Editor,
New WV Bill Welcomed by Davis Property Rental Rights Group
The WV House of Representatives Committee on Economic Development & Tourism
introduced a bill limiting the ability of municipalities to regulate short term rental (STR).
This bill arrives amidst controversy in Davis regarding its own announced restrictions on
property rental. The Davis Rental Property Owners Alliance is a group of approximately
60 owners. Those affected by Davis’s STR restrictions range from parents trying to
keep the bills paid to business owners with upstairs apartments.
Kin Sayre, Bowles Rice partner and counsel for the Owners Alliance, has provided
multiple legal explanations to the Town Council advising that their orders restricting land
use were unlawful. Sayre, said, “HB 3554 will prevent the Town from arbitrarily
prohibiting or regulating a property owner from using their property without proper
zoning and land use regulations. The current moratorium would be in direct conflict
with HB3554 and expose the Town to liability for their illegal actions.”
Craig O’Connor is an Army veteran with Davis properties. While renovating his house
he was denied an STR request but was later granted a license during a gap in
moratoriums. Next he experienced a jump in the town’s service rates.
“An important part of this legislation is that it will require municipalities to treat owners of
STRs the same as other homeowners. No more double standards such as the trash
rate for Davis homeowners who rent short term, which was raised up to the commercial
rate.”
Nick Waite was born in Davis and moved to Virginia in his teens to pursue professional
cycling. Waite is currently completing the renovation of a Davis house.
“The house hadn't been lived in for years so renovation came with a huge price tag. I
was able to justify the cost by the fact that I could rent the house when not using it.
When the Town issued its moratorium, offsetting my costs by renting appeared to no
longer make financial sense. While the town did eventually grant me a license during a
lapse of the moratorium, I feel uneasy about the Town Council’s hostility towards
owners who want to use their property, responsibly, as they wish.”
Annie Snyder is a realtor with Cranston Real Estate, and has experienced instances of
buyer concern due to the town’s rules involving rental property.
"Realtors are concerned regarding the impact of the moratorium,” said Snyder. “It limits
the part-time rental options of the owners and buyers, therefore it affects sales and
value of Real Estate properties in Davis."
Pete Johnson, longtime developer of Davis real estate, commented, “We all share
concerns around fire codes, building codes, noise, parking, yard debris etc, but it is
unfair to implement such rules only for certain property rentals. We also share a
concern for providing affordable housing stock, but restricting private property rental
rights only adds to affordability woes.”
The public can track progress of the bill at www.wvlegislature.gov. The Davis Rental
Property Owners Alliance has a Facebook group that is listed as “Rental Property
Owners – Davis WV”.
Janice Mandel