| 1 |
Ellis |
02/04/2025 |
| How will unlicensed or expired license STRs be vetted from online platforms? |
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Posted |
| The proposed ordinance would require STR platforms to ensure that a license number is entered into an advertisement before the advertisement can be displayed on the platform’s website. The STR platform will not be responsible for determining the validity of the license number.
The Development Services Department intends to seek a contract with a vendor capable of performing “data-scraping” from STR platform websites. "Data-scraping" will assist city staff in identifying STR advertisements that do not contain a valid license number. City staff will analyze the data received from the vendor and determine whether the license number displayed is valid. If City staff confirm that the STR is not licensed, City staff will send a “de-list” notification to the STR platform to have the advertisement removed. Depending on the information available, City staff would also be able to pursue enforcement actions against the individual property owner as well for advertising a STR without a valid license.
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| Answered: 02/10/2025 11:01 AM |
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| 2 |
Ellis |
02/04/2025 |
| How frequently will STR licenses need to be renewed? Please provide a breakdown of application costs and related fees with the estimated total recurring cost amount. |
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Posted |
| STR licenses are currently valid for one year and require annual renewal. The draft ordinance does not change this practice. For FY25, a new STR license is $729.00. In addition, there is a notification fee of $50.14. For a STR license renewal, the current fee amount is $437.00.
Under the proposal, if a license holder changes their contact information after receiving the STR license, a new notification and resulting fee will be required upon renewal.
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| Answered: 02/10/2025 11:01 AM |
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| 3 |
Ellis |
02/04/2025 |
| What additional costs, if any, would current compliant STR operators expect from the proposed amendments? |
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Posted |
| Based on the current draft ordinance, STR operators might incur a cost to comply with the liability insurance requirement ($1 million policy). Some STR platforms already provide coverage to hosts at no additional cost for transactions booked through the STR platform. |
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| Answered: 02/10/2025 11:01 AM |
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| 4 |
Ellis |
02/04/2025 |
| What personal information is publicly accessible from a STR license number search? |
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Posted |
| Today, a host is required to include their STR license information in their advertisements. This has been a requirement for almost 10 years. The proposed regulations continue that requirement and add a requirement that STR platforms include a license field that must be completed before an advertisement will be posted on the platform. License numbers, addresses, council district, fees paid, and City staff information are public information that is made available on a combination of sources. Specifically, the city’s Open Data Portal (https://data.austintexas.gov/Public-Safety/Short-Term-Rental-Locations/2fah-4p7e/about_data), which includes the license number, license classification (Type 1, Type 2, etc.), property address using block number, zip code, and council district; and
the City’s Austin Build + Connect public search portal (https://www.austintexas.gov/abc-applications), which includes, the license number, license type, property address, application date, issued date, expiration date, property legal description, owner and contact name, address, phone number, and email address are displayed. Additionally, the amount of fees paid, and the city staff contact information are viewable as well.
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| Answered: 02/10/2025 11:02 AM |
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| 5 |
Ellis |
02/04/2025 |
| How are emergency conditions defined that would require a 2-hour response window? Can the local contact designate a backup contact in the event the local contact cannot respond in-person? |
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Posted |
| The draft ordinance defines “Emergency Condition” as an unforeseen combination of circumstances or the resulting state that calls for immediate action or an urgent need for assistance or relief. This term includes, at a minimum, any fire, natural disaster, power outage, gas leak, noise violation, disturbance, criminal activity, or medical emergency.
City staff will consider options to designate an alternative local contact.
