Is Airbnb legal in Durham?

Overview of Airbnb Regulations in Durham, North Carolina

Durham, North Carolina currently lacks specific regulations governing short-term rentals (STRs) such as those facilitated through Airbnb. As a result, hosts are primarily subject to the broader North Carolina short-term rental laws, which emphasize the need for safe and compliant lodging environments.

Key Requirements for Airbnb Hosts in Durham

1. Fit and Safe Properties: Hosts must ensure their properties meet health and safety standards as outlined in Durham’s Minimum Housing Code. This includes maintaining structural integrity and ensuring all amenities (such as electricity and plumbing) are functional.

2. Taxes: Hosts are required to collect and remit sales and occupancy taxes:

   • State Sales Tax: 4.75% on rental income.
   • Local Occupancy Tax: An additional 6% for rentals under 90 days.
   • Airbnb automatically collects and remits these taxes for hosts.

3. Proactive Rental Inspection Program (PRIP): While there are no special licenses or permits for STRs, these properties are still subject to inspections under the city's PRIP. This program aims to proactively identify and address housing that doesn’t meet safety codes.

4. Rental Agreement: It's recommended that hosts maintain a written rental agreement with guests detailing terms of stay, house rules, and other relevant information.

5. Neighborhood Compliance: Hosts should ensure that their rentals comply with any applicable homeowners association (HOA) rules if the property is part of an HOA.

6. Occupancy Limits: Generally, occupancy in a rental unit is capped at two people per bedroom, plus two additional guests, to prevent overcrowding.

Steps to Start Hosting in Durham

• Research Regulations: Familiarize yourself with local and state requirements impacting STR operations.
• Obtain Appropriate Insurance: Secure a suitable insurance policy to protect against potential liabilities.
• Establish a Business Plan: Craft a thorough business plan that outlines operational strategies, marketing, and financial projections.

Local Dynamics and Community Impact

The absence of stringent regulations in Durham has fostered a burgeoning market for short-term rentals. This openness has attracted many hosts, but it has also raised community concerns about the impact of STRs on residential neighborhoods, including noise and parking issues. Hosts are encouraged to engage with neighbors and address potential disturbances proactively.

As Durham's STR market continues to grow, staying informed about local zoning ordinances and evolving regulations is crucial for maintaining compliance and fostering positive guest relations. Given the fast-paced nature of the industry, potential changes to local legislation could influence the operational landscape for Airbnb hosts in the near future.

For detailed inquiries regarding short-term rental regulations or to obtain necessary contacts for compliance issues, hosts can refer to the Durham City-County Planning Department or the Department of Neighborhood Improvement Services.