**Disclaimer: This summary is not legal advice, and individuals should consult with an attorney for accurate information on the City of Santa Fe vacation rental ordinance.**
Hey there! Thinking about renting out your property in Santa Fe as a vacation rental? Hold on, because there are a few rules you need to know about. Now, remember, I’m not a lawyer, so it’s always a good idea to talk to one before making any big decisions.
Purpose and Intent: The City of Santa Fe has this thing called the Short-Term Rental Unit Ordinance. It’s there to make sure that renting your place for short stays doesn’t mess with the vibe of the city’s neighborhoods or bother the folks living nearby.
Permits and Registrations: To dive into the vacation rental game, you’ll need a city-issued business license and either a short-term rental permit or registration. No sneaky business – you can’t rent or advertise without these.
Limits and Stuff: There’s a limit of 1,000 short-term rental permits for residentially zoned properties. No hoarding permits here! If you’re planning to operate one, it’s gotta be in the name of a real person – no businesses allowed. And, these permits aren’t transferable like Pokémon cards; if you sell your place, the permit goes back to the city.
Rental Rules: You can’t rent your place more than once in a seven-day period, except for the holiday season between November 15 and January 15. Plus, there are some proximity rules – you can’t get a new permit if your property is too close to another short-term rental with some exceptions.
General Stuff: Your short-term rental needs a local operator available 24/7 to handle complaints. Don’t forget about parking – one bedroom, one parking space; two or more bedrooms, two parking spaces. And yes, your place needs to meet all safety codes and conservation requirements.
Fees and Renewals: There are fees involved – an application fee, business license fee, permit fee for residential zones, and registration fee for non-residential zones. Remember to renew your permit or registration annually, or things could get messy.
Inspections and Notices: Before you get the green light, the city will inspect your place to make sure it’s up to snuff. And, within ten days of getting a permit, you need to send out notices to homeowners nearby and the land use department.
Records and Taxes: Keep good records for three years – rental dates, rent amounts, and taxes paid. You also need to pay all the taxes, including lodgers’ tax, gross receipts tax, and income tax.
Violations and Penalties: Break the rules, and you might face penalties or lose your permit. The city takes this stuff seriously.
Existing Permits: If you already have a permit, you’re in luck. Just keep following the rules, and you don’t need to renew until it expires.
Effective Date: These rules kicked in immediately upon approval. If you already had a valid permit, you’re good until it’s time to renew. Phew! That’s the lowdown on Santa Fe’s vacation rental rules. Remember, this is just a friendly summary – talk to a legal pro for all the nitty-gritty details. Happy renting! 🏡✨
The full ordinance is at https://library.municode.com/nm/santa_fe/codes/code_of_ordinances?nodeId=CH14LADE_ART14-6PEUSUSRE_14-6.2UECST.
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