Fairfax County Moves to Legalize Short Term Rentals

The Fairfax Board of Supervisors voted on July 31, 2018 to permit short term rentals within the County.

SHORT-TERM RENTALS will be allowed in single-family homes, townhouses, condos, mobile homes and apartments. Per the Fairfax County website, the rules are:

• Owners or renters must be permanent residents of the property they offer for short-term lodging. This limitation is to prevent businesses from operating multiple, full-time rentals, like a hotel or motel, in residential neighborhoods.

• Properties may be rented for 60 days per calendar year.

• Guests would be limited to six adults, the lodgers must all be associated with the same rental contract and only one contract per night is allowed. This is to prevent multiple rentals of a property by unrelated groups at the same time.

• Operators must identify an authorized agent, who will be available in addition to the operator, to address problems that arise while a property is being rented.

• Operators must have one designated parking space available for lodgers.

• Regardless of where posted, advertisements must include an operator’s short-term lodging permit number and identify the location of the required parking space and any other available parking.

• Properties may not be rented for events or commercial purposes like parties, weddings or fundraisers.

• Properties must be made available for inspection by county code enforcement inspectors upon request, and properties must comply with state building safety rules.

The website states that the regulations will not bar community association from prohibiting short-term rentals, so covenant prohibitions will still be enforceable by associations where they are in place. We have asked for a copy of the actual rules, to see what qualifies as a “designated parking space”, as this could be a substantial issue.