MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Accountability, Efficiency, Transparency

By: Senator(s) Hill

Senate Bill 2693

AN ACT TO EXPRESSLY PREEMPT TO THE STATE THE REGULATION OF VACATION RENTALS; TO PROHIBIT CERTAIN LOCAL LAWS, ORDINANCES OR REGULATIONS PERTAINING TO VACATION RENTALS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  Except as provided in this section, the regulation of vacation rentals, including, but not limited to, inspection, licensing and occupancy limits, is expressly preempted to the state.

     (2)  A local law, ordinance or regulation may regulate activities that arise when a property is used as a vacation rental, provided such regulation applies uniformly to all residential properties without regard to whether the property is used as a vacation rental, or a long term rental subject to Chapter 8 of Title 89, Mississippi Code of 1972, or whether a property owner chooses not to rent the property.  However, a local law, ordinance or regulation may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals.  A local law, ordinance or regulation may not permit or require the inspection or licensing of vacation rentals as such regulations are expressly preempted to the state and provided in this section.

     (3)  As used in this section, the term "vacation rental" means any individually or collectively owned single-family house or dwelling unit, or any unit or group of units in a condominium, cooperative or timeshare, or owner-occupied residential home, that is offered for a fee and for thirty (30) days or less.  Vacation rental does not include a unit that is used for any retail, restaurant, banquet space, event center or another similar use.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2019.