DCAR urges DCRA to rectify enforcement of short-term rental regulations

Last week, the D.C. Council invited DCAR to comment at a public roundtable regarding the Department of Consumer Affairs’ (DCRA) enforcement of new short-term rental (STR) regulations, which begins April 10. At issue is the department’s decision to limit the area of a home that can be used as a STR to the accessory dwelling unit, such as an English basement or mother-in-law suite.

In his testimony, DCAR Treasurer Colin Johnson stated, “DCRA’s implementation of short-term rental regulations is hampering District homeowners from exercising their property rights within statutory and zoning guidelines.”

Under the STR law previously passed by the D.C. Council, there was no stipulation on what area of a home could be used as a STR, whether it was the primary dwelling unit or accessory dwelling unit. For example, some homeowners may want to live in their English basement and use their primary unit as a STR. Furthermore, the D.C. Zoning Commission made an exception for STRs in the zoning regulations, allowing the homeowner to choose whether to rent out their main home or the accessory dwelling unit.

Now, however, DCRA is proposing to limit the area of a home that can be used as a STR to only the accessory unit. In the example above, DCRA would not allow the homeowner to turn their primary dwelling area into a STR. Johnson stated that a homeowner’s only recourse is a lengthy appeals process and called on the Council to cure this issue.

We will provide updates as they become available.