Airbnb has become an increasingly popular way for people to find accommodations when traveling. As the sharing economy continues to grow, many visitors to Atlanta are interested in staying in an Airbnb rather than a traditional hotel. However, regulations surrounding short-term rentals like Airbnb vary from city to city. So an important question for visitors considering an Airbnb stay in Atlanta is – are Airbnbs allowed?
Airbnb Regulations in Atlanta
The short answer is yes, Airbnb and other short-term rentals are legal in Atlanta. However, there are some regulations in place that hosts must follow. Here’s an overview of the rules:
- Airbnb rentals for less than 30 consecutive days are permitted in residential areas.
- Hosts must obtain a business license and pay hotel/motel taxes.
- There are some restrictions on the type and location of rentals allowed.
The city of Atlanta passed an ordinance in 2017 to officially legalize and regulate short-term rentals. This was in response to the rapid growth of Airbnb and similar platforms. The ordinance aims to allow residents to benefit from home sharing while also addressing concerns like noise, parking, and zoning.
Permit and Tax Requirements
One of the key requirements under Atlanta’s ordinance is that Airbnb hosts must obtain a business license and pay the same taxes as hotels and motels. This includes:
- 8% hotel/motel tax
- 3% excise tax
- $5 per night booking fee (covers licensing and regulation costs)
Hosts must display their business license number on all listings and collect and remit the taxes. This helps create a level playing field with traditional lodging providers.
Type and Location of Rentals Allowed
The city ordinance places some limits on the types and locations of short-term rental units:
- Entire home or apartment rentals are permitted citywide.
- Rentals of individual rooms are allowed in all residential zoning districts.
- In multi-family buildings, the owner must obtain consent from the condo/coop association.
- Rentals are prohibited in basement apartments and carriage houses.
In addition, all rentals must meet safety requirements like smoke detectors, fire extinguishers, and proper egress. Units in multi-family buildings are also subject to any rules set by the condo or coop association.
Occupancy Limits
Airbnb listings in Atlanta must comply with the following occupancy limits based on the size of the rental unit:
| Size of Rental Unit | Maximum Occupancy |
|---|---|
| 0-1 bedroom | 2 guests |
| 2 bedrooms | 4 guests |
| 3 bedrooms | 6 guests |
| 4 bedrooms | 8 guests |
| 5+ bedrooms | 10 guests |
Going over occupancy limits can result in fines for hosts. The number of bedrooms is based on county tax records.
Parking Requirements
Sufficient parking must be provided at each Airbnb rental in Atlanta based on the number of bedrooms:
- 1-2 bedrooms: 1 parking space
- 3-4 bedrooms: 2 parking spaces
- 5+ bedrooms: 3 parking spaces
On-street parking cannot be counted toward the required spaces. And parking is not allowed in the front yard or right-of-way. The goal is to prevent issues with parking congestion for neighbors.
Noise and Nuisance Regulations
Airbnb guests are required to follow Atlanta’s noise ordinance and other nuisance laws. These rules restrict loud music, parties, outdoor noise late at night, public intoxication, and other behaviors that infringe on neighbors.
Fines can be issued both to guests and hosts for violations. And hosts can have their business license revoked for repeat violations. Neighbors can call the city’s 911 dispatch to report issues.
Accommodations Tax Registration
Another requirement is that hosts must register with the city’s accommodations tax department. This helps ensure all applicable taxes are paid. Registration can be done online and involves providing details like:
- Property address
- Number of rooms for rent
- Rental rates
- Business license number
Proof of registration must be clearly displayed on all listings.
Zoning and Building Code Compliance
Airbnb units in Atlanta must comply with all applicable building and zoning codes for their location. No special exceptions are made for short-term rentals. Some key requirements include:
- Proper certificate of occupancy
- Allowed use under zoning designation
- Compliance with building, fire, and safety codes
- Licensing if serving food or alcohol
Violations can result in fines levied against the host or even force the removal of listings found non-compliant.
Ineligible Properties
There are some specific types of rental units that are not eligible to operate as Airbnbs in Atlanta:
- Public/subsidized housing
- Income-restricted units
- Boarding houses
- Rooming houses
- Extended-stay motels
- Trailers/mobile homes
- Recreational vehicles
- Non-permanent structures
Attempting to list ineligible property types on Airbnb could result in legal action. Fines start at $500 and go up from there.
Monitoring and Enforcement
The city monitors short-term rental platforms like Airbnb to identify listings that may not comply with regulations. When potential violations are found, notices are sent to hosts requiring correction. Follow-up inspections may occur.
