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ORDINANCE AMENDMENT OF THE NEW HAVEN BOARD OF ALDERS TO THE CITY OF NEW HAVEN CODE OF ORDINANCES ESTABLISHING A SHORT-TERM RENTAL LICENSE PROGRAM.
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WHEREAS, the City seeks to preserve its housing stock and protect the quality of its residential neighborhoods; and
WHEREAS, the City values strong residential neighborhoods and the diversity of the people who live in them; and
WHEREAS, preserving the City’s housing stock helps sustain the cultural and economic diversity that contributes to its character and economic vitality; and
WHEREAS, many options for short-term stays exist in the City, including hotels and motels, bed and breakfasts, and home sharing; and
WHEREAS, vacation-rental operations in which residents and non-resident corporations rent entire units to visitors impact the availability and cost of housing in New Haven neighborhoods in which the units are located, thus adversely impacting the community; and
WHEREAS, the conversion of long-term residential housing into short-term rentals inflates rental prices, reduces available housing inventory, and directly contributes to the displacement of long-term neighbors and residents from their communities; and
WHEREAS, home-sharing does not create the same adverse impacts as vacation rentals when the home-shares are hosted by the owner or a long-term resident; and
WHEREAS, the City strives to strike a balance between preserving the City’s available housing stock, protecting the residential nature of neighborhoods, and preventing home-shares from turning into de facto hostels and hotels, while at the same time licensing owners and long-term residents to host guests as part of a home-share; and
WHEREAS, the costs of regulating and enforcing the requirements of the home-sharing program are significant and should be borne, at least in part, by those benefitting from their participation in the home-sharing program.
NOW, THEREFORE, BE IT ORDAINED by the New Haven Board of Alders that the following be added to the New Haven Code of General Ordinances establishing a Short-Term Rental License Program:
Section 17-230. Definitions.
For purposes of this Article, the following words or phrases shall have the following meanings:
Bedroom. Any habitable space in a dwelling unit other than a kitchen or living room that is intended for or capable of being used for sleeping, is at least 70 square feet in area, is separated from other rooms by a door, and is accessible to a bathroom without crossing another bedroom.
Booking Transaction. Any reservation or payment service provided by a person who facilitates a home-sharing or vacation rental transaction between a prospective Visitor and a Host.
Confirmation Number. A unique identifier issued by the Electronic Verification System reflecting that a verification under Section 17-235(a) has occurred.
Dwelling Unit. Any room or group of rooms located within a residential building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.
Electronic Verification System. An application programming interface or successor technology created, maintained, or procured by the City through which a Short-Term Rental Facilitator verifies a Listing against the registry and obtains a Confirmation Number.
Eligible Resident. Any natural person who (1) is either (i) a long-term resident of a dwelling unit or (ii) an owner of a dwelling unit and (2) uses that dwelling unit as their primary residence.
Home-Sharing. Renting for a period of 30 consecutive calendar days or less, one or more bedrooms in a dwelling unit that is the primary residence of the host. A dwelling unit rented out for home-sharing is referred to as a “home-share.”
Host. Any natural person who is an eligible resident of a dwelling unit offered for use as a home-share.
Listing. An advertisement offering a home-share or vacation rental through a Short-Term Rental Facilitator.
Listing Identifier. The uniform resource locator or other unique identifier a Short-Term Rental Facilitator assigns to a Listing.
Long-Term Resident. Any natural person who has occupied a dwelling unit as their primary residence for at least 12 months immediately preceding submission of a home-sharing license application for that unit pursuant to Section 17-232(a).
Owner. Any person who, alone or with others, has legal or equitable title to a dwelling unit. A person whose interest in a dwelling unit is solely that of a tenant, subtenant, lessee, or sublessee under an oral or written rental housing agreement shall not be considered an owner.
Person. Any natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, or organization of any kind.
