NEW ORLEANS – In December 2016, New Orleans City Council passed legislation to limit, regulate and tax short-term rental platforms, such as Airbnb, in Orleans Parish.
Effective April 1, 2017, the legislation prohibits full-time, whole-home rentals in residential districts. It also includes strict regulations, time limits and permit fees for non-owner-occupied rentals in residential districts. The City's Department of Safety and Permits is in charge of enforcement of any violations.
The legislation includes three types of legally permitted STRs:
• Accessory: allows permanent residents to rent out spare bedrooms or property owner occupant to rent half a double on a full-time basis. Homestead exemption and STR License are required.
• Temporary: allows property owner to rent their dwelling as a STR on a temporary basis for up to 90 days per calendar year, up to 5 bedrooms. STR License is required.
• Commercial: allows property owner to operate STR as a commercial use in non-residential zones, up to 5 bedrooms. STR License is required.
• All types of STRs are banned within the Vieux Carré with the exception of the Vieux Carré Entertainment District which are allowed by right as a commercial permit.
How to Apply
Applications for STR licenses may be filed in-person at the City's One Stop for Permits and Licenses on the 7th Floor of City Hall or online at onestopapp.nola.gov.
Depending on which online rental platform you utilize, the platform may offer 'pass-through' registration, where the platform will collect your application information and provide it to the City of New Orleans for processing.
For those individuals listing on Airbnb alone, Airbnb will be offering 'pass-through' registration, where the platform will collect your application information and provide it to the City. If you choose to register that way, we will contact you for any additional information needed and to let you know when the fees can be paid.
Applicants for STR licenses will need to provide the following attestations or documents depending on the license type requested. Any information may require further documentation either during the application review process or anytime during the period the license is valid to ensure compliance with the City Code.
All applicants must submit an attestation that the following requirements are met and that they understand the limitations of the license being applied for:
• The property has current, valid liability insurance of $500,000 or more
• Each licensed dwelling has working smoke detectors in every bedroom, outside of sleeping areas, and on all habitable floors
• Each licensed dwelling has a properly maintained and charged fire extinguisher
• Each dwelling will provide a posting which provides emergency contact information and a floor plan indicating fire exits and escape routes, which shall be posted in a prominent location
• Certification that the property is in compliance with the City's Minimum Property Maintenance, Building, Electrical, Mechanical, and Plumbing Codes
• Certification that the property does and will continue to comply with all Use Standards of the Comprehensive Zoning Ordinance for the specific license type
• That the owner/operator has made best efforts to notify immediately adjoining properties of an application for a STR license
• Certification that the property has no outstanding taxes or liens
The following information must be provided to the Department of Safety and Permits upon request, either during the application period or any time during the period of license validity to ensure compliance with the City Code:
• A floor and/or site plan indicating the location of the required smoke detectors, fire extinguisher, and emergency contact/fire exit posting attested to during the application process
• A completed application for a Change of Use Building Permit when required by the Department of Safety and Permits
• Contact information for both the property owner/applicant and the local contact (if applicable), including a physical mailing address, cell phone number and email address
• A copy of the Conditional Use Ordinance and the approved, recorded plans (if applicable)
• A list of the rental platforms to be utilized
• The name and current physical address of a natural person in Orleans Parish upon whom service of process may be made
Beginning on April 1, 2017, http://www.nola.gov/str/ will be updated with the addresses and permit numbers of approved Short Term Rentals. This information can also be found at onestopapp.nola.gov by searching for the address of the property being researched.
Once a permit is issued, the permit holder must:
• Prominently display the permit on the front façade of the property in a location clearly visible from the street
• Provide the valid permit number on any listing advertising or soliciting the property for use as a STR. The permit holder shall only advertise the short term rental as allowed by their STR permit
• Post the following information in a prominent location in the interior, clearly visible to guests: Permit number; Name and contact information of the owner/operator; Name and contact information of the property manager, if applicable; Occupancy limit; Trash and recycling collection rules and dates; and Additional STR Rules and operational standards as provided in the Comprehensive Zoning Ordinance, including but not limited to: prohibition on the use of the rental for commercial or social events and noise limitations.
Any fraud, material misrepresentation, or false statements contained in the attestations, required documentation, or correlating application materials may result in the immediate revocation of a STR license permit.
The Short Term Rental Administration is a division of the Department of Safety and Permits responsible for licensing of short-term rental facilities and enforcement of the standards regulating their operation. The STR Administration can be contacted via email using STR@nola.gov or by phone at (504) 658-7144.
A complete summary of the regulations can be found here, and a table of what types of rentals are allowed in which zoning districts can be found here. To find out what your property is zoned, please use property.nola.gov.
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