Short Term Rentals, VRBO’s, and Airbnb’s: What every attorney should know

Ashley M. Peterson | AMP (Law Offices of Ashley M. Peterson)

Ashley Peterson is the owner of the Law Office of Ashley M. Peterson in San Diego, California. Her practice specializes in real estate transactions including commercial and residential property purchases and sales, commercial and residential leases, and short-term rental regulations. She is a current member of the executive committee of the California Lawyers Association Real Property Law Section and the San Diego County Bar Association Real Property Section. Ms. Peterson was named as one of the top 50 influential business leaders in San Diego by the Daily Transcript in 2017, and as a “Rising Star” in Real Estate by Super Lawyers every year from 2017 – 2020.

Mike Criddle | EideBailly

As a leader in Eide Bailly’s International Tax Services Group, Michael provides expertise on issues surrounding international taxation. He has experience advising both U.S. citizens and green card holders who are working abroad, as well as with foreign-born workers here in the U.S. Michael also has experience with foreign investment, as well as employment issues businesses often face when sending employees abroad.

When you work with Michael, you get a partner with the expertise needed to keep you and your business compliant with all U.S. and international tax laws and compliance regulations. With skill and efficiency, he will help you navigate the many challenges of dealing with multiple jurisdictional tax regimes. Outside of work, it’s hard to pin Mike down. He’s got a large family, including three adopted children from Ukraine and Ethiopia, so much of his free time is spent as a doting, devoted family man.

Mr. Criddle enjoys snowboarding, cooking, and a variety of other sports… all at a skill level ranging from amateurish to hilarious, depending on which family member you ask.

Andrew M. Miller | Burch & Cracchiolo

Mr. Miller’s practice is focused on zoning, land use, real estate law, government relations, and municipal law. His areas of concentration include development agreements, rezoning ordinances, code enforcement, intergovernmental financing agreements, and complex transactional matters. Prior to joining Burch & Cracchiolo, he served as the Town Attorney for the Town of Paradise Valley for 22 years from 1998-2020.

Mr. Miller oversaw high-quality growth and development that strictly adhered to the ordinances and zoning codes that so deftly sets Paradise Valley apart from other municipalities in the Valley of the Sun. Under his tutelage, Andrew guided residents, custom home builders, developers, and business owners in the establishment and expansion of building projects including the Montelucia, Mountain Shadows, Sanctuary, Camelback Inn, and Ritz-Carlton (Paradise Valley) resorts.

Mr. Miller provided legal advice/interpretations of laws/statutes to the Town Council, Town Manager, Mayor, Police Department, Department heads, Boards, and Commissions, including reviewing, evaluating, and recommending approval/modification of legal documents such as contracts, deeds, and bonds; drafts/interprets Town Ordinances; represents the Town in Maricopa County Superior Court and State of Arizona administrative proceedings.

Mr. Miller also provided legal advice to Town staff in general on matters such as zoning, land use laws and condemnation; contract drafting and public bidding laws litigation management; code enforcement advising and prosecutor supervision; public records and open meeting laws; telecommunication, wireless facilities, antenna site leases, and cable television licensing issues; and employment and administrative law matters. He had significant interaction with citizens on Town zoning code and other code provisions and worked directly with vendors, public utilities, or other public agencies in negotiating and drafting contracts.

Specific to short term rentals Andrew lobbied against the State of Arizona’s preemption of municipal regulation over short term rentals (SB1350, in 2016) with his testimony leading the legislature to make modifications to state laws so that municipalities could still limit commercial uses of short term rentals and has prosecuted many property owners for “commercial rental” of single-family properties for events such as weddings, super bowl-related corporate parties or events, auctions, and non-family related party rentals.

Andrew continues to work with cities and town residents on new legislation to repeal portions of the state preemption so as to permit Arizona municipalities to exercise greater land-use restrictions on short-term rentals.

I. City ordinances and state statutes in California | 2:00 pm – 2:15 pm
II. Issues for short term rental hosts operating in common interest developments | 2:15 pm – 2:30 pm
III. Drafting tips for short term rental agreements and leases | 2:30 pm – 2:45 pm 
IV. COVID-19 impact on the short-term rental industry | 2:45 pm – 3:00 pm 

 Break | 3:00 pm – 3:10 pm 

V. Federal and State Income Tax Issues | 3:10 pm – 3:25 pm
VI. Sales and Transient Tax | 3:25 pm – 3:40 pm
VII. Sales and Exchanges of Short-Term Rental Property | 3:40 pm – 3:55 pm
VIII. Mixed Personal and Rental Use “Vacation Home Rules” | 3:55 pm – 4:10 pm

Break | 4:10 pm – 4:20 pm 

IX. How to help the frustrated neighbor who does not appreciate having a “hotel” next door | 4:20 pm – 4:35 pm
X. Municipal and state regulations related to short term rentals and the nuisance activities related to short term rental activity | 4:35 pm – 4:50 pm
XI. Private actions and options, such as amended CC&Rs, to eliminate the short-term rental next door, or at least limit the nuisance activities. | 4:50 pm – 5:05 pm 
XII. What are the short-term rental platforms doing about perceived nuisances and “party house” issues? | 5:05 pm – 5:20pm