Supremes Agree To Hear Short-Term Rental Case
The Michigan Supreme Court agreed to hear oral arguments on an Ottawa County couple's appeal of a ruling that said their home cannot be used for a short-term rental.
The court's recent order invited the Michigan Townships Association and Michigan Municipal League as well as the Real Property Law and Government Law Sections of the State Bar of Michigan to submit a brief on the issue.
No date for arguments has been set as of today.
Susan REAUME's 2017 application for a short-term rental license that would have allowed her and her husband to rent out their 5,300-square-foot home at 18190 Lovell Road was denied and the local Zoning Board of Appeals denied her appeal.
The Ottawa County Circuit Court affirmed the denial as did the state Court of Appeals, who held short-term rental wasn't permitted under the township's zoning ordinances. (See "Court Rules Township Can Ban Short-Term Rentals," 5/22/19.)
Short-term rentals in residential areas is an issue that reached the Legislature in April 2017 when Rep. Jason SHEPPARD (R-Temperance) and then-Sen. Joe [HUNE] (R-Hamburg Twp.) introduced HB 4503 and SB 0329, respectively, that proposed mandating all residential zones allow short-term rentals. Both were referred to committees where they stalled. (See "MLTB: Leave Short-Term Rentals Under Control Of Local Governments," 10/4/17 and "Short-Term Vacation Rentals Pit Locals, Property Owners," 4/28/17.)
In January, Sheppard introduced HB 4046, which limits regulation of vacation rentals and short-term rentals by local zoning. The proposed bill has been referred to the Committee on Local Government and Municipal Finance. (See "Realtors, Municipals Go Toe-to-Toe Over AirBNB Rental Zoning," 5/1/19.)