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Justin Kane
  • Specialist
  • San Antonio, TX
295
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909
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San Antonio and STR Rant

Justin Kane
  • Specialist
  • San Antonio, TX
Posted Nov 16 2018, 08:13

MY ABNB/HOMEAWAY RANT AGAINST THE CITY AND COUNTY

The City has passed their ordinance that only took 1 1/2 years to complete and uncompleted ordinance per the City.

The City's problem was the same problem the Great State of Texas had which was collecting the Hotel Occupancy Tax otherwise known as the "HOT" tax.

While our City and County was creating the ordinance to collect their HOT taxes the State was collecting their HOT tax for the last 2 years.

Why? The State decided to form a relationship with ABNB and Homeaway just like the City has indicated they have with both ABNB and HomeAway.

The State simply informed both companies that if they did not collect the HOT tax and pay they would shut them down.

This is where the magic happened. Both ABNB and Homeaway said OK, we will collect at transaction and pay the state the tax. All of a sudden it was over and everybody was happy, the State, ABNB, Homeaway, home owners and guest. Simply amazing.

Lets take a look how the City/County and their infinite wisdom decided to follow suit.

The City decided we need a department to collect our HOT tax, so how do we create another bureaucratic level on top of all the inefficient ones we already have? We can begin by creating an ordinance but how do we begin because we are not smart enough to do this even though we are either hired and paid to do this or we are voted by the great people of San Antonio.

We will start by letting somebody else find a solution (should have asked the State) so lets ask the people and more specifically the great neighborhood associations

that exist because they know what we do not know.

We can have multiple meetings that we can attend and spend our great citizens tax dollars discussing it for 1 1/2 years.

It has been 1 1/2 years and now they have a draft hoping to have it pass City council and it did.

The draft indicated 2 types of homes STR1 and STR2 (Short Term Rental). STR1, your home and you rent a room, STR2 you rent your home and do not live in it. Keep in mind everybody already does this because it is your home and can do want you want as long as you do not violate current ordinances for residences per Police Department and Code Compliance. This does exist. The City I guess did not hear about a Texas Supreme Court ruling 60 days before they passed the ordinance where a home owner was sued by the home owners association for renting his home on one of the websites. He counter sued and the Supreme Court ruled in the home owners favor because it is his home and he can do what he wants with it.

The city decides that they should treat these residences as business (hotel/motel) not residences even if they are zoned per the City as residence.

Fill out application and pay us $200.00, when you have converted your home into a hotel as required by our ordinance and application turn in the application so we can go inspect your home for compliance. Yes, our code compliance officers have done such a great job they have nothing else to do. If we do not have enough officers we can hire more the great people of San Antonio will pay for it. If you pass inspection you will be good for 3 years. After 3 years and before 3 years expire please come in and pay another $250.00. We may or may not inspect your home before approving it for another 3 years.

The City in the ordinance also figures out with the help of neighborhood associations how to only make this fair for certain citizens. If the city approves an STR2 home the home owner is happy. The next thing you know the neighbors start noticing the renovations, landscaping, lighting, and other improvements so he or she decides they want to STR2 their home. The ordinance as approved will not allow nor approve any more STRs 300 feet to the left or right or 150 feet to the front or back of the one STR the City approved. This is not fair and I see class action lawsuits coming but it is ok the great citizens of San Antonio can foot the bill.

Congratulations to the City of San Antonio. Now the City is having a session to figure out how to go after back taxes from it's great citizens and they are committed to collecting every penny or do what they do and take property. It will not be hard but time consuming because remember they have relationships with ABNB and HomeAway to find the homes that have been renting for the last 5 years.

If you have this information then why did you not send letters in the past asking these home owners to come by to learn how to pay their taxes and pay.

I have read that of the 2000 vacation advertised homes only 15% have been paying the City and County tax. I guess the City expects home owners not business people to know to pay Hotel taxes. This is an outrage. The City can now hire people, consultants and companies to collect past due taxes and if not paid take people's homes away from them because they cannot afford hundreds or thousands of back taxes.

This is an injustice to the citizens of the great City of San Antionio and an embarrassment.

There are so many more issues that the city has created but do not want to bore you. This could have been resolved years ago. The City was fueled by the citizens by design to hide, cover or not discuss where the City has received most of the pressure which is the Hotel industry. They keep building more and more and blame ABNBs for their 70% occupancy rate even during Final Four.

All the City and County should care about is collecting their tax. Does not matter if from the Hotels or Vacation Homes.

I love my City the City of Santos but not please with the current administration.

I hope everybody has a great Thanksgiving with family and friends and happy to be hosting numerous families in our vacation homes for Thanksgiving