DC AirBnb: Which BBL should be used for the new legislation?

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As the description says,  I'm looking for insight on what kind of BBL can be used now to run AirBNB out of my two-unit primary residence under my LLC. People in my network (who have been in the business for a while) currently have the "Bed and Breakfast" license, but it is my understanding that this license will no longer apply to short term rentals and online bookings, so they hope to get grandfathered into the new laws.

The timing isn't great due to the uncertainty, but I am planning to start short term rentals early next month so any advice would be greatly appreciated. Here are the licenses per DCRA:

Boarding house
One Family Rental
Two Family Rental
Bed and Breakfast
Cooperative Association
Inn and Motel
Rooming House

Thanks in advance to anyone who has any advice on this matter.  

Hi Sean – I do not believe there is any BBL available at the moment to operate a STR.

The bill passed by DC Council was flat until DC Zoning could amend the zoning rules to define STRs and permit STR use in residential zones. This happened on October 24.

Now, DCRA has taken over to create a rulemaking process/procedure from which they can issue the brand new BBL endorsements for STRs. My understanding is that once DCRA is finished, the rules will get posted for a period of public comment before taking effect. (I’m not 100% sure if the public comment period applies here though)

The new BBL endorsement types are unique to STRs, and I don't think the existing license types listed above ever applied to STRs. Certainly not now that the new bill/zoning amendment defines STRs as being different from other uses-- boarding houses, bed and breakfasts, transient lodging, etc.

Your post brings up another question though - are you planning on hosting more than 90 days per year in your home? The language in the bill passed last year distinguishes between owner-occupied STRs which are hosted in a primary residence and vacation rentals (the latter having the <90 days limitation) The concerning part is the bill defines a primary residence as being a property that is eligible for the homestead deduction. Since property owned by an LLC is not eligible for homestead, even if you personally live there full time... it seems like there could be a potential snafu in the making for lots of likeminded people. Have you heard any rumblings within your network about this becoming an issue?

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