/ Enforcement /
After analyzing the two bills (HB 4722 - SB 446) that were ultimitly defeated, it became apparent that local governments would not only have lost control of managing short-term-rentals, (STR) but would be left dealing with the collateral damage left in its wake. STRs are notorious for noise, commotion, increased traffic, potential for increased crime, and consequently ruining the character of residential neighborhoods.
If either bill would have bee adopted, it would essentially had put the burden on townships' officials to respond to complaints from neighbors in proximity to STRs.
There is also the option for the police to be called, but most police departments won’t respond to these types of complaints unless their schedules aren’t clogged with more pressing issues. Consequently, STRs will be forced upon unwelcoming communities and local government will be required to protect its citizens from the excesses of vacation renters in residential neighborhoods. In the end, communities are destroyed while realtors and Airbnb make millions.
Although the logistics of the enforcement issue is a serious flaw in the bills language, the bills conveniently leave out the most persistent and annoying problem associated with STRs in general – low level turmoil.
The most significant noises of a STR usually emanate from a party or perhaps intoxicated renters’ being obnoxious late into the night. These are what I call actionable noise events and any reasonable person would deduce that a problem exists. But it’s the low level turmoil that will break neighborly bonds and can best be compared to the notorious Chinese water torture – cold water slowly dripped onto the forehead until it eventually causes madness.
Actionable noise can be reported to authorities and hopefully someone will respond, but there is not a way to squelch low level turmoil. It’s defined as: the unceasing commotion renters bring when on vacation. Things such as increased traffic, sitting around the campfire every night of the week laughing and partying, kids screaming (being kids), music (not loud but always in the background), strange people walking around in the neighborhood, guests amplifying the commotion. This happens day-after-day, week-after-week. But a neighbor can’t complain about the commotion because it doesn’t rise to the level of what’s considered excessive noise. For all intents and purposes there is no outlet for the low-level turmoil and neighbors are sentenced to hard-time without the possibly of release. This is exactly why STRs are considered a nuisance and met with such disdain in residential neighborhoods!
In a normal residential neighborhood from time-to-time people have social functions. Family and friends visit and they enjoy each other’s company. We all do this. But at the end of the day or weekend the guests go home and the neighbors get a break. This doesn’t happen with STRs – its continuous non-stop commotion. It frustrates, annoys, and disrupts neighborhoods. Picture in your mind three pieces of property in close proximity. The middle property is a STR with weekly renters in a constant mode of what I termed “vacation mentality”. Is it fair to the neighbors to be put into this position? Let me ask another way. Would you have an objection if next to your current home the township approved a license for a motel? That’s exactly what a STR is, a business collecting revenue for overnight stay. Actually, a motel is quieter because most motels don’t have a fire pit and other outdoor activities creating additional upheaval. No residential neighborhood should be subject to these conditions. This is exactly why most townships have separated commercial and residentially zoned districts. When you mix the land uses trouble awaits.
Enforcement of noise complaints will not eliminate the STR issue in communities. It only forces people to call the police on their neighbors and consequently creates long term adversarial relationships. Inevitably, anyone exposed to a STR will have to come to terms with the dilemma of accepting daily noise and commotion or calling authorities. Unfortunately, this will not be a one-time event but will haunt you again-and-again as each week another set of vacation renters arrive.
What was most astonishing about the tactics used to push these bills is its supporters advocated that since they adjusted HB 4722 original language giving local government control of complaints and parking issues why all the fuss? In my option it’s a sweetheart deal for the real estate lobby and the legislators' doing their bidding. They use their legislative power to wrestle local government’s authority to regulate STRs, walk away with thousands of dollars in increased commissions and rental revenue then sit back and watch townships struggle picking up the pieces.
Any future thoughts of usurping local government’s control of zoning should not be determined by Lansing legislators but by a state-wide referendum.