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| Answered: 02/10/2025 11:02 AM |
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| 6 |
Ellis |
02/04/2025 |
| What is Code Compliance's vacancy rate? |
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Posted |
| The current vacancy rate for the Development Services Department is 9.09%. Specific to the functions under the Code Fund, the vacancy rate is 9.38%. None of the current vacancies are in the STR Enforcement or STR Licensing units. |
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| Answered: 02/10/2025 11:02 AM |
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| 7 |
Ellis |
02/04/2025 |
| Is there any expectation of increasing Code Compliance staff or expanding hours of operation? |
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Posted |
| Before requesting additional resources, the Development Services Department will evaluate the effectiveness of the new ordinance and related vendors to ensure that existing resources are fully leveraged, and processes have been optimized to the extent possible. |
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| Answered: 02/10/2025 11:02 AM |
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| 8 |
Ellis |
02/04/2025 |
| Please provide an example of an evacuation plan for a single-family-home STR. |
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Posted |
| Included is an example of an evacuation plan. Please note that the Development Services Department will not require that evacuation plans be technical or professionally drawn. Hand drawings will be accepted as long as they display the means of egress, and the locations of fire extinguishers and smoke detectors. |
| STR Egress Plan Example |
| Answered: 02/11/2025 11:24 AM |
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| 9 |
Vela |
02/13/2025 |
| Please provide a ballpark estimate of how much additional Hotel Occupancy Tax revenue we might expect from more short-term rentals becoming compliant and platforms collecting and remitting HOT. What has been the fiscal impact in other cities that have adopted such policies? |
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Posted |
| InsideAirbnb.com shows that over the years, at least 15,500 STRs have operated within the City of Austin. That number includes licensed and non-licensed STRs. This website also shows the number of recently (within the last six months) and frequently booked STRs as 5,135, which is a little more than twice what is licensed today. Using that information, we anticipate that we will see a similar increase in Hotel Occupancy Tax collection if platforms are required to collect and remit Hotel Occupancy Taxes on behalf of STR owners. |
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| Answered: 02/19/2025 12:38 PM |
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| 10 |
Vela |
02/13/2025 |
| How can the Hotel Occupancy Tax revenue be spent? |
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Posted |
| Section 351.101 of the Texas Tax Code establishes how Hotel Occupancy Taxes can be spent. Generally, most cities can use Hotel Occupancy Tax for (1) the acquisition of sites for and the construction, improvement, enlarging, equipping, repairing, operation, and maintenance of convention center facilities or visitor information centers, or both; (2) the furnishing of facilities, personnel, and materials for the registration of convention delegates or registrants; (3) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; (4) the encouragement, promotion, improvement, and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exhibition of these major art forms; (5) historical restoration and preservation projects or activities or advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums: (A) at or in the immediate vicinity of convention center facilities or visitor information centers; or (B) located elsewhere in the municipality or its vicinity that would be frequented by tourists and convention delegates; and (6) signage directing the public to sights and attractions that are visited frequently by hotel guests in the municipality;
Sections 11-2-7 and 11-2-8 establish how the City spends Hotel Occupancy Taxes.
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| Answered: 02/19/2025 12:39 PM |
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| 11 |
Vela |
02/13/2025 |
| Can Hotel Occupancy Tax be used on short-term rental regulation enforcement? |
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Posted |
| Hotel Occupancy Tax cannot be used to enforce short-term rental regulations. |
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| Answered: 02/19/2025 12:40 PM |
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| 12 |
Vela |
02/13/2025 |
| How does the 1,000 feet apart requirement apply to someone who is seeking to use both their residential homestead and an accessory dwelling unit on the same property as short-term rentals? |
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Posted |
| Under the proposed ordinance, if the same individual owns both the residential homestead and the accessory dwelling unit, only one of the two units would be eligible for a short-term rental license. Operators that currently maintain a STR license will be allowed to continue operating as is, provided they renew timely and do not create a nuisance. |
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| Answered: 02/19/2025 12:40 PM |
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| 13 |
Vela |
02/13/2025 |
| What qualifies as “numerous” complaints for the purposes of determining whether a short-term rental is a nuisance? Is that decision at the sole discretion of the director? |
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Posted |
Under the proposed ordinance, the Director would have the authority to declare a short-term rental a nuisance if the property is operating without a license after being notified of the requirement to obtain a license, or is the subject of numerous complaints related to repeated violations of local, state, or federal laws, or disturbances that interfere with the quiet enjoyment of others.
The Director would analyze the documentation related to calls for service of both 911 and 311 calls, police reports, noise complaints, and incidents involving gatherings that cause a public disturbance. The Director would weigh the frequency of violations and the severity of incidents to determine if a property is a nuisance.
