El Paso Short Term Rental Regulation: A Guide For Airbnb Hosts

What are short term rental (Airbnb, VRBO) regulations in El Paso, Texas?

The short-term rental (STR) market in El Paso, Texas exists in a bit of a regulatory gray area at the moment. Unlike many other major cities across the country, El Paso has not yet implemented a comprehensive set of rules and requirements for Airbnb, VRBO, and other vacation rental platforms operating within its borders.

Currently, the city does not have any specific licensing or permitting system in place for STR hosts. Individuals are free to list their properties on platforms like Airbnb without needing to obtain special approval or register with the local government. This has made it relatively easy for El Pasoans to get started in the short-term rental business compared to other Texas markets with more stringent regulations.

However, the city is actively exploring the possibility of introducing new rules for the STR industry. In 2022, the El Paso City Council held a series of community meetings to gather feedback from residents and rental hosts on potential regulations they may implement in the future. Some of the key provisions being considered include:

• Requiring short-term rental operators to obtain a permit or license
• Establishing a minimum distance (e.g. 500 feet) between each STR property
• Imposing maximum occupancy limits for rental units
• Mandating a minimum number of off-street parking spaces

While no final decisions have been made yet, these potential new regulations indicate that El Paso is moving towards a more structured approach to overseeing the short-term rental market. Current Airbnb and VRBO hosts in the city have expressed both support and concerns about the proposed rules during the public input process.

One area where El Paso is actively working to regulate STRs is taxation. The city is considering implementing a 17.5% hotel occupancy tax on all short-term rental bookings, in line with state law. This proposed tax would be in addition to any other applicable state and local taxes, and is aimed at ensuring vacation rentals contribute their fair share to municipal revenue.

Some Airbnb and VRBO operators have voiced concerns that this new tax could make their properties less price-competitive compared to traditional hotels. However, city officials have stated that the tax is necessary to create a level playing field and provide funding for public services and infrastructure.

Beyond the potential new city-level regulations, El Paso County (which encompasses the city of El Paso) has also published a set of "Good Neighbor Guidelines" for short-term rental hosts and guests. These recommendations, while not legally binding, encourage STR operators to be mindful of potential nuisances and disturbances that could impact nearby residents.

The county-level guidelines cover issues like noise, trash, and parking. But the county itself does not have any formal enforcement mechanisms or permit requirements in place for short-term rentals.

Given the lack of a codified STR ordinance in El Paso, the city does not currently have a robust enforcement regime for these types of properties. Without a formal licensing or registration system, local authorities have limited visibility and control over the vacation rental market.

However, the city has indicated that stronger enforcement is on the table as part of the ongoing regulatory discussions. Potential measures being considered include empowering code enforcement officers to investigate and fine non-compliant rental properties, as well as implementing a "three strikes" policy where repeat offenders could face permit revocation.

Overall, the short-term rental landscape in El Paso exists in a state of flux. While the current environment is relatively permissive compared to other major Texas markets, the city is actively working to develop a more structured regulatory framework for Airbnb, VRBO, and similar platforms operating within its borders. Hosts and potential investors will need to closely monitor the policy development process and be prepared to adapt their business models accordingly.ShareRewrite

Starting a Short Term Rental Business in El Paso

Currently, the city of El Paso does not have any specific licensing or permitting requirements for operating a short-term rental (STR) business. Unlike many other major cities, El Paso has not yet implemented a formal regulatory framework for Airbnb, VRBO, and other vacation rental platforms.

However, the city is in the process of considering new regulations for the STR industry. In 2022, the El Paso City Council held a series of community meetings to gather feedback from residents and STR hosts on potential rules they may implement.

Some of the key provisions being discussed include:

• Requiring a permit or license to operate a short-term rental
• Establishing a minimum distance (e.g. 500 feet) between each STR property
• Imposing maximum occupancy limits for rental units
• Mandating a minimum number of off-street parking spaces

While no final decisions have been made yet, these potential regulations indicate that El Paso is moving towards a more structured approach to overseeing the short-term rental market. Current Airbnb and VRBO hosts in the city have expressed both support and concerns about the proposed rules during the public input process.

Short Term Rental Licensing Requirement in El Paso

As mentioned, El Paso does not currently have any licensing or permitting requirements for operating a short-term rental. This is relatively unique, as many other major Texas cities like Austin, San Antonio, and Dallas have implemented STR registration and licensing programs in recent years.

The lack of a formal licensing system in El Paso means that hosts can list their properties on platforms like Airbnb and VRBO without needing to obtain any special permits from the city. This has made it relatively easy for individuals to get started in the STR business in El Paso compared to other Texas markets with more stringent regulations.

However, the city is actively exploring the possibility of implementing a short-term rental licensing program. During the 2022 community meetings, city officials indicated that a permit requirement is one of the key regulations being considered. If enacted, this would likely require STR operators to register their properties, pay associated fees, and comply with various operational standards.

Required Documents for El Paso Short Term Rentals

Since El Paso does not currently have a short-term rental ordinance, there are no specific document requirements for operating an STR in the city. Hosts are not obligated to submit any special paperwork or permits to the local government.

That said, all rental property owners in El Paso, including those operating short-term rentals, are required to comply with general zoning, building, and safety codes. This may involve obtaining standard permits for any renovations or modifications to the rental unit.

