||| FROM LINDA BANNERMAN |||


It is time for the members of our community to demand that the planning commission and county council reject any ordinance implementing caps. Such an ordinance, especially when made in the absence of evidence, would be a failure on the part of the commissioners and the council in their responsibility to make policy legal and fair to all members of the community. The ordinance would trample on the rights of property owners. Based upon “federal constitutional grounds,” the Texas Supreme Court reminds us that, “The ability to lease property is a fundamental privilege of property ownership. The ownership of land, . . carries with it the right to . . lease it to others, and therefore derive profit.” Taking any action that limits that right should never be done lightly, but to do so without evidence of harm would be egregious.

Much misinformation has been offered us around the issues of affordable housing, neighborhood disruptions, widespread community support of caps, degradation of the environment, rising real estate prices and so on. But the community, commissioners and council have, in fact, been provided empirical evidence proving the claims of those urging caps are largely unfounded.

Let’s examine them one by one:

The evidence taken from our own community proves that capping vacation rentals would have little impact on the inventory of affordable housing in San Juan County. (See the survey of owners who report they would not flip for a variety of reasons. They also report few are affordable anyway.) Further evidence reveals there are affordable units available for renters with a clean rental history right now. (See Orcas Island Housing and Space Rentals and other such agencies.) The evidence also proves that agencies here have matched ample number of renters with units easily over the past year. It would seem the claim of a shortage of long term rentals in San Juan County has been exaggerated. Seasonal housing for workers is another issue and we would be served well by putting our heads together to find effective solutions, but it would never be solved by limiting vacation rentals, as common sense will tell you.

Those complaining of noise and nuisance in neighborhoods have offered the same few examples over and over as though this is a frequent occurrence when data shows it is not. Further, they have openly admitted they are unwilling to use the remedies already in place for their
complaints. (See sheriff reports and vacation rental owners 24/7 report numbers.) The courts remind us that curtailing rights of property owners to rent their property to control such complaints when less restrictive means exists is not warranted. (See Sumner County Chancery Court on July 30, 2021.)

Evidence shows that the members of the Vacation Rental Work Group have misrepresented to us the number of local people supporting caps by thousands in their use of a change.org “petition,” an online survey measuring the worldwide popularity of an idea and not a local nor legal petition at all. But during the public comment periods to council, equal numbers of callers opposed caps as supported them and equal numbers of signatures on letters opposing caps have been submitted. We cannot assume the voices of one group of people speaking out over and over are representative of the majority in our community.

Evidence in study after study shows that rising real estate prices are a nationwide phenomenon, unrelated to vacation rentals. A simple google search using the search term “rising real estate prices” will offer analyses about why but not one will point the finger at vacation rentals. The claim that the rise of one causes the rise of the other is a classic case of correlation, not causation.

Those advocating caps have claimed vacation rentals use more water. Once again, the facts prove otherwise. When on September 22, the EWUA Board released a statement that former General Manager Paul Kamin’s presentation regarding water use of vacation rentals given at a Vacation Rental Workgroup meeting was skewed and unauthorized, those opposed to VRs scrambled to remake the data fit their claim. But the facts stand. When I and several others at that meeting approached the organizers and asked to speak about that and other inaccuracies right then and there, we were flatly denied the right to speak. Those opposed do not want you to hear truth. The EWUA analysis shows “There is no evidence that vacation rentals are using water in excess or inappropriately,” said Tenar Hall, Board member and mathematician. “We have gone through the data extensively and have found no evidence that vacation rentals are having any
adverse effects on our water system.” Finally, we have a public statement of fact.

The commissioners, the council, and the members of our community have been seriously misled. It is time to pay attention to the data. I urge council: do not make policy that would hamper the rights of diligent, law abiding property owners their constitutionally protected right to use their property to make a modest income. The calls for caps are based on the emotional and uninformed claims of some and not on evidence.

Caps are simply not warranted by the facts.


 

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