§ 48-7. Licensing prerequisites.

(a) Limitations.

(1) Except as provided in paragraph (2) of this subsection, a person may only be issued a short-term residential rental license for his or her permanent residence.

(2)(i) A host may be issued a short-term residential rental license for 1 additional dwelling unit if:

(A) the dwelling unit had a successfully executed booking transaction, as described in subparagraph (ii) of this paragraph (2), between August 1, 2017, and December 31, 2018;

(B) the host became the owner of the additional dwelling unit on or before December 31, 2018; and

(C) the host applies for a short-term residential rental license for the additional dwelling unit no later than the 90^th day after the date on which this subtitle takes effect.

(ii) For purposes of this paragraph (2), a booking transaction is deemed successfully executed if a fee was exchanged, whether directly or indirectly, between the host applying for the dwelling unit's short-term residential rental license and a transient guest, for the short-term residential rental of the dwelling unit.

(3) Short-term residential rental licenses are not property rights, and a short-term residential rental license does not transfer on the sale or any other ownership transfer of a dwelling unit.

(b) Additional requirements.

(1) In general.

All applicants for an initial or renewal license must meet the following requirements.

(2) Proof of owner's permanent residence.

The owner must provide proof that the dwelling unit (or, if 2 dwelling units are applied for, 1 of those units) is the owner's permanent residence.

(3) Non-owner-occupied dwellings.

For any dwelling unit that is a "non-owner-occupied dwelling unit" (as defined in City Code Article 13, Subtitle 4 {"Registration of Non-Owner-Occupied Dwellings ..."}):

(i) the dwelling unit must be currently registered, as required by that Subtitle 4;

(ii) all registration fees and all related interest required by that Subtitle 4 must have been paid; and

(iii) all other requirements of Article 13 applicable to non-owner-occupied dwelling units must be complied with.

(4) Sales and use tax.

The owner must be registered with the State Comptroller for the collection of the State's sales and use tax.

(Ord. 19-217.)

Editor's Notes

Section 3 of Ordinance 19-217 provides for the following exception to the preceding section

“[N]otwithstanding Article 15, § 48-7(a)(1) and (2) and (b)(2), as added by this Ordinance:

(a)(1) Any natural person who, as of December 31, 2018, owned and operated 1 or more short-term residential rental dwelling units in the City, none of which dwelling units qualify as his or her "permanent residence" (as defined in § 48-1(g) and otherwise a licensing prerequisite under § 48-7(a)(1) and (b)(2)), is nonetheless entitled to apply for and, if otherwise qualified, be issued a short-term residential rental license for 1, but not more than 1, of these preexisting short-term residential rental dwelling units, if:

(i) the dwelling unit to be licensed had a successfully executed booking transaction, as described in paragraph (2) of this subsection, between August 1, 2017, and December 31, 2018, inclusive;

(ii) the host became the owner of that dwelling unit on or before December 31, 2018; and

(iii) the host applies for the short-term residential rental license for that dwelling unit no later than the 90^th day after the date on which Article 15, Subtitle 48, as added by this Ordinance, takes effect.

(2) For purposes of paragraph (1)(i) of this subsection, a booking transaction is deemed successfully executed if a fee was exchanged, whether directly or indirectly, between the host applying for the dwelling unit's short-term residential rental license and a transient guest, for the short-term residential rental of the dwelling unit.

(b) Unless the dwelling unit licensed under this section subsequently becomes the host's "permanent residence", the host is not eligible for any additional license under Article 15, § 48-7(a)(2)."