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| Answered: 02/19/2025 12:41 PM |
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| 14 |
Vela |
02/13/2025 |
| Would the number of complaints necessary to be designated a nuisance short-term rental vary depending on the severity of the complaints? |
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Posted |
| The Director would weigh the frequency of violations and the severity of incidents to determine if a property is a nuisance. |
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| Answered: 02/19/2025 12:42 PM |
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| 15 |
Vela |
02/13/2025 |
| Will any administrative rules or regulations be issued defining how many times does a property have to be reported for what types of complaints to be considered a nuisance and get their license revoked? |
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Posted |
| The proposed ordinance gives the Director authority to create rules, in accordance with Chapter 1-2 (Administrative Rules), to administer, implement, and enforce the provisions of the ordinance. However, as it relates to declaring a property a nuisance, The Director would weigh the frequency of violations and the severity of incidents to make a determination. |
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| Answered: 02/19/2025 12:42 PM |
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| 16 |
Vela |
02/13/2025 |
| Are realtors who facilitate the booking of short-term rentals included in the definition of platforms? |
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Posted |
| A “platform” under the proposed ordinance is defined as “a person who provides a means to advertise or promote a short-term rental or facilitates short-term rental bookings”. This would include a real estate agent if they are engaged in the facilitation, promotion, or advertising of a property for the purpose of using the property as a short-term rental. |
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| Answered: 02/19/2025 12:42 PM |
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| 17 |
Vela |
02/13/2025 |
| How will the short-term rental regulations be enforced against parties that facilitate the booking of short-term rentals without advertising or publicly promoting the short-term rental? For example, if a party facilitates direct communication between unlicensed short-term rental owners and visitors with whom they have relationships? |
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Posted |
| A person engaged in the facilitation, promotion, or advertising of a property for the purpose of using the property as a short-term rental would qualify as a “platform” and would be subject to the regulations applicable to a “platform”. Additionally, the proposal would still allow for enforcement actions against the property owner directly if the property is operating as a short-term rental without the required license. |
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| Answered: 02/19/2025 12:43 PM |
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| 18 |
Vela |
02/13/2025 |
| Similarly, how will the short-term rental regulations be enforced against unlicensed short-term rental owners that rent to visitors with whom they directly communicate and do not use any platform or advertising, promotion, or listing to do so? |
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Posted |
| A property owner would qualify as a “platform” as defined by the proposed ordinance if they are engaged in the facilitation, promotion, or advertising of a property for the purpose of using the property as a short-term rental. The proposed ordinance allows for enforcement actions against the property owner directly if the property is being operated or advertised as a short-term rental without the required license. |
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| Answered: 02/19/2025 12:43 PM |
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| 19 |
Alter, R |
02/19/2025 |
| How do Austin STR fees compare to other Texas cities with a high number of STRs? |
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Posted |
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| 20 |
Fuentes |
02/13/2025 |
| Last May, Council approved a motion that directed staff to prepare recommendations to prohibit STRs as a use in the ETOD/DBETOD. Can staff explain the status of this recommendation and why it was not included in the draft ordinance? |
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Posted |
| City staff do not recommend prohibiting Short-Term Rental (STR) use in the ETOD/DBETOD. Instead, City staff recommend focusing on the number of housing units a person can have licensed as STRs. |
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| Answered: 02/19/2025 12:34 PM |
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| 21 |
Fuentes |
02/13/2025 |
| Equitable Transit-Oriented Development is geared toward creating sustainable neighborhoods and increasing housing opportunities near transit for Austin residents, what are other ways we could limit STRs in these zones? |
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Posted |
City Council could impose a different limit on the number of housing units that a person can operate as STRs on site with four or more dwelling units. Currently, the proposed ordinance limits the number of housing units on these types of sites to the greater of one or 25% of the housing units they own. City Council could adopt a lower percentage of housing units that a person can operate as a STR. This is similar to the recommendation made by the Planning Commission:
- On a site with more than four but less than 51 dwelling units, an owner may operate at least one but no more than 20% of the units
- On a site with more than 50 but less than 101 dwelling units, an owner may operate at least one but no more than 10% of the units
- On a site with more than 100 but less than 251 dwelling units, an owner may operate at least one but no more than 5% of the units
- On a site with more than 250 dwelling units, an owner may operate at least one but no more than 3% of the units.
Regardless of the percentage adopted, City staff recommend applying the percentage citywide.
