Prince George's County Real Estate

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AirBnB and Short Term Rental Regulations in Prince George's County

Two bills were adopted by the County Council that comprise the new "short-term" rental law:

• CB-10-2018, which adds a Tourist Home as a permitted accessory use to a principal dwelling use in the Zoning Ordinance, and

• CB-11-2018 that establishes the licensing requirements, rules regulations, fees, penalties for short-term rentals within Prince George's County.

CB-10-2018 - Tourist Homes as Accessory Uses

Beginning on October 1, 2019, under CB-10-2018, the legislation specifically allows a Tourist Home as a permitted accessory use to a principal dwelling use in the Zoning Ordinance as a permitted accessory use in the Residential, Commercial, Industrial and Mixed Use Zones. Under the referenced zones, a Tourist Home as an accessory use to a dwelling is permitted in the Table of Uses and shall be subject to the following requirements:

• The Tourist Home shall be an accessory use to a principal use as a dwelling, which principal use is permitted in the Table of Uses.

• The Tourist Home accessory use may be located in a principal building or an accessory building.

• The Tourist Home accessory use shall be rented for no more than thirty (30) consecutive days and no more than a total of ninety (90) days, if not occupied by the owner or no more than one hundred eighty (180) days if occupied by the owner, over a single calendar year.

• The number of occupants using the Tourist Home accessory use at any one time shall not exceed eight (8) guests at any one time and there shall be not more than three (3) guests per bedroom.

• The owner of the property hosting the Tourist Home accessory use obtains and maintains the appropriate and required licenses from the Department of Permitting, Inspections and Enforcements (DPIE) and other applicable license authorities.

• The owner of the property hosting the Tourist Home accessory use shall collect and remit all applicable taxes.

CB-11-2018 - Short-Term Rentals

CB 11, also effective on October 1, 2019, establishes the licensing requirements for short-term rentals within Prince George's County, and, also establishes rules, fees, penalties and enforcement provisions for short-term rentals. The legislation expands Subtitle 5 (Businesses and Licenses) of the current Prince George's County Code. As REALTORS^®, we encourage you to review the legislation and the full provisions of the bill in totality. Provided below is a synopsis of the bill.

• Under the parameters of the bill, rental licenses are different from short-term rental licenses and cannot be used interchangeably.

• Rental licenses are regulated pursuant to Subtitle 13 Division 4.

• Short-term rental licenses are regulated pursuant to Subtitle 5 Division7A.

• Each license must be applied for separately, adhering to and satisfying the applicable standards for each license.

• A person who has filed a complete application with the Department for a short-term rental license may operate a short-term rental for no more than 90 calendar days while the application is being assessed and evaluated by the Department.

• Each short-term rental license expires annually on the anniversary of its issuance.

• Fraud, misrepresentation, false statement and inaccuracies in the application or supporting documents shall be grounds for immediate revocation or denial of the short-term rental license.

• Shall pay applicable fees associated with the application and approval of the license, including the initial $150 licensing fee, thereafter there will be an annual fee of $150.

• The fees are subject to change and any change in the licensing fee shall be prescribed in the Table of Fees.

• An applicant for a short-term rental license shall:

  • Obtain liability insurance of at least $1,000,000. May utilize a platform's liability insurance if the liability insurance is at least $1,000.000 and is approved by the Department.

  • Provide a copy of current and valid liability insurance of at least $1,000,000.

  • Attest and ensure that each short-term rental unit has a working smoke detector and carbon monoxide detector in every bedroom, sleeping area and on all habitable floors;

  • Provide a picture to the Department as proof of the required smoke detectors and carbon monoxide detectors.

  • Attest and ensure that each short-term rental unit has properly maintained and charged fire extinguishers in every bedroom, sleeping area and on all habitable floors;

  • Provide a picture to the Department as proof of the required fire extinguishers.

  • Attest and ensure that each short-term rental has a posting of emergency contact information on the interior of the rental, a floor plan that indicates fire exits and escape routes that are conspicuously placed on the interior portion of the main entrance and in each room where there are sleeping quarters in the short-term rental;

  • Provide a picture to the department as proof of the conspicuously placed posting of the emergency contact information on the interior of the rental, a floor plan that indicates fire exits and escape routes.

  • Attest and ensure the short-term rental is in compliance with all applicable laws and codes including but not limited to Subtitle 4 of the Prince George's County Code, all applicable property maintenance, electrical, plumbing and building codes.

  • Attest and ensure that notification has been provided to homeowner associations, condominium associations, common ownership communities, cooperatives, and, where applicable, municipalities where the short-term rental is located.

  • Attest and ensure compliance with the requirements of homeowner associations, condominium associations, common ownership communities and cooperatives where the short-term rental is located.

  • Attest and ensure that the short-term rental has provided at least one (1) off street parking space for every three (3) overnight guests.

  • Provide proof of availability of off street parking for the short-term rental.

  • Provide proof of intent to apply for the short-term rental license has been provided to the following neighbors and/or individuals in the adjacent homes including but not limited to:

    • The neighbors that are to the immediate left, of the short-term rental property.

    • The neighbors that are to the immediate right, of the short-term rental property.

    • The neighbors that are in front of the short-term rental property.

    • The neighbors that are behind the short-term rental property.

    • The Department shall provide the approved notification letter for short-term license applicants.

  • Attest and ensure that the short-term rental is the permanent residence of the host.

  • Attest and ensure the short-term rental has two (2) outdoor trash and one (1) recycling receptacles with tight fitting lids.

  • Provide proof of ownership of the short-term rental property; a copy of the host's homestead property tax credit for the location of the short-term rental.

  • Attest and ensure the property has no outstanding taxes or liens and the property has no code violations.

As previously indicated, CB-10-2018 and CB-11-2018 establish short-term rentals in Prince George's County.