Short-term rentals in Englewood, explained properly.

EMC 5-31-2(B) lists these four classes as ineligible. An owner is a person at least 18 years old or an entity listed on the title as found on the current Arapahoe County deed of record, including trustees and beneficiaries, members of LLCs and anyone with an ownership interest in an entity owner (EMC 5-31-1(A)).

EMC 5-31-5(A) states that an ADU may be utilized as an STR and that an STR License will issue for an ADU or the primary structure, but not both. The accessory dwelling unit rules in Title 16 (EMC 16-5-4(C)(7)(b)) were not read.

EMC 5-31-3(A)(5) requires the affidavit with every application. Affidavits must be on the City form, signed under penalty of perjury and notarized by a Colorado licensed notary (EMC 5-31-3(D)).

Under EMC 5-31-4(A) the owner must show conditions peculiar to the property or owner that do not apply generally to all STRs (examples: property in commercial or medical/wellness districts, owned and managed by a medical facility, or adjacent to one for rental in support of patient care), and alternate effective means of oversight and compliance such as a noise monitoring device or a medical facility affidavit, and that the STR will not alter the essential character of the area. The order sets the waiver's effective date, duration and conditions (EMC 5-31-4(B)); any interested party may ask for a rehearing within 30 days on new evidence (EMC 5-31-4(C)). The application documents in EMC 5-31-3(A)(2)(b) and (c) may also be waived if compliance is legally impossible, on appeal to the Board.

After the inspection fee is paid, the applicant completes and submits an initial premises compliance and safety check on the City form; the City then inspects and issues a certificate of inspection for compliant STRs, and a reinspection with a fee may be required (EMC 5-31-5(E)). The City gives at least three days' notice of an inspection unless the owner asked for it (EMC 5-31-9(B)). The inspection fee amount was not read.

EMC 5-31-5(B). The maximum occupancy must be displayed in every listing and posted inside the STR (EMC 5-31-8(B), 5-31-6).

EMC 5-31-5(C).

EMC 5-31-5(D). Noise: an owner may not allow a renter to violate applicable law at the STR, including the maximum noise levels in EMC 6-2-8 (EMC 5-31-5(H)).

This is a requirement for the property plan submitted with the license application (EMC 5-31-3(A)(7)). The number of parking spaces available to renters must appear in every listing and the parking locations must be posted inside the STR (EMC 5-31-8(B), 5-31-6).

EMC 5-31-3(A)(4). Failure to maintain the insurance condition causes automatic revocation of the license (EMC 5-31-7(A)(4)).

EMC 5-31-5(G). More extinguishers may be required during the premises inspection.

EMC 5-31-5(I).

EMC 5-31-8(B) applies to every hosting platform and license holder on every effort to solicit a renter or list or advertise an STR.

EMC 5-31-6 lists the items, including fire and water restrictions in place and fire evacuation routes.

EMC 5-31-8(C). The City must make a list or map of licensed STRs publicly available, with lists of licenses suspended or revoked, orders to comply (unless dismissed) and citations (EMC 5-31-8(D)). The City has the right to inspect the STR and all records about it at any reasonable time (EMC 5-31-3(A)(3)).

On a finding or admission of guilt in a criminal prosecution, the court must order compliance and impose minimum fines of $500 for a first violation, $1,000 for a second and $1,500 for third and later violations, plus the City's costs; fines and costs can be collected by lien on the property (EMC 5-31-9(D)). Owners are strictly liable for compliance (EMC 5-31-9(A)). A hosting platform that lists, advertises or takes payment for an unlicensed STR pays a minimum administrative penalty of $1,000 per violation per day (EMC 5-31-8(A)). Operating without a valid license allows the City to suspend the Certificate of Occupancy for the shorter of 10 days or the issue of a license; if the property is occupied during the suspension, an administrative penalty applies per night occupied equal to the greater of the renter's payment for that night or $100, plus the suspension fee (EMC 5-31-9(E)).

Automatic revocation (EMC 5-31-7(A)): written surrender; change of STR ownership of more than 10%, unless the new owners' STR License application is pending; expiration of a license or primary residence waiver without a renewal application before expiration; failure to maintain any condition required to obtain the license, including primary residence and insurance. Suspension (EMC 5-31-7(B)): failure to notify the City within 10 days of a change in contact information, to allow access or timely ask to reschedule an inspection, to pay the reinspection fee, or to request a hearing or inspection or comply with a written order to comply. The Licensing Officer may deny an application or renewal if the property violates any EMC provision (EMC 5-31-7(C)). No STR or owner is eligible for a license for at least 18 months after revocation for fraud or misrepresentation, a willfully created dangerous condition, failure to maintain primary residence if required, two suspensions in 12 months, or three orders to comply in 12 months, unless dismissed after hearing or appeal (EMC 5-31-7(D)). Any denial, suspension, revocation or other decision may be appealed under Chapter 1 of Title 5 (EMC 5-31-7(E)). The Licensing Officer notifies known hosting platforms of a revocation or suspension and directs removal of the listing (EMC 5-31-7(F)).

Colorado charges its 2.9% state sales tax on the entire amount charged for rooms and accommodations. A stay may also owe local sales taxes that the Colorado Department of Revenue collects for counties and special districts, and any sales tax of a home-rule city that collects its own tax (see below).

State sales tax does not apply to a room or accommodations rented to a person who is a permanent resident of it and has a written agreement to occupy it for at least 30 consecutive days. Shorter stays are taxed.

The Colorado Department of Revenue says anyone who offers rooms or accommodations for rent must get a Colorado sales tax license and collect sales tax on taxable rentals. A seller who makes sales only through a marketplace may be exempt from licensing, collection and filing if the marketplace collects all state and state-administered local sales taxes for them. The license costs $16 (prorated) plus a $50 deposit, a separate license is needed for each business location, and licenses expire on December 31 of odd-numbered years.

For rooms rented through a marketplace (including online platforms), the marketplace facilitator must collect and remit the state sales tax and the local sales taxes the state collects, plus any county lodging tax and local marketing district tax. City taxes in home-rule cities are separate (see below).

The Colorado Department of Revenue does not administer any lodging tax imposed by a city or town, and it does not collect sales tax for home-rule cities that collect their own. Those taxes are licensed, filed and paid with the city.

Colorado counties may add a county lodging tax, regional transportation authorities a visitor benefit tax, and local marketing districts a marketing tax on rooms subject to state sales tax. County lodging and visitor benefit taxes are filed quarterly with the Department of Revenue on form DR 1485; the Department's DR 1003 publication lists the rates.