Short Term Rentals (“Airbnb”, “Owner Direct”, “Home Away” and others)
Short term rentals (typically residential rentals of 30 days or less) are here to stay. Some questions raised by them are: Are they legal for your specific property? Might such rentals be in violation of homeowner association recorded restrictions or other rules?
Our office can assist relative to:
- Determining whether state or local regulations affect your ability to use your property as a short term rental;
- Clarifying whether there are any HOA rules or other restrictions affecting a short term rental of your property;
- Preparing, revising or reviewing (for the Landlord or the Tenant) short term rental agreements to ensure compliance with Nevada’s landlord-tenant laws; and
- Addressing the manner in which nearby properties and/or HOA’s may protect against problems often created by short term rentals, including fines, local code enforcement and related remedies.
Henderson Short Term Vacation Rentals
During July 2019, Ordinance No. 3591 permitting Short Term Vacation Rentals (“STVR”) was adopted within the City of Henderson. Please note that STVR’s are also permitted within the City of Las Vegas (and subject to different regulations) and continue to remain prohibited within all unincorporated areas of Clark County.
Henderson’s STVR regulations went into effect October 14, 2019. Any STVR operating after that date, and that did not thereafter register with the City, would be in violation and subject to enforcement rules.
Some frequently asked questions pertaining to these new STVR’s are as follows:
What is a short-term vacation rental? A permanent residential dwelling or any portion of such dwelling unit, rented for occupancy for a period of less than thirty (30) consecutive calendar days, excluding February, counting portions of calendar days as full days, regardless of whether a permanent resident is also present during the period of occupancy.
What do I need to rent my property as a short-term vacation rental? Please review Section 19.5.3.G of the Henderson Development Code, which outlines the standards and regulations to operate a short-term vacation rental. In addition, an annual registration fee will be required.
Do I need to obtain any type of training? The property owner and whomever may be the registered local contact for the STVR must provide proof of completion of a short-term rental best practices course approved of by Henderson Community Development and Services. No such certification is required of a property manager licensed under NRS 645.
What if an HOA or CC&R’s prohibit short-term vacation rentals? It is important to note that the City’s new ordinance does not alter the ability of common interest communities to prohibit short-term vacation rentals through their CC&R’s or other governing documents and to enforce those prohibitions within their community. The ordinance will require applicants for a city registration to certify in writing that operation of a short-term vacation rental would not violate any CC&R’s, bylaws, or other agreements governing the use of their property prior to obtaining a registration. In the event that a dispute arises between a homeowner and his/her HOA regarding whether a short-term vacation rental is permitted, if the HOA obtains a judicial order as proof of the prohibition, the City will not allow a homeowner in that community to register. If a property that has been registered is determined to be in violation of any judicial order regarding a short-term vacation rental prohibition, then the registration will be revoked by the City of Henderson. The City does not enforce CC&R’s or HOA regulations.
How do I register my property for a short-term vacation rental? Subject to the pending moratorium discussed below, registration began during November 2019. Property owners of a proposed short-term vacation rental may register online. If you own multiple properties and would like to register them as short-term vacation rentals, each property will require a separate annual registration. If your property is located within an individually mapped multi-unit development (i.e. condominiums), the number of units permitted to register are 1 unit of 25% of the number of units within the building, whichever is greater. Short-term vacation rentals are prohibited in apartment units.
How much does it cost to register my property as a short-term vacation rental? The current registration fee for each separate STVR is $820.00, which is due annually from the date of registration issuance.
Is a short-term vacation rental registration transferrable? No, a short-term vacation rental registration is valid only for the property owner at time of issuance. If the property is sold, the registration is terminated. The new owner must then timely reapply for registration.
Does short-term vacation rental registration apply to multiple properties? No, the short-term vacation rental registration is valid only for one residential property.
Is there a minimum rental period for booking? Yes, a two-night minimum booking is required.
Is the City of Henderson creating a waiting list for a unit within an individually mapped multi-unit structure prior to registration? No, the City is not creating a waiting list. Those properties located within an individually mapped multi-unit structure (townhouse, condominium, single family attached, etc.) may register on a first come, first served basis. Once the maximum number within the building has been reached, no further registrations will be issued.
Is there a transient-lodging tax? Yes, each short-term vacation rental registered with the City of Henderson will be required to pay transient lodging tax on a monthly basis as required in Title 4.48 of the Henderson Municipal Code. The registrant us responsible for filing their monthly remittance, even if no taxes were collected for the month. At the present time, transient lodging tax is 13% of the gross rents received per month.
Do I need and how do I obtain my short-term vacation rental certification? Certification must be obtained through a City of Henderson Short-Term Vacation Rental Certification class. City of Henderson approved certification classes are currently being offered through College of Southern Nevada (CSN), University of Central Florida, Dixie State University and Utah Valley University, other cities continue to be added. For the most up-to-date course schedule and locations, please visit https://www.strcertification.com/str-course-dates.
Do I need a business license to operate a STVR? The City of Henderson does not presently require a business license to operate an STVR.
Can the property be owned and registered by an LLC? Yes, however a registrant needs to be one of the managers or members of the LLC, and proof of such fact will be required by the City.
Where do I get addresses to send out my local contact information to properties located within a 200-foot radius once approved? City staff will provide you a mailing list which can be formatted into labels once the City has approved the property’s address for an STVR.
My STVR is within a larger condominium complex with public areas shared by all condo owners. Do I still need to provide exterior noise monitoring devices as these public areas are shared by other owners? No, the noise level monitoring is required within the rental unit, and any private common areas large enough for customers to congregate as a group.
The Ordinance requires many other obligations to be met including, a noise management plan; a “Good Neighbor” pamphlet to be provided to occupants; and a written notification of each STVR registration to all property owners located within a 200-foot radius.
THE ABOVE DISCUSSION PERTAINS TO THE REGULATIONS AS ORIGINALLY ENACTED. HOWEVER, ON AUGUST 18, 2020, A NINETY (90) DAY MORATORIUM AS TO NEW REGISTRATIONS WAS DECLARED. DURING THIS PERIOD, CHANGES TO THE ORDINANCE ARE EXPECTED. AS SOON AS THE NEW REGULATIONS HAVE BEEN FINALIZED, THIS PAGE WILL BE UPDATED.