Primary Resident Requirements and Short Term Rentals

by Charles McGuigan 09.2023

A lot of Richmonders were surprised that the Planning Commission is considering changes to the Primary Resident Requirements (PRRs) on Short Term Rentals (STRs). After all, if it ain’t broken why fix it. Northside civic associations oppose changes to the zoning ordinance. 

“We see the principal residence requirement as the best safeguard against hundreds and potentially thousands of housing units no longer being available to renters and homeowners in our residential neighborhoods,” Tim Pfolh, Bellevue Civic Association president, wrote. “We see the SUP (special use permit) process as a viable recourse for those STR operators wishing to operate on R (residential)-zoned property that is not their principal residence. We urge you to vote to include the PRR in R-zones, to preserve future housing opportunities in our neighborhoods.”

A local realtor penned the following: “Removing the PRR will encourage investors to buy in our communities to operate STRs purely for profit. This will have profound impacts on our neighborhoods, and on the availability and affordability of housing across the City.”

On behalf of the Ginter Park Residents Association, Stephen Weisensale wrote this in an email to City Council and the Planning Commission: “I wish to express our support for requiring the principal residence requirement (PRR) in the proposed revised regulations affecting operators of short term rentals in all R-zoned neighborhoods in the City of Richmond.”

Like many others Stephen was somewhat taken aback that the Planning Commission at its August 21 meeting had asked Planning Staff to explore options other than the PRR for STRs. 

“This came as a significant surprise to us, since the City's own extensive engagement for over more than a year showed overwhelming support for retaining the PRR,” he wrote. “Removing the PRR would mean STRs can be owned and operated by investors. We have been in contact with other nearby neighborhood leaders including Bellevue, Sherwood Park, the Fan District, Rosedale, and other associations.” 

He added: “As you know, Mayor Levar Stoney recently declared an affordable housing crisis in Richmond, as the price of housing (both owner occupied and rental) continues to rise faster than our residents wages due to a combination of limited supply and high demand. In many cities, the lack of a PRR has allowed property investors, many of which were not local, to buy large numbers of for sale homes, and use them as short term rental investment opportunities. This will impact the availability and affordability of housing in our communities, as investors out-bid homeowners for real estate. This pattern only serves to exacerbate the shortage of affordable long term rental and for sale units.”

Stephen, who is a senior associate and architect with Commonwealth Architects, concluded the email with these words: “Like many other associations here in Richmond, we see the principal residence requirement and stepped up enforcement of STR regulations as the best available safeguards against hundreds and potentially thousands of housing units becoming unavailable to renters and homeowners in our residential neighborhoods. For those STR operators wishing to operate on R-zoned property that is not their principal residence there are other available methods including Special Use Permits, which will allow Planning to control the over-saturation of STR’s in various neighborhoods. We therefore urge you to vote to require the PRR in all R-zones to preserve current and encourage future long-term housing opportunities in our neighborhoods.”

Second District Councilwoman Katherine Jordan recently wrote this about proposed zoning changes: “I strongly believe that this is a step backwards . . . the primary residency requirement helps limit speculative purchasing of long term housing, and mitigates the impacts of short term rentals on our housing affordability crisis. Support for maintaining the requirement was overwhelming in the public feedback received over the past year of engagement on the three big proposed zoning ordinances.”

But Ann-Frances Lambert, who represents the bulk of Northside, had a different take. Speaking at a recent Planning Commission meeting, here’s what she had to say: “Not only am I the Third District Council representative, I’m also a business owner, I’m a land owner,  property owner, also Airbnb host in a commercial building. I ask you guys that we can have some more time to really look at this STR proposal. The simple fact is that like some folks have said there’s some answers we don’t have. Especially on how we operate this STR, especially full-time STR operators.” 

“I do not agree that this is taking away from the housing stock. I believe that it is helping the housing stock,” she went on to say.