Proposed short-term letting By Law

I oppose the proposed Short-Term Letting By-law in its current form.

I support the responsible regulation of genuine commercial accommodation, protection of residential neighbourhoods and effective action against unlawful property use. However, the proposed By-law goes substantially further by creating a registration, monitoring and data-sharing system specifically linked to the classification of properties for municipal rates purposes.

The City must therefore clearly demonstrate why this additional regulatory system is necessary when commercial accommodation has already been addressed through the City's Rates Policy.

I am particularly concerned that the proposed system could disproportionately affect identifiable, compliant homeowners with municipal accounts, while operators who advertise privately, through informal channels, foreign platforms or outside recognised booking platforms may be considerably harder to identify and regulate.

The City must explain how it will ensure equal and consistent enforcement across all communities and all forms of short-term letting.

The proposed collection of property addresses, erf numbers, municipal account numbers, availability and occupancy data also raises significant questions regarding privacy, proportionality, data security and the extent to which this information may ultimately be used for rates enforcement.

The proposed 50% annual room-night threshold for commercial classification requires further justification, particularly regarding seasonal operators, occasional home-sharing and homeowners who use short-term letting only to supplement household income.

The City must also address the distinction between legitimate short-term accommodation and properties allegedly being used for unlawful activities, including illegal hourly accommodation. Criminal activity should be addressed through effective law-enforcement and planning mechanisms and should not result in disproportionate regulation of legitimate homeowners.

Before this By-law is adopted, the City should publish a clear business and implementation plan setting out:

• projected additional rates revenue;
• all registration and administrative costs;
• enforcement costs and staffing;
• how off-platform and privately advertised properties will be identified;
• how foreign-owned/non-resident properties will be addressed;
• safeguards for occasional and seasonal homeowners;
• the justification for the 50% threshold;
• data-protection and retention measures; and
• the relationship between this By-law and existing zoning, planning and rates legislation.

My position

I do not oppose sensible regulation. I oppose the proposed By-law because the City has not yet demonstrated that this extensive new regulatory and monitoring system is necessary, proportionate, financially justified or capable of being applied equally.

The City should first address the existing enforcement and planning shortcomings and provide residents with the evidence, financial model and implementation strategy necessary to demonstrate that this will not become an additional mechanism for expanding the municipal rates burden on ordinary property owners.

I therefore call for the draft By-law to be rejected in its current form, substantially reconsidered and subjected to further meaningful public participation before being brought back to Council.