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Hamilton holds first reading on short‑term rental overhaul after residents raise HOA, noise and enforcement concerns

Hamilton City Council · September 11, 2024
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Summary

Hamilton City Council held a first reading Sept. 11 of amendments to Chapter 758 regulating short‑term rental licenses. Residents and investors asked for clearer enforcement, lodging‑tax treatment and protections for homeowner associations; no council vote was taken.

Hamilton City Council held the first reading of a proposed amendment to Chapter 758 on short‑term rentals at its Sept. 11 meeting, following public comments from neighborhood residents and industry representatives.

Marilyn Tunat, who said she represents 69 families in the Hickory Woods homeowners association, told the council she felt “misled” by earlier meetings and urged the ordinance to require applicants to contact HOAs before obtaining a city short‑term rental license. Tunat said the HOA has won summary judgment in related litigation and warned that renewing licenses while litigation remains pending could prolong legal costs for homeowners.

Dan Acton, who said he represents the Ohio Real Estate Investors Association in other matters, raised several technical questions about the draft ordinance, including whether lodging tax treatment would treat short‑term rentals as hotels, how noise enforcement would be codified and whether calls for service to police or code enforcement would be counted against owners. He also asked whether the ordinance’s five‑day remedy window is sufficient for complex violations and questioned a provision assigning proof‑of‑delivery of notices to owners.

Planning staff (Liz Hayden) and councilmembers said the draft attempts to balance neighborhood stability and a regulated rental market. Hayden noted enforcement mechanisms already included in the proposal: city site inspections, documented complaints submitted through the MyHamilton 311 app, and police or other calls for service that can be used to corroborate violations. She encouraged residents to document incidents (photos/time‑stamps) and file reports so staff can verify and, when appropriate, pursue fines, suspensions or revocations.

Council did not vote on the ordinance; the item had its first reading and staff said the second reading and possible vote are expected at a later September meeting. Councilmembers invited written suggestions and additional technical clarifications from residents and stakeholders before the second reading.