Starting on October 1, 2024, Portland's accessory short-term rental (ASTR) regulations will undergo significant updates. These modifications, passed by the Portland City Council, aim to streamline processes for hosts, clarify existing rules, and improve the City’s ability to enforce compliance.
Below is a breakdown of the major changes to Portland’s Zoning Code that directly affect accessory short-term rental operations, as well as how these updates may impact you.
Advertising Restrictions: Know Your Limits
One of the most important updates focuses on how short-term rental hosts advertise their properties. Starting October 1, no advertisement for a short-term rental can list more bedrooms or guests than those authorized by your Type A or Type B permit. This includes all wording, images, or descriptions that might suggest a higher capacity than what is legally permitted. For example, if your permit only allows two bedrooms and a maximum of four guests, your listing must reflect those exact numbers.
Notarized Signatures: Streamlining the Application Process
Good news for hosts: notarized signatures will no longer be required when applying for or renewing a Type A permit. Previously, hosts had to take the extra step of getting signatures notarized, adding to the administrative burden of maintaining compliance.
Going forward, the City will accept signatures from the property owner, resident (if different), and operator without notarization. These signatures can be submitted through the City’s Civic Portal or via paper forms.
Guest Logs: No Longer Necessary, But Data Collection Still Required
Another simplification involves guest logs. Previously, hosts were required to maintain a physical log book of their guests, including details like names, phone numbers, and dates of stay. However, starting October 1, this requirement will be eliminated.
While you no longer need to keep a manual guest log, you are still required to provide transactional data from your listing platform (such as Airbnb or Vrbo) upon request by the City. This data must include guests’ names, phone numbers, home addresses, dates of stay, and the number of guests per stay. You may have to work with the listing platform to secure all the necessary information. Failure to provide this data within 30 days of a request could result in enforcement actions.
Zoning Restrictions for Type B Conditional Use: Limiting Commercial Operations
One of the most significant changes applies to new Type B conditional use permits in certain zoning areas. As of October 1, new Type B accessory short-term rentals will no longer be allowed in commercial, mixed-use, employment, or industrial zones. Type B permits typically cover properties that rent out three or more bedrooms, which has traditionally been allowed in these zones.
Now, properties in these zones will be classified as Retail Sales and Service use if they operate as short-term rentals. This shift in classification reflects the City's intention to limit commercial-scale operations in areas not primarily zoned for residential use. However, existing Type B conditional use permits will remain valid, provided they continue to comply with the terms under which they were approved.
Revoked Permits: Two-Year Exclusion Period for Reapplications
If a Type A permit is revoked, you will be prohibited from obtaining a new Type A permit for the same dwelling unit for two years. This change is meant to deter bad actors and ensure that properties are used responsibly.
Previously, the exclusion period applied to the site’s residents rather than the dwelling unit itself. This update shifts the focus to the property, meaning if a permit is revoked for non-compliance, it will be the dwelling unit that faces the exclusion period.
What Hosts Need to Do
If you are currently operating a short-term rental in Portland or plan to, here are some steps to ensure compliance with the updated regulations:
- Review your advertisements on all platforms to ensure they reflect the correct number of bedrooms and guests on your permit.
- Know how to download transactional guest data if requested by the City.
- Stay informed if your property is in a commercial, mixed-use, employment, or industrial zone, especially if you are operating under a Type B permit.
For more information on these changes, visit the City’s website. If you would like to contact the Bureau of Development Services, email them at PPDAccessoryShortTermRental@portlandoregon.gov or call (503) 823-2633.