Current through the 2024 Fourth Special Session
Section 10-8-85.4 - Ordinances regarding short-term rentals - Prohibition on ordinances restricting speech on short-term rental websites(1) As used in this section: (a) "Internal accessory dwelling unit" means the same as that term is defined in Section 10-9a-511.5.(b) "Residential unit" means a residential structure or any portion of a residential structure that is occupied as a residence.(c) "Short-term rental" means a residential unit or any portion of a residential unit that the owner of record or the lessee of the residential unit offers for occupancy for fewer than 30 consecutive days.(d) "Short-term rental website" means a website that: (i) allows a person to offer a short-term rental to one or more prospective renters; and(ii) facilitates the renting of, and payment for, a short-term rental.(2) Notwithstanding Section 10-9a-501 or Subsection 10-9a-503(1), a legislative body may not: (a) enact or enforce an ordinance that prohibits an individual from listing or offering a short-term rental on a short-term rental website; or(b) use an ordinance that prohibits the act of renting a short-term rental to fine, charge, prosecute, or otherwise punish an individual solely for the act of listing or offering a short-term rental on a short-term rental website.(3) Subsection (2) does not apply to an individual who lists or offers an internal accessory dwelling unit as a short-term rental on a short-term rental website if the municipality records a notice for the internal accessory dwelling unit under Subsection 10-9a-530(6).Amended by Chapter 102, 2021 General Session ,§ 1, eff. 10/1/2021.Added by Chapter 335, 2017 General Session ,§ 1, eff. 5/9/2017.