VIRGINIA BEACH, Va. — Short-term rental property owners in Virginia Beach who break city rules could soon face jail time and criminal convictions under proposed changes to the city’s regulations.
City Council is scheduled to consider the amendments Aug. 12, after returning from summer recess. The proposals stem from recommendations by a short-term rental task force, which completed its review of registration processes, grandfathered properties and enforcement priorities late last year.
The most significant change would shift penalties for violations from civil to criminal. Virginia Beach Zoning Administrator Kevin Kemp said during a Resort Advisory Commission subcommittee meeting last week that criminal penalties would act as a stronger deterrent for noncompliant property owners.
The city adopted civil penalties in 2020 in hopes of streamlining enforcement, but Kemp said the approach hasn’t worked. Current fines start at $500 for a first violation and can increase to $1,000.
“A lot of owners factor it in as an operating cost,” Kemp said.
Other proposed changes include allowing Class A, B and C contractors to conduct structural safety inspections — a shift requested by Sandbridge businesses that support the rental industry. Property owners have reported difficulty finding enough licensed architects and engineers to meet inspection requirements.
Under the amendments, inspections would be required every five years instead of annually, with property owners submitting attestations in off years to confirm compliance. The rules also would mandate that a property’s posted sign include the name and contact information of its management company.
The Planning Commission recommended approval of the changes on July 9.
Parking requirements could also be eased, with one space required for every two bedrooms instead of the current one per bedroom, though a parking plan approved by Kemp would still be necessary. The proposal differs from the task force’s recommendation to limit reduced parking to grandfathered properties — those operating before 2018, largely in the Oceanfront’s North End.
“I think you’re opening a can of worms,” said task force member Nancy Parker. “We wanted reduced parking strictly for the grandfathered properties at the North End.”
Kemp said the broader change could free up spaces in city garages, where owners may lease parking annually to meet existing requirements.
“Parking at the beach is a premium,” he said.
The city has already bolstered enforcement efforts, adding three inspectors in the current budget year. The Zoning Department now has seven staff members dedicated to short-term rental compliance, the largest team in the division.
“That speaks to how important short-term rentals are to City Council,” Kemp said.
Virginia Beach currently has 2,700 registered short-term rentals, more than 400 of which are grandfathered properties.
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The city adopted civil penalties in 2020 in hopes of streamlining enforcement, but Kemp said the approach hasn’t worked. Current fines start at $500 for a first violation and can increase to $1,000.
First you have to get their attention. Make it a class 1 felony, min. 10 years at hard labor and 1$ fine