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Council adopts short‑term rental code updates, declines broad estate‑transfer change
Summary
The Aspen City Council approved Ordinance 8 (Series 2025) updating short‑term rental rules — including temporary 90‑day permits, streamlined renewals, and required permit numbers in ads — while rejecting a broader estate‑transfer exemption that staff said could slow permit attrition.
The Aspen City Council on Nov. 18 approved second‑reading changes to the city’s short‑term rental (STR) regulations intended to streamline renewals, improve advertisement compliance, and add narrow transferability exemptions for divorce and death. Staff recommended adopting the ordinance without adding a broader estate‑planning transfer exemption.
Emmy Oliver, the city’s lodging and commercial court program manager, told the council the package covers six topics including two narrow transferability exemptions (divorce and death), a temporary 90‑day permit to cover reservations created by a previous owner, removal of mailed notices in uncapped zones in favor of posted notices, and a renewal acknowledgement in place of an annual HOA affidavit. "The changes in the ordinance would be effective during the renewal," Oliver said, noting staff will bring a resolution in 2026 to update STR program guidelines to match the code changes.
Councilors asked detailed questions about transferability for estate planning and whether allowing permit transfers would reduce attrition and slow access for applicants on wait lists. Staff presented two narrow options for estate planning: (1) allow the property to be transferred as a gift while keeping the permittee the same, requiring a real‑estate transfer tax exemption; or (2) allow permit transfer to a spouse or lineal descendant with at least 10% ownership and an affidavit attesting to the relationship. Oliver said staff recommended option 1 if council wanted to adopt any estate‑planning measure, but cautioned a broader change could hamper attrition.
Public commenters included Diane Spicer, an HOA manager who said the annual HOA affidavit is a useful tool to hold repeat offenders accountable; she urged keeping a role for HOAs in monitoring. "The HOA acknowledgement form ... really allows us to monitor our own people also into following those rules," Spicer said. Ben Wolf of Bridal Properties clarified that the separate safety‑inspection affidavit (smoke alarms and self‑inspection) remains required.
After discussion, the council moved and approved Ordinance 8 on second reading by roll call. The motion passed with all members recorded as voting "Yes." Staff will implement the changes during the current renewal period and return next year with the companion guideline resolution.
