SLF Warns Glynn County, GA on Short-Term Rental Registry
ATLANTA, GA (July 29, 2020): At the request of multiple homeowners and professional groups, Southeastern Legal Foundation has reviewed a proposed Short-Term Rental ordinance draft made public by the Glynn County Board of Commissioners. SLF sent a letter to the Commissioners warning about state law prohibitions against such ordinances.
The proposed ordinance includes the requirement of a rental registry and gives the County unfettered access to property owners’ personal financial and property records without probable cause. In an effort to educate the Commission on the legal areas of concern presented in the Proposed STR Ordinance before its final vote, SLF sent the Commission the attached letter.
"The Georgia General Assembly explicitly removed Glynn County’s legislative authority to pass ordinances requiring the registration of any residential rental properties and to inspect or investigate residential rental property without probable cause. The text matters," said Kimberly Hermann, SLF General Counsel. "Although it may be tempting to try to work around the state law, we strongly urge the Commission to respect the laws of the State of Georgia."
As explained in detail in SLF’s letter, in 2003, the Georgia General Assembly eliminated the Commission’s authority to pass an ordinance requiring the registration of residential rental property. Because the County lacks the legislative authority to require a property owner to provide detailed information such as taxes, parking, occupancy, individual contact information, and ownership details, the Proposed STR Ordinance is preempted by state law. And if passed, it will be invalid and unenforceable.