§ 30–201.06. Requirements for short-term rentals.

(a) A host of a short-term rental shall, throughout the duration of occupancy by the transient guest:

(1) Conspicuously post a copy of the basic business license with the short-term rental license endorsement within the interior of the short-term rental;

(2) Conspicuously post within the interior of the short-term rental a 24-hour accessible telephone number to the host, or to a person who has authority to act on behalf of the host, in the event of an emergency;

(3) Maintain a working smoke detector outside the sleeping area of the short-term rental and on all habitable floors of the host's property, and provide a working carbon monoxide detector on all habitable floors of the host's property;

(4) Provide unobstructed egress from the short-term rental; and

(5) Clean the short-term rental between occupancy by different transient guests, including the change of bed linens and towels.

(b) A host shall not list a short-term rental by using a booking service that does not permit the inclusion of the Short Term Rental or Short Term Rental: Vacation Rental license endorsement number clearly displayed in the listing; provided, that a host shall not be held liable for the failure of a booking service to display a license endorsement number that the host has provided.

(c) A host shall retain records of each booking of a short-term rental for a period of 2 years and shall make the records available to the Department upon request during reasonable hours. Information obtained by the Department pursuant to this subsection shall be confidential and shall not be subject to disclosure under subchapter II of Chapter 5 of Title 2; provided, that the Office of the Chief Financial Officer and the Office of the Attorney General may inspect the information for enforcement purposes.

(d) A host shall pay all applicable transient lodging taxes, including those imposed under chapters 20 and 22 of Title 47. Such taxes may be collected and remitted to the District of Columbia on behalf of the host by a booking service or person.

(e) A short-term rental shall operate as a vacation rental for no more than 90 nights cumulatively in any calendar year, unless the host has received an exemption pursuant to subsection (f) of this section.

(f)(1)(A) A host may submit an application, on a form provided by the Department, requesting an exemption from the 90-night limit in subsection (e) of this section, if:

(i) The host's employer requires the host to work outside of the District for more than 90 days cumulatively in any calendar year; or

(ii) The host leaves the District to receive treatment for a serious health condition, or to care for a family member who is receiving treatment for a serious health condition, for more than 90 days cumulatively in any calendar year.

(B)(i) If the host is claiming an exemption pursuant to subparagraph (A)(i) of this paragraph, the application submitted pursuant to subparagraph (A) of this paragraph shall be accompanied by a notarized form, signed by a representative of the host's employer, listing the location and duration of the host's work-related assignments outside of the District; provided, that a self-employed host shall submit a signed affidavit attesting that time spent outside the District is work-related and shall provide documentation of the work-related travel.

(ii) If the host is claiming an exemption pursuant to subparagraph (A)(ii) of this paragraph, the application submitted pursuant to subparagraph (A) of this paragraph shall be accompanied by a notarized form, signed by a representative of the health care provider that is providing treatment to the host or the host's family member, attesting to the need for the host or the host's family member to receive treatment for a serious health condition outside of the District.

(2) If the Department determines that the application submitted pursuant to paragraph (1) of this subsection is valid, the Department shall provide the host an exemption from the 90-night limit in subsection (e) of this section, allowing the host to operate a vacation rental for the number of nights equal to:

(A) For a host claiming an exemption pursuant to paragraph (1)(A)(i) of this subsection, the number of days that the host's employer requires the host to work outside of the District; or

(B) For a host claiming an exemption pursuant to paragraph (1)(A)(ii) of this subsection, the number of days that the host is outside of the District to receive treatment for a serious health condition or to care for a family member who is receiving treatment for a serious health condition.

(3) If the Department issues an exemption to a host pursuant to this subsection, the Department shall transmit to all booking services identified by the host a notification of the number of nights that the host may operate a vacation rental.

(4) Six months after the April 25, 2019, and every 6 months thereafter, the Department shall list separately on its website:

(A) The number of exemptions granted in the previous 6 months pursuant to paragraph (1)(A)(i) of this subsection; and

(B) The number of exemptions granted in the previous 6 months pursuant to paragraph (1)(A)(ii) of this subsection.

(5) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this subsection.

(6) For the purposes of this subsection, the term:

(A) "Family member" means:

(i) A biological, adopted, or foster son or daughter, a stepson or stepdaughter, a legal ward, a son or daughter of a domestic partner, or a person to whom a host stands in loco parentis;

(ii) A biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to a host when the host was a child;

(iii) A person to whom a host is related by domestic partnership, as defined by § 32-701(4), or marriage;

(iv) A grandparent of a host; or

(v) A sibling of a host.

(B) "Health care provider" shall have the same meaning as provided in § 32-501(5).

(g) Occupancy in a short-term rental shall be limited to a maximum of 8 transient guests, or 2 guests per bedroom, whichever is greater.

(Apr. 25, 2019, D.C. Law 22-307, § 106, 66 DCR 898.)

Applicability

Applicability of D.C. Law 22-307: Section 15 of D.C. Law 23-68 repealed § 301 of D.C. Law 22-307. Therefore the creation of this section by D.C. Law 22-307 has been implemented.

Applicability of D.C. Law 22-307: Section 6(b) of D.C. Act 23-165 repealed, on an emergency basis, § 301 of D.C. Law 22-307. Therefore the creation of this section by D.C. Law 22-307 has been implemented.

Applicability of D.C. Law 22-307: § 301 of D.C. Law 22-307 provided that the creation of this section by § 106 of D.C. Law 22-307 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.