AFP - Private Property Rights

Episode Transcript

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(00:24):
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Speaker 1 (01:02):
Seven thirty here fifty five KRCD talk station. Happy Wednesday.
Always look forward to talking to Donovan and Neil from
Americans for Prosperity. Donovan, Welcome back to the fifty five
KRC Morning Show. It's good to have you on as always, Brian,
always a pleasure to be with you midweek. I'm gonna
struggle with this one a little, just a little bit.
My libertarian philosophy and principles agrees with you wholeheartedly on

(01:23):
your support for House Bill one oh nine and Center
Bill one o four, which you'll explain to my listeners
here momentarily. But you know, I live in a neighborhood
and I would be really unhappy if one of my
neighbors started renting out their home on a regular basis
to as an airbnb, the guests coming in and out
and flowing in and out. I know some neighborhoods have
had problems. The guests quite often can be disrespectful. Maybe

(01:46):
they're on vacation, they're in a party atmosphere, so on
a Tuesday night at midnight, they're out in the backyard
drinking beer with music going on, that kind of thing,
And some neighborhoods say, you know, no, that's not what
we are looking for in our neighborhood. So you got
your neighborhood collectives sitting down and creating rules. Mean you've
got a homeowners association, and so they try to ban
these things from happening. But that limits the freedom of

(02:09):
a property owner to see to do what with their
property what they see fit. So I'm kind of struggling
with the balance of these things. What specifically does house
built one O nine and center built on one of
four propose for the entire state of Ohio in terms
of this this this short term rental market, Donovan.

Speaker 4 (02:30):
Yeah, yeah, absolutely, And the concerns you shared to Brian
are what a lot of folks, legislators, folks around Caps
Square here frequently get it. What this legislation would do though,
is well, we'll back up one thing the state does
well when we talk about regulations and red takes. I've
been on your show and we talk about that a lot. Yeah,
we talk about regulations. One thing the state of Ohio

(02:52):
where states in general can do well and where their
proper role in serving regulations exist is creating a clear,
sise framework for how an industry can operate. And so
when we look at the short term rental industry. One
of the things that the state has failed to do
in recent years is airbnbs or verbos have emerged, is

(03:14):
create a clear framework that these can exist within. And
so what you've ended up with is where we are today,
where you have a patchwork quilt of different rules and
regulations depending on the city, community or locality, with different seas,
different zoning requirements. And so when an individual wants to

(03:34):
exert their very simple constitutional right of using their property
as they wish, in this case renting it out through
a platform like Airbnb, this legislation would make it clear
that in the state of Ohio you can do that,
and here are the handful of rules and requirements that
have to be put into place in order to do that,

(03:54):
while protecting individual property owners from local governments subdivisions that
might say, hey, we're going to create an exorbitant fee.
We may not be able to ban it out right
going and create an exorbitant fee sentem one oh nine.
This legislation from Sander Brenner would keep local political subdivisions
from being able to do that. When it comes to

(04:15):
the concerns around new sense or noise right. But what
we point to is those laws already exist on the
books and creating new exorbitant fees or red tape or
more regulations or o outright telling an individual what they
can and can't do with their own property. We think
folks need to enforce those existing laws that already are

(04:36):
on the books to address when those situations arise.

Speaker 1 (04:42):
Well, you know, I guess someone's out there making the argument. Well,
you know, it's like we always we favor local government
because one size doesn't fit all. I hate to being
told what to do by people in DC who have
no connection with my local community. City Council's City of
Cincinnati impose the Connected Communities these zoning rules on all
of the neighborhoods in the City of Cincinnati in spite

(05:03):
of the fact that some of those neighborhoods didn't want it.

Speaker 2 (05:05):
Some did.

Speaker 1 (05:06):
They imposed their will on Hyde Park in terms of
zoning by allowing a variance from the Connected Communities program,
in spite of the fact that the will of the
citizen there was to say no to that. So, you know,
local control is I think favored by most people, and
so that your township is different from the other township.
If you don't like it, maybe vote those town those
trustees out of office and put it in a new

(05:26):
batch of trustees, or if your neighborhood homeowners association, you know,
reflects the will of the neighborhood, at least it's supposed to,
that's what the neighborhood wants. So I struggle with that
just you know, conceptually, what is the extent or to
what degree does house built one to nine centeble want
to four control that kind of thing. So let's let's

(05:46):
talk about, you know, the specifics of it, the general
terms and conditions that are going to be in place
in Ohio.

Speaker 2 (05:52):
These passed.

Speaker 1 (05:53):
We'll bring Donovan O'Neil for Americans for Prosperity back to
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Fifty five KRC Channel Night says this about the weather.

