine of not less than $5,000.00 nor more than $10,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(c) Misrepresentation of material facts – Prohibited. It shall be unlawful for any shared housing host to misrepresent on any listing any material fact regarding the shared housing unit.
(d) Service of alcohol – Prohibited. It shall be unlawful for any shared housing host to serve or otherwise provide alcohol to any guest or invitee of any guest.
(e) Rental under the minimum rental period – Prohibited. It shall be unlawful for any shared housing host to rent any shared housing unit, or any portion thereof, for any period of less than two consecutive nights until such time that the commissioner and superintendent of police determine that such rentals can be conducted safely under conditions set forth in rules jointly and duly promulgated by the commissioner and superintendent. Provided, however, that under no circumstances shall a shared housing unit, or any portion thereof, be rented by the hour or for any period of less than 10 consecutive hours.
(f) Multiple rentals within the minimum rental period – Prohibited. It shall be unlawful for any shared housing host to rent any shared housing unit, or any portion thereof, more than once within any consecutive 48-hour period, as measured from the commencement of one rental to the commencement of the next rental until such time that the commissioner and superintendent of police determine that such rentals can be conducted safely under conditions set forth in rules jointly and duly promulgated by the commissioner and superintendent. Provided, however, that under no circumstances shall a shared housing unit, or any portion thereof, be rented more than once within any consecutive 10-hour period.
(g) Advertising less than the minimum rental period – Prohibited. It shall be unlawful for any shared housing host to advertise an hourly rate or any other rate for any shared housing unit, or any portion thereof, based on a rental period of less than the rental period authorized under subsections (e) and (f) of this section.
(h) Multiple or overlapping bookings – Prohibited. It shall be unlawful for any shared housing host to allow multiple bookings or rentals of any shared housing unit for the same or overlapping time periods.
(i) Except as otherwise provided in Section 4-17-070, it shall be unlawful for any shared housing host to advertise for rent, list on a platform, rent, or book for future rental, or to permit any person to advertise for rent, list on a platform, rent, or book for future rental, any shared housing unit that is located within a restricted residential zone. In addition to any other penalty provided by law, any person who violates this subsection (i) shall be subject to a fine of not less than $1,500.00 nor more than $5,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.*
* Editor's note – This subsection was formerly designated as subsection (j); redesignated as subsection (i) at the discretion of the editor when former subsection (i) was deleted by Coun. J. 9-9-20, p. 20269, § 28.
(j) Listing and rental of conversion units – Prohibited. It shall be unlawful for any shared housing host to list on a platform, or permit any person to list on a platform, or rent, or permit any person to rent or book for future rental, or permit any person to book for future rental, any conversion unit.
(k) Listing and rental of coach houses – Prohibited. It shall be unlawful for any shared housing host to list on a platform, or permit any person to list on a platform, or rent, or permit any person to rent or book for future rental, or permit any person to book for future rental, any coach house lawfully established after May 1, 2021.
(Added Coun. J. 6-22-16, p. 27712, § 9; Amend Coun. J. 5-20-20, p. 17016, § 6; Amend Coun. J. 9-9-20, p. 20269, § 28; Amend Coun. J. 12-16-20, p. 26066, § 9)