Additionally, STR hosts should ensure their properties meet county-level "Good Neighbor Guidelines" for vacation rentals.Beyond these basic requirements, El Paso has not mandated any unique documentation for short-term rental businesses. This is in contrast to cities like Austin, which requires STR owners to provide copies of their sales tax permits, proof of liability insurance, and other compliance documents.

El Paso Short Term Rental Taxes

One area where El Paso is actively working to regulate the short-term rental market is taxation. The city is considering implementing a 17.5% hotel occupancy tax on all STR bookings, in line with state law.

This proposed tax would be in addition to any other applicable state and local taxes, such as sales tax. The goal is to ensure that short-term rental properties are contributing their fair share to the city's tax revenue, similar to traditional hotels and motels.

Some Airbnb and VRBO hosts in El Paso have expressed concerns that this new tax could make their properties less price-competitive compared to other lodging options. However, city officials have stated that the tax is necessary to create a level playing field and provide funding for municipal services and infrastructure.

El Paso-wide Short Term Rental Rules

While the city of El Paso does not have a comprehensive short-term rental ordinance, the broader El Paso County does have some high-level guidelines that apply to vacation rentals. These "Good Neighbor Guidelines" were published by the El Paso County Planning and Community Development Department to help mitigate potential nuisances associated with STRs.

The key provisions in these guidelines include:

• Requiring STR owners to provide neighbors with contact information in case of issues or complaints
• Limiting outdoor amplified sound after 10pm
• Prohibiting excessive trash, parking, or other disturbances that could impact nearby residents
• Encouraging hosts to provide information to guests about local laws, noise ordinances, and proper waste disposal

These county-level guidelines are not legally binding, but rather serve as recommendations for STR operators. The county does not have any formal enforcement mechanisms in place, unlike some cities that can levy fines or revoke permits for violations.

Does El Paso Strictly Enforce STR Rules?

Given the lack of a codified short-term rental ordinance in El Paso, the city does not currently have a robust enforcement regime in place for these types of properties. Without a formal licensing or registration system, the local government has limited visibility and control over the STR market.

However, the city has indicated that stronger enforcement is on the table as part of the ongoing regulatory discussions. Some of the potential enforcement measures being considered include:

• Establishing a dedicated STR enforcement division or team within the city government
• Empowering code enforcement officers to investigate and fine non-compliant rental properties
• Implementing a "three strikes" policy where repeat offenders could face permit revocation or other penalties

That said, El Paso has generally been viewed as a relatively Airbnb-friendly city so far, especially compared to other major Texas markets. Many hosts have been able to operate their short-term rental businesses without significant interference from local authorities.In online forums like Bigger Pockets and Reddit, some El Paso Airbnb and VRBO hosts have expressed cautious optimism about the city's approach.

They appreciate the current hands-off regulatory environment, but are closely monitoring the ongoing policy discussions to see how new rules may impact their operations.

How to Start a Short Term Rental Business in El Paso

Given the lack of a formal short-term rental regulatory framework in El Paso, the process for starting an STR business is relatively straightforward:

• Ensure your rental property complies with El Paso County's "Good Neighbor Guidelines" for vacation rentals.
• List your property on platforms like Airbnb, VRBO, or other short-term rental marketplaces.
• Collect and remit any applicable taxes, such as the potential 17.5% hotel occupancy tax being considered by the city.
• Stay informed about the city's ongoing discussions around short-term rental regulations, and be prepared to adjust your business model if new rules are implemented.
• Maintain open communication with nearby residents and be responsive to any neighborhood concerns that may arise.

It's important to note that while the current environment is relatively permissive, El Paso is actively exploring ways to better oversee the short-term rental industry. Hosts should closely monitor the policy development process and be ready to adapt as the regulatory landscape evolves.

Who to Contact in El Paso About Short Term Rental Regulations and Zoning?

For questions or concerns related to short-term rental regulations and zoning in El Paso, the primary point of contact is the El Paso County Planning and Community Development Department.

You can reach them by phone at 915-212-0104 or by email at [email protected]. The department's website also provides additional information about the county's "Good Neighbor Guidelines" and other relevant policies.

If the city of El Paso finalizes a short-term rental ordinance in the future, there may be additional points of contact or resources available for hosts and operators. It's recommended to regularly check the city's website and attend any public meetings or hearings related to STR regulations.

What do Airbnb Hosts in El Paso on Reddit and Bigger Pockets Think About Local Regulations?

Based on discussions in online real estate forums like Bigger Pockets and Reddit, Airbnb and VRBO hosts in El Paso have a range of perspectives on the city's approach to short-term rental regulations.

On the Bigger Pockets forum, some El Paso-based hosts have expressed concerns about the potential new rules being considered, such as the proposed 500-foot distance requirement between rental properties and occupancy limits. They worry these types of restrictions could significantly impact the viability of their STR businesses.

However, other hosts on Bigger Pockets and Reddit have taken a more cautiously optimistic view. They appreciate the current hands-off regulatory environment in El Paso, which has allowed them to operate their vacation rental properties with relatively few obstacles. These hosts hope the city can find a balanced approach that addresses community concerns without overly burdening the STR industry.

Overall, the sentiment among El Paso Airbnb and VRBO hosts seems to be one of uncertainty and anticipation. They are closely monitoring the city's ongoing policy discussions, ready to adapt their businesses as new regulations are potentially implemented. Many are hopeful that El Paso can create a framework that supports the growth of short-term rentals while also addressing the legitimate concerns of local residents.