Primary Residence. The usual place of return for housing of an owner or long-term resident as documented by at least two of the following: motor vehicle registration, driver’s license, voter registration, income tax return, property tax bill, or a utility bill. A person can only have one primary residence. Where a house or building contains more than one Dwelling Unit, a Person's Primary Residence is limited to the single Dwelling Unit within that house or building in which the Person resides and does not include any other Dwelling Unit in the same house or building.
Short-Term Rental Facilitator. Any person that (A) facilitates retail sales by short-term rental operators by providing a short-term rental platform, (B) directly or indirectly through agreements or arrangements with third parties, collects rent for occupancy and remits payments to the short-term rental operators, and (C) receives compensation or other consideration for such services.
Vacation Rental. Renting for a period of 30 consecutive calendar days or less any dwelling unit, in whole or in part, for exclusive transient use. Exclusive transient use shall mean that no eligible resident of the dwelling unit uses the dwelling unit as a primary residence. Rentals of units located within hotels, motels, and bed and breakfasts shall not be considered vacation rentals.
Visitor. A natural person who rents a home-share or vacation rental.
Section 17-231. Home-sharing authorization.
(a) Notwithstanding any provision of this Code to the contrary, vacation rentals shall be prohibited in the City.
(b) Notwithstanding any provision of this Code to the contrary, home-sharing shall be authorized in the City, provided that the host complies with each of the following requirements:
(1) Obtains and maintains at all times a City home-sharing license issued pursuant to this Article, in addition to any other license required under Chapter 17 of this code.
(2) Operates the home-sharing activity in compliance with all license conditions for home-sharing as set forth in Section 17-232 and any regulations promulgated pursuant to this Article.
(3) Takes responsibility for and actively prevents any nuisance activities that may take place as a result of home-sharing activities.
(4) Ensures that the home-share meets the requirements of the New Haven Housing Code, Title V of the New Haven Code of Ordinances, and the Connecticut Fire Safety Code, and provides each visitor with the phone number for the New Haven Livable City Initiative and other information as may be required under the license.
(5) Does not book, offer, or rent to more than two groups of visitors for any given date, whether the visitors within the groups are related to one another or not.
(6) Limits the occupancy of the home-share (including the host, all other eligible residents, and all visitors) to the lesser of (i) 10 persons; or (ii) two persons (excluding minor children) per bedroom.
(7) Complies with Section 17-233, governing advertisements of home-shares.
(8) Complies with all applicable laws, including but not limited to the City’s Noise Control Ordinances, Section 18-71 et seq., and all health, safety, building, and fire protection codes and regulations.
(9) Complies with all regulations promulgated pursuant to this Article.
(c) All hosts and their respective properties, authorized by the City for home-sharing purposes pursuant to this Article, shall be listed on a registry created by the City and updated periodically by the City. The City shall publish the registry, and a copy shall be sent electronically to any person upon request.
(d) If any provision of this Article conflicts with any provision of the Zoning Ordinance of the City of New Haven, the terms of this Article shall prevail with respect to interpretation and enforcement of this Article.
Section 17-232. Home-sharing license conditions
(a) Application required. To obtain a home-sharing license for a dwelling unit, a host shall submit an application on a form to be provided by the City and signed by the host under penalty of perjury. The application for the home-sharing license shall include the following information:
(1) Address of the proposed home-share;
(2) Type of dwelling unit;
(3) Whether the applicant is an owner or long-term resident;
(4) If applicable, proof that the applicant is a long-term resident, and proof that the applicant’s lease or other agreement does not prohibit home-sharing;
(i) If the applicant is a tenant, subtenant, lessee, or sublessee, a written rental housing agreement covering the dwelling unit for at least 12 months after the application date; or
(ii) If the applicant is not a tenant, subtenant, lessee, or sublessee, written documentation establishing that the applicant will reside in the dwelling unit for at least 12 months after the application date;
(5) Proof that the proposed home-share is the primary residence of the applicant;
(6) The name and contact information for any other eligible residents of the proposed home-share who will be serving as hosts, together with proof that each identified host is an eligible resident of the proposed home-share;
(7) The square footage of the proposed home-share;
(8) The number of bedrooms in the proposed home-share;
(9) The maximum number of visitors per night, which shall not exceed the maximum licensed in accordance with Section 17-231(b)(6);
(10) The Listing Identifier and Short-Term Rental Facilitator name for every existing Listing associated with the proposed home-share, and the applicant’s agreement that no Listing will be used to accept a booking until its Listing Identifier has been reported to the Livable City Initiative and associated with the license;
(11) Certification that the host will comply with all provisions of this Article and all regulations promulgated pursuant to this Article or be subject to the revocation of their home-sharing license; and
(12) Any other information required by regulations promulgated pursuant to this Chapter.
