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Dewey makes changes to residential rental license

Due date April 1, peer-to-peer rentals addressed, ACLU-friendly inspections
February 24, 2016

Story Location:
Dewey Beach, DE
United States

For many Dewey Beach property owners, filling out a residential rental license is just another part of getting ready for the summer season.

This year though, after Dewey Beach commissioners approved changes during their Feb. 13 meeting, those property owners would be well-suited to sit down and get to know the new license a little better.

Many of the changes were simply agreed upon and didn't involve much discussion.

One of the more significant changes is the date the license application is due, which has been changed from March 1 to April 1, aligning it with the town's fiscal year.

Prior to the change, Town Manager Marc Applebaum said the change would buy commissioners more time this year, and in future years if code changes needed to be reflected in the license.

The license asks for the 911–compliant address associated with the property. Appelbaum said some property owners are still giving old street addresses, which is a safety issue.

The license says subletters and individuals using peer-to-peer rental websites, like AirBnB and VRBO, are required to get a license. This is similar to the town’s stance on peer-to-peer transportation services like Uber and Lyft.

“Anybody that does business in Dewey needs to get a license,” said Commissioner Dale Cooke.

The license makes property owners aware the town has the right to periodically inspect a property, now with 21-day notice and not while the rental is occupied. This change was made following an American Civil Liberties Union request to change the previous wording that allowed a Dewey representative to enter without notice.

Inspections should not be a burden on property owners or renters, said Appelbaum.

The most discussed license item was based on occupancy limits and who falls under those limits. In Dewey, occupancy limits allow two people per bedroom plus two people, but a change to the license last year excluded children 5 and under from the occupancy count.

That exception was almost omitted this year after the commissioners in January told Appelbaum to remove it.

In the end, the 5-and-under exception stands because the the commissioners view it as family-friendly.

Mayor Diane Hanson was a strong supporter of the exception. If a couple shows up with an infant are they going to get kicked out, she asked.

Former Commissioner Anna Legates said it was the most family-friendly thing the commissioners had done in years.

The age exception was almost set at 10 and under, but commissioners changed their minds after resident Margaret Kincannon pointed out it could lead to entire Cub Scout troops or baseball teams staying at a house with the legal number of adults, and, she said, real estate agents and property owners would have little room for enforcement.

Ashleigh Hudson, Dewey town clerk, said the 2016 residential rental license should be available to property owners beginning the week of Monday, Feb. 29.

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