Failure to comply can lead to revocation of business licenses and removal of listings. Additionally, fines up to $1,000 per day can be charged for violations. This enforcement is intended to ensure hosts take the rules seriously.
Registering with the City
Hosts in Atlanta are required to register their short-term rental with the city. This involves submitting details like:
- Property address
- Business license number
- Contact information
- Proposed rental rates
- Number of rooms to be rented
Registration can be completed through Atlanta’s short-term rental website. There is no fee for registration. However, it helps the city identify compliant Airbnb operators.
Obtaining a Business License
Hosts must apply for and receive a City of Atlanta business license in order to legally operate an Airbnb. This involves:
- Submitting a business license application with details about the rental
- Paying a $75 application fee
- Passing a background check
- Providing documents like proof of insurance
Licenses must be renewed annually for a $50 fee. Having a business license helps ensure hosts understand the regulations.
Collecting and Remitting Taxes
Airbnb hosts in Atlanta are considered innkeepers and must collect and remit the same taxes as hotels, including:
- 8% hotel/motel tax
- 3% excise tax
- $5 per room per night fee
Hosts must file regular tax returns, usually monthly. This tax revenue helps fund things like the Georgia World Congress Center and city tourism promotion.
Safety and Guest Behavior Requirements
Listings in Atlanta must comply with the following safety and guest behavior rules:
- Functioning smoke detectors in each bedroom
- Fire extinguisher in each unit
- Proper ingress and egress from bedrooms and unit
- Good neighbor policies provided to guests
- No parties or events allowed
- Maximum occupancy limits enforced
Fines and license revocation can occur if issues arise. This helps ensure guest and community safety.
Displaying the Business License Number
Airbnb hosts in Atlanta must prominently display their city-issued business license number on all listings. This helps regulators and prospective guests verify compliance. Specifically:
- The license number must be displayed on the listing title image or first image
- It should appear on any listing description page/section
- Displaying the number in photos helps avoid removal of listings
The license number proves the unit is properly registered and regulated. Missing or incorrect numbers can lead to penalties.
Restrictions in Multi-family Buildings
Airbnbs in condos, coops, and apartment buildings in Atlanta may face additional restrictions set by owners associations. These can include things like:
- Limits on the number or percentage of short-term rentals allowed
- Minimum night stays
- Noise limits
- Guest screening procedures
- Requirements to notify the association
Host must comply with any relevant association rules in addition to the city regulations.
Penalties for Violations
Violating Atlanta’s short-term rental ordinance can result in the following penalties:
- Fines from $500 to over $1,000 per day
- Potential suspension or revocation of business license
- Forced removal of non-compliant listings
- Issuance of citations requiring court appearances
- Criminal prosecution in serious cases
Enforcing fines and penalties helps maintain compliance and a level playing field.
Monitoring Platforms for Listings
Code enforcement regulators in Atlanta routinely monitor rental platforms like Airbnb to identify listings that may not comply with regulations. Typical monitoring methods include:
- Data analysis to identify frequently rented entire home listings, which receive extra scrutiny
- Cross-referencing listed addresses against business license records
- Checking license numbers displayed on listings
- Looking for obvious legal violations in listing details
Follow-up investigations occur when potential issues are identified. The goal is to improve compliance across platforms.
Legal Uses of Airbnb Income
Airbnb hosts in Atlanta have some options for how to legally use the income generated from short-term rentals:
- Saving or investing the extra income for retirement or other goals
- Using proceeds to fund home improvements or maintenance
- Putting the money toward travel, entertainment, or other personal spending
- Paying down existing debt like student loans or credit cards
- Offsetting the cost of primary housing expenses like rent or mortgage
Of course all applicable taxes must be paid on Airbnb earnings. Overall, hosts have flexibility in usage as long as activities are lawful.
Landlord Approval
Renting out rooms or units on Airbnb requires approval from landlords in some situations in Atlanta:
- Tenants in single-family homes or duplexes generally need landlord permission
- In larger apartment buildings, short-term rentals may be prohibited altogether
- Condo association approval will be needed in most cases
- Homeowners associations often restrict or govern short-term rentals
Tenants should carefully review their lease terms before listing on Airbnb to avoid violations. Fines and eviction are possible consequences otherwise.
Conclusion
Airbnb and other short-term rental platforms provide a popular lodging option for visitors to Atlanta. Hosting can also serve as a good income stream for city residents. However, regulations are in place to help protect neighborhood quality of life and a level business playing field.
Key takeaways for prospective hosts include obtaining a business license, remitting taxes, meeting safety codes, complying with condo rules, and avoiding ineligible properties. Overall, Airbnb remains legal and widely used in Atlanta with proper adherence to the city’s ordinance.