(b) Application Fee. The initial application and each renewal application for a home-sharing license shall be accompanied by an application fee as prescribed by section 17-201 of this Code.
(c) Duty to Amend Application. If there are any material changes to the information submitted on a home-sharing license application, the host shall submit an amended application on a form to be provided by the City and signed by the host under penalty of perjury within 30 calendar days of any such changes. For the purposes of this Section, any change to the information required to be included in a home-sharing license application by subsection (a) of this Section shall constitute a material change. Failure to submit an amended home-sharing license application may result in revocation of the home-sharing license.
(d) Term of License. Notwithstanding any provision of this Code to the contrary, any home-sharing license shall be effective for a period of no more than three years.
(e) Renewal of License. A host may renew his or her home-sharing license by submitting a completed license renewal application on a form to be provided by the City and signed by the host under penalty of perjury. The license renewal application shall include all of the information required by subsection (a) of this Section.
(f) No Transfer or Assignment. A home-sharing license may not be assigned or transferred to any other person.
(g) Eligibility. No Person shall be issued a home-sharing license unless that Person:
(1) is a natural person and eligible resident of the Dwelling Unit;
(2) has submitted an application in compliance with the requirements of Section 17-232 (a); and
(3) is either the Owner of the Dwelling Unit that is the subject of the home-sharing license application or is a tenant, subtenant, lessee, or sublessee not prohibited by the terms of their lease or other agreement from home-sharing.
No home-sharing license shall be issued for a Dwelling Unit owned by Elm City Communities/The Housing Authority of New Haven.
(h) At the City's sole discretion, all home-sharing licenses may be reviewed at any time. If the licensed host or Dwelling Unit fails to comply with this Article or any regulation promulgated pursuant to it, the license may be denied, suspended, revoked, and/or modified.
Section 17-233. Advertisements for home-sharing.
(a) The host shall include the following information in any advertisement for home-sharing:
(1) The home-sharing license number issued by the City;
(2) The licensed occupancy of the home-share as specified in the home-sharing license application;
(3) That the home-share cannot be booked or rented to more than two groups of visitors for any given date, whether the visitors within the groups are related to one another or not; and
(4) Any other information required by regulations promulgated pursuant to this Chapter.
(b) No advertisements regarding the availability of a dwelling unit for home sharing shall be posted in or on any exterior area of the dwelling unit, any exterior area of any other dwelling unit on the same lot, or the lot on which the dwelling unit is located.
Section 17-234. Prohibitions.
(a) No person shall undertake, maintain, authorize, aid, facilitate or advertise any vacation rental or any home-sharing that does not comply with this Article. For the purposes of this section only, person does not include a Short-Term Rental Facilitator.
(b) No host may be the host for more than one home-share.
(c) No more than one license shall be issued for any Dwelling Unit at a time
Section 17-235. Short-term rental facilitator responsibilities.
(a) No Short-Term Rental Facilitator shall charge, collect, or receive a fee, directly or indirectly, in connection with the home-sharing or vacation rental of any Dwelling Unit in the City unless, before completing the Booking Transaction, it has used the Electronic Verification System to confirm that:
(1) the license number provided is currently valid;
(2) the Host's full legal name and the Dwelling Unit's address and unit designation match the license; and
(3) the Listing Identifier is associated with the license;
and has obtained a Confirmation Number. The Electronic Verification System shall not issue a Confirmation Number where any condition is unmet. A Facilitator shall re-verify whenever it knows or should know that information used in a prior verification has changed, and at such minimum interval as the Livable City Initiative prescribes by regulation.
