Shooting brings short-term rental moratorium

By Grace Lovins

After a shooting took place at a Birmingham home on E. Lincoln being rented out, city commissioners took up discussions during the Monday, April 27, meeting regarding moratorium on short-term rentals (STR) and what the city could do to further regulate the use.

The Birmingham police department stated in a police report that three 18-year-olds had been arrested, charged and arraigned on 29 felony counts following the Saturday, April 11, shooting. Per the report, the home where the shooting took place was a STR, and police were able to figure out that a party at the address had been advertised on social media.

Acting city attorney Tracy Gaudenzi said the city’s legal team was asked to look into the STR issue to see what could be done now. She said that, after working with the city manager’s office, building official and planning department, they recommended the commission put in a place a six-month moratorium to temporarily stay new licenses for rentals of under thirty days.

Gaudenzi explained that a moratorium would limit any new STRs while allowing the city’s planning board to thoroughly dive into the topic, taking into account community response, to create zoning regulations the city could use to manage STRs. She explained that STRs would have to be regulated through the city’s zoning code and code of ordinances.

“There are so many different facets that if we were to rush to a decision in the vacuum that we’re in right now, we would miss the bigger picture and the opportunity to really do something for the city and move it forward,” Gaudenzi said.

As it stands, the city is able to revoke licenses for any violation of the city ordinance. Building official Jeff Zielke and police chief Scott Grewe said they can direct their staff to be more rigorous with taking complaints about rental properties, making sure a violation is acted upon and a license is pulled when appropriate.

While commissioners Brad Host, Andrew Haig and Bill Kolb stated they didn’t think the moratorium was enough, others argued that it is the first step in taking a deeper look at regulating STRs.

“This is the most reliable way to enforce regulations on short-term rentals. If we attempt some alternate path, we may end up with nothing. I think this is the way we’re going to end up with something we can keep,” commissioner Kevin Kozlowski said.

Ultimately, the commission voted 5-1 to put the moratorium in place. Host was the lone vote against the moratorium after noting during discussions he would not support the motion because he doesn’t think it addresses the issue.

An additional motion to have city staff and the city attorney look into creating language for increased level of enforcement, management and control of short-term rentals gained unanimous support, ending discussions with a 6-0 vote. The commission is expected to take up discussion on the STR issue again at the next regular meeting.