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| Answered: 02/19/2025 12:37 PM |
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| 22 |
Vela |
02/14/2025 |
| Will there be any way to identify STRs, whether licensed or unlicensed, that have been operating prior to passage of STR code changes but have not reported and remitted Hotel & Occupancy Tax and collect back taxes from those owners? Will owners that owe HOT be eligible for an STR license? |
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Posted |
The Hotel Occupancy Tax that is reported and paid by both STR and hotels is self-reported. For STR owners with an active operating license, staff can review records to determine if reports have been filed quarterly. However, we do not have information on STR owners that are unlicensed and have been operating and not remitting HOT. I am not sure how we would be able to obtain this information short of the platforms providing prior STR rental data from their systems, which I am doubtful they would be willing to share.
As far as license renewals, it is the City’s practice not to renew operating licenses if we know that an STR operator is delinquent on HOT payments.
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| Answered: 02/20/2025 02:58 PM |
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| 23 |
Vela |
02/20/2025 |
| The proposed Code provisions regarding local contacts requires a local contact to respond within two hours if contacted by a neighbor. How would a neighbor have the local contact’s information? |
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Posted |
| Currently, owners within 100 feet of a licensed STR receive a mailed notice that contains the local contact information of the licensed STR. This would carry forward in the staff proposed ordinance as well.
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| Answered: 02/25/2025 08:40 AM |
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| 24 |
Fuentes |
02/24/2025 |
| How many employees do we currently have assigned to the STR Enforcement and STR licensing units? |
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Posted |
Currently, there are 6 code inspectors and one supervisor assigned to the STR Enforcement unit, for a total of 7 FTEs.
There are 4 review analysts and one administrative manager assigned to the STR Licensing unit, for a total of 5 FTEs.
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| Answered: 02/25/2025 08:26 AM |
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| 25 |
Duchen |
02/24/2025 |
| Can the City legally restrict the number or location of STRs if those restrictions only apply to properties purchased after the effective date of the ordinance and, therefore, are not “retroactive” to that owner?
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Pending |
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| 26 |
Duchen |
02/24/2025 |
| Are the addresses of STRs for which the City receives 911 or 311 calls publicly available? |
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Pending |
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| 27 |
Duchen |
02/24/2025 |
| Is there a database of 911 and 311 calls relating to STRs and how far back does that database go? What does that data base include and is it publicly available? |
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Pending |
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| 28 |
Duchen |
02/24/2025 |
| What is the number of staff members dedicated to STR licensing enforcement currently and will that number change if the ordinance revisions are adopted? |
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Posted |
Currently, there are 6 code inspectors and one supervisor assigned to the STR Enforcement unit, for a total of 7 FTEs.
There are 4 review analysts and one administrative manager assigned to the STR Licensing unit, for a total of 5 FTEs.
We do not anticipate adding additional FTEs, as we would want to see the effectiveness of the new ordinance and vendor software before requesting additional staffing.
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| Answered: 02/26/2025 01:44 PM |
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| 29 |
Duchen |
02/24/2025 |
| What is the number of staff members dedicated to STR complaint investigation currently and will that number change if the ordinance revisions are adopted? |
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Posted |
Currently, there are 6 code inspectors and one supervisor assigned to the STR Enforcement unit, for a total of 7 FTEs.
There are 4 review analysts and one administrative manager assigned to the STR Licensing unit, for a total of 5 FTEs.
We do not anticipate adding additional FTEs, as we would want to see the effectiveness of the new ordinance and vendor software before requesting additional staffing.
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| Answered: 02/26/2025 01:45 PM |
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| 30 |
Duchen |
02/24/2025 |
| Proposed §25-2-904 (B) provides that “Short-term rental use cannot be prohibited.” What is the purpose of that provision? If a property owner applies for multi-family zoning, does that provision prevent the Council from granting that zoning with a conditional overlay that prohibits an STR? Is the answer the same whether or not the applicant agrees to that restriction? Is that provision intended to override or prevent a restrictive covenant? |
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Posted |
Yes, it prevents conditional overlays that limit the use of property as STRs. The answer remains the same irrespective of whether the applicant agrees to that restriction. This language is included because the recommended approach is to limit through ownership, not use.
This provision does not override private restrictive covenants. However, the City does not enforce private restrictive covenants.
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| Answered: 02/26/2025 01:45 PM |
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