(b) Subject to applicable law, Short-Term Rental Facilitators shall disclose to the Livable City Initiative, for each Booking Transaction completed in the preceding month, the Listing Identifier, the Confirmation Number, the check-in and check-out dates, and whether the Listing offered the entire Dwelling Unit or a portion of it, together with a certification that the verification required by subsection (a) occurred for each transaction reported.
(c) No Short-Term Rental Facilitators shall collect or receive a fee, directly or indirectly through an agent or intermediary, for facilitating or providing services ancillary to a home-share or vacation rental, including, but not limited to, insurance, concierge services, catering, restaurant bookings, tours, guide services, entertainment, cleaning, property management, or maintenance of the residential property or unit, for which no valid license is in effect.
(d) The Livable City Initiative shall notify each Short-Term Rental Facilitator associated with a Listing, as soon as practicable, of any suspension, revocation, or expiration of the license for that Dwelling Unit.
(e) A Short-Term Rental Facilitator that complies with subsections (a), (b), and (c) shall be presumed in compliance with this Section and shall not be liable under this Article for a Booking Transaction for which it obtained a Confirmation Number in good faith.
(f) This Section exclusively regulates the operation and use of home-shares and vacation rentals regulated under this Article, shall be interpreted in accordance with otherwise applicable State and Federal law(s), and shall not apply to the extent determined to be preempted.
Section 17-236. Regulations.
Not more than one hundred twenty one calendar days from the date of enactment of this Ordinance the Livable City Initiative shall promulgate regulations which may include, but are not limited to, license conditions, reporting requirements, inspection frequencies, enforcement procedures, additional advertising restrictions, disclosure requirements, or other administrative requirements to implement the provisions of this Article.
Section 17-237. Fees.
The Board of Alders may establish and amend by ordinance all fees and charges as may be necessary to effectuate the purpose of this Article, including, but not limited to, the application fee required by Section 17-232(b).
Section 17-238. Enforcement.
(a) Any Host violating any provision of this Article, any Person other than a Short-Term Rental Facilitator who facilitates or attempts to facilitate a violation of this Article, or a Short-Term Rental Facilitator that violates its obligations under Section 17-235, shall be guilty of an offense, which shall be punishable by a fine of $250 for each day that the violation occurs or continues or such greater amount as may be authorized under Conn. General Statutes section 7-148(c)(10)(A), as amended from time to time.
(b) Notwithstanding subsection (a), any such Host or Person who is an Owner of the Dwelling Unit used or offered for home-sharing or vacation rental who violates any provision of this Article shall be subject to the civil penalties of C.G.S. § 7-148(c)(7)(A)(i).
(c) Any interested person may seek an injunction or other relief to prevent or remedy violations of this Article. The prevailing party in such an action shall be entitled to recover reasonable costs and attorney’s fees.
(d) Citation. If a person violates any section of this Article, the City shall serve a written civil citation and assess fines pursuant to the citation and hearing procedure of chapter 32 of this Code.
(e) The City may issue and serve administrative subpoenas as necessary to obtain specific information regarding home-sharing and vacation rental listings located in the City, including, but not limited to, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing and the price paid for each stay, to determine whether the home-sharing and vacation rental listings comply with this Article. Any subpoena issued pursuant to this section shall not require the production of information sooner than 30 calendar days from the date of service. A person that has been served with an administrative subpoena may seek judicial review during that 30-day period.
(f) The remedies provided in this Section are not exclusive, and nothing in this Section shall preclude the use or application of any other remedies, penalties or procedures established by law.
Section 2. Severability.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Board of Alders hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 3. Effective Date.
This ordinance shall take effect on March 31, 2027.