(a) Lawfully established dwelling unit with six or fewer sleeping rooms – Required. It shall be unlawful for any shared housing host to advertise for rental, list on any platform, rent or book for future rental any shared housing unit that is not a lawfully established dwelling unit within the meaning of Section 17-17-0248 containing six or fewer sleeping rooms and located within a residential building.
(b) Violation of condominium or cooperative building restrictions – Prohibited. It shall be unlawful for any shared housing host to advertise for rental, list on any platform, rent or book for future rental any shared housing unit if the homeowners association or board of directors has adopted by-laws prohibiting the use of the dwelling unit as a shared housing unit or vacation rental, in any combination.
(c) Violation of rental requirements and restrictions – Prohibited. It shall be unlawful for any shared housing host to advertise for rental, list on any platform, rent or book for future rental any shared housing unit that is subject to a rental agreement, if the owner of the building in which the dwelling unit is located has prohibited the use of such dwelling unit as a shared housing unit or vacation rental, in any combination.
(d) Listing and rental of single family home that is not the licensee's primary residence – Restricted. It shall be unlawful for any shared housing host to advertise for rental, list on any platform, rent or book for future rental any shared housing unit that is a single family home, unless such single family home is the shared housing host's primary residence. Provided, however, that this prohibition shall not apply if: (i) the shared housing host is on active military duty and such host has appointed a designated agent or employee to manage, control and reside in the single family home during such host's absence while on military duty; or (ii) the applicable commissioner's adjustment under Section 4-14-100(a) permitting otherwise has been obtained; or (iii) the single family home was properly licensed, as of June 22, 2016, as a non-owner occupied vacation rental.
(e) Listing and rental in buildings with up to four dwelling units – Restricted. It shall be unlawful for any shared housing host to advertise for rental, list on any platform, rent or book for future rental any shared housing unit that is located in a building containing two to four dwelling units, inclusive, unless such dwelling unit is: (i) the shared housing host's primary residence, and (ii) is the only dwelling unit in the building that is or will be used as a shared housing unit or vacation rental, in any combination. Provided, however, that the prohibition set forth in item (i) of this subsection shall not apply if the shared housing host is on active military duty and such host has appointed a designated agent or employee to manage, control and reside in the shared housing unit during such host's absence. Provided further, that the prohibitions set forth in items (i) or (ii) of this subsection shall not apply if: (a) the applicable commissioner's adjustment under Section 4-14-100(a) permitting otherwise has been obtained; or (b) the shared housing unit was properly licensed, as of June 22, 2016, as a non-owner occupied vacation rental.
(f) Listing and rental in buildings with five or more dwelling units – Prohibited. It shall be unlawful for any shared housing host to advertise for rental, list on any platform, rent or book for future rental any shared housing unit that is located in a building containing five or more dwelling units, when more than six dwelling units in the building, or one-quarter of the total dwelling units in the building, whichever is less, are or will be used as shared housing units or vacation rentals, in any combination, if the dwelling unit identified in the registration application is registered as a shared housing unit.
(Added Coun. J. 6-22-16, p. 27712, § 9; Amend Coun. J. 9-9-20, p. 20269, § 29; Amend Coun. J. 3-24-21, p. 28843, § 1)