Breckenridge Passes “Responsible Agent” Requirement for Short Term Rentals
On August, 28, 2018, the Breckenridge Town Council conducted a public hearing as part of its second reading of an ordinance, designated as Council Bill No. 20. The Council’s enactment actually includes the Ordinance itself as well as a set of accompanying Administrative Regulations. The Ordinance and Administrative Regulations apply to any accommodation unit rented for a period of less than 30 days. As a result, it focuses exclusively on short term rental properties in the Town of Breckenridge. After hearing public comment, the Town Council unanimously passed the Ordinance, and it will become effective on January 1, 2019.
Breckenridge Responsible Agent
As part of several new requirements that the Ordinance and Administrative Regulations impose, the Town of Breckenridge now requires that each short term rental owner appoint a “Responsible Agent”. The Responsible Agent may be a management company, rental agent, or individual. The Ordinance sets forth the following general responsibilities for the Responsible Agent:
[The] responsible agent, or such person’s employee or designee, shall be available twenty four (24) hours per day, seven (7) days per week, to respond (as defined in the administrative rules and regulations) to any complaint filed with or through the Town, or a website provided by the Town for such purpose, about the operation or condition of the licensee’s accommodation unit. Such responsible agent shall respond to a complaint within sixty (60) minutes of receiving notice of such complaint. The responsible agent’s failure to respond to a complaint as required by this Section is chargeable to the Owner….
The Ordinance also permits the short term owner to name an “Alternate Responsible Agent”, if they’d like. An alternate responsible agent is “a management company, rental agent, or individual who has been identified… as the [owner’s] alternate responsible agent to act for the licensee if the responsible agent, for any reason, is not successfully contacted (spoken to in person by phone) by the Town in response to a complaint.”
The Town provided more detail regarding the duties of the Responsible Agent in its accompanying Administrative Regulations. The purpose of the Responsible Agent is “to have a person who will act as a local contact for the accommodation unit and who will promptly address the needs of guests occupying the accommodation unit, and who will also respond to any complaint concerning the use or occupancy of the accommodation unit as required by these regulations.” As a result, within 60 minutes of having received a complaint at any time of day or night, a Breckenridge Responsible Agent “may initially respond to a complaint by contacting the renter of the accommodation unit, by telephone, other electronic form of communication, or in person, and requesting the renter to take such action as is required to eliminate the problem that was the subject of the complaint.” However, the Administrative Regulations then state that “a proper response to a complaint may also require the responsible agent… to visit the accommodation unit if such action is necessary to attempt in good faith to eliminate the problem that was the subject of the complaint.” The Administrative Regulations set forth a Complaint Procedure for the Responsible Agent to follow.
For short term rental owners who manage their own properties, the new Town Ordinance and Administrative Regulations impose new challenges. If the short term rental owner wants to name themselves as Responsible Agent, the owner will have to be on call 24 hours a day and seven days a week to potentially take complaint calls. The short term rental owner will also have to respond within 60 minutes. Finally and most importantly, depending upon the circumstances of the complaint, the short term rental owner may have to visit the property within that time-frame to attempt to resolve a complaint. The Town has confirmed that its complaint call center is expected to commence on January 1, 2019.
Breckenridge Short-Term Rental License Fees
The Town of Breckenridge has posted its short-term rental license application. Starting in January 2019, issuance of licenses for short-term rental properties in Breckenridge must be accompanied by payment of a yearly administrative fee. The fee schedule is as follows:
| Unit Size | Annual Fee |
|---|---|
| Studio | $25.00 |
| 1 Bedroom | $30.00 |
| 2 Bedroom | $35.00 |
| 3 Bedroom | $100.00 |
| 4 Bedroom (or more) | $150.00 |
Health & Safety Standards for Breckenridge Short-Term Rentals
As part of Ordinance, the Town also mandated that all Breckenridge short-term rentals meet the following minimum health and safety standards at all times while the property is being occupied:
- The applicable requirements of the Town’s building and technical codes;
- The applicable requirements of any other ordinance, rule, or administrative regulation of the Town;
- The terms and conditions of any development permit issued to the licensee with respect to the accommodation unit;
- Smoke detectors and carbon monoxide detectors shall be installed in the accommodation unit and shall be operable at all times; and
- Wood-burning fireplaces and stoves in the accommodation unit shall be cleaned on an annual basis.
In order to potentially check on the condition of a short-term property rental, the Ordinance also permits the Town to request an interior inspection from the owner.
Short-Term Rental Violations
If a violation of the new Ordinance potentially occurs, the Finance Director for the Town would convene a hearing and make a determination. Penalties include the possibility of suspension or revocation of a short-term rental license.
Effective Date
The Ordinance expressly states that it will become effective on January 1, 2019. Subsequent conversations with Town staff have confirmed that Breckenridge expects its complaint call center to commence on January 1, 2019 as well.
In the most cost-effective way possible, Summit Local Agent aims to help you comply with the Town’s new Ordinance and Administrative regulations, by serving as either your Breck Responsible Agent or your Breck Alternate Responsible Agent.
