Fairfax adopts short-term rental regulations

The Fairfax Town Council voted 4-1 on June 1st, 2022 to approve a program regulating short-term rentals, which are defined as rentals of a home or room in a home for 30 days or fewer. As a result, property owners who operate short-term rentals in Fairfax will soon be subject to registration fees, annual inspections and taxes. The ordinances and resolution establishing the program require a second reading and approval and the program will take effect 30 days after that approval.

Registration fee amounts have yet to be determined, but they will be waived for six months to encourage compliance.

Fairfax Program Requirements:

• Each rental must have a 24-hour local contact that Host Compliance (the company that will monitor the program) can reach in the event of complaints or emergencies.

• The property must be the owner’s primary residence. Accessory dwelling units and junior accessory dwelling units created prior to January 2020 could be used for short-term rentals, but not those built thereafter because of a state law prohibiting that use.

• Property inspections, carbon dioxide detectors, smoke detectors, and other safety measures are mandatory. Short-term rentals on properties near open spaces will be subject to a vegetation inspection as well.

• Off-street parking must be provided.

• Property owners will need a business license and pay a registration fee as well as payment of a transient occupancy tax, which is equal to 10% of the cost of each rental.