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Pattiskys today for the most part Scattered storms are possible
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According to Channel nine, seventy seven is going to be
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Speaker 1 (08:02):
Head seven thirty nine, fifty five KRCD Talk Station, Happy
Wednesday to you, Part Thomas with Americans for Prosperities, don
On and Neo going through the uh oh, the pros
and cons of that. Pardon me, Donovan and my listening audience.
I'll spill one nine cent one four designed to limit
the ability well to free up more like the ability

(08:24):
to provide you with the opportunity of short term rental
Airbnb kind of concept now, and I get your argument.
So moving aside in a way from the whys and
the wherefores whether local is better than a whole one
size fits all approach for the state of Ohio. To
what extent do these bills control short term rentals? What,
what are the specifics on it? And how much flexibility

(08:46):
do they continue to allow for local communities to control
some aspect of short term rentals.

Speaker 4 (08:53):
Yeah, what it would do is it would prohit what
would preempt local governments from outright prohibiting short term rentals.

Speaker 5 (09:01):
So folks would be able.

Speaker 4 (09:02):
To here in the state of Ohio go on a
platform like Airbnb or Verbo and list their property or
a room within their property for guests who want to
visit and have that local experience. It would it would
preempt folks. One of the ways local governments have done
this in other states have created.

Speaker 5 (09:22):
A lottery system.

Speaker 4 (09:23):
So it says only a certain number of people each
year can list their property. It would say, no, you can't.
You can't come up with a creative lottery mechanism to
prohibit these, You can't use zoning laws. You can't restrict
the number of units. One of the things we find,
and you look at some of the testimony, dozens of
pieces of testimony, there are a few folks in there

(09:43):
who talk about how they've taken a few different dilapidated properties,
they've invested in them and built their own small local
business right providing short term rentals in communities around Ohio.
And so say you can't, you can't limit the amount
of you know, operties that.

Speaker 5 (10:00):
Someone can have in that way.

Speaker 4 (10:02):
And it also will cap the licensing fee to catch
and what I think makes sense for local and state
government here is one of the problems that exists is
it's not clear who's responsible for collecting the taxes on
these right and so what it would require is that
if they're going to the state, sort of the bargain

(10:22):
here I think, if you will, is that the state's
going to create this clear regulatory framework that these short
term rentals can exist. The responsibility is going to be
on the platform to make sure they collect the taxes
that the state has for lodging, right.

Speaker 5 (10:39):
And so what this will do is it.

Speaker 4 (10:41):
Will help while creating a clear and concise framework. It
will also help generate revenue where right now, because of
the patchwork nature of this industry in the state of Ohio,
it's unclear who's responsible and oftentimes those tax revenues go uncollected.

Speaker 5 (10:57):
So this will help.

Speaker 4 (10:59):
Not creating new taxes, is right, Brian, but just saying, hey,
the airbnb and burbos of the world have to collect
those taxes when they book these properties on behalf of
the hosts, okay, And so it helps generate tax revenue
while also creating a standard across the state of Ohio
for this industry to exist.

Speaker 1 (11:16):
All right, So it would be an analogous to Amazon
collecting whatever local tax applies when you make a purchase.

Speaker 5 (11:24):
That's a great way to look at it, absolutely.

Speaker 1 (11:26):
Okay, Yeah, I can understand that because the taxes are there,
it's a law that you have to pay them. Quite
often people don't do it, you know, But isn't it
also it's income to the home owner when they get
rental from an airbnb, so that is also income tax
that they would have to report, yes.

Speaker 4 (11:45):
And that I think we continue to remain on the
home owner and however they're set up and operating and
their relationship with their state, local, and federal tax tax agent.

Speaker 1 (11:57):
So are there any restrictions that would be allowed here?
I mean it sounds to me like it would be
unlimited in nature here. So anybody who owns property could
go to Airbnb and put their house on there and rented, period,
end of story.

Speaker 4 (12:16):
Well, and that's the idea, right, This is something that
exists long before even the finding of our country, right, Brian, is, folks,
before you had the Marriott's and the holiday Ends and
the Hyatts of the world, people would create INDs, right,
or they would provide portions of their.

Speaker 5 (12:31):
Housing to travelers.

Speaker 4 (12:34):
And what we're finding, right is, rather than having you know,
folks just listing on a Craigslist or somebody knowing somebody
like you would in the olden days, you have a
safe platform like Airbnb where folks can go and there
are rules.

Speaker 5 (12:49):
To be a host and to be a renter on that.

Speaker 4 (12:51):
Platform, right, And then individuals know that when they're doing
that transaction, they're protected and part of that airbn be network.
And so I think where our opponents come down on
this in a lot of ways is they just don't
like what people do in their own backyard.

Speaker 5 (13:07):
Right It's a an enbiasm argument. But at the end
of the.

Speaker 4 (13:10):
Day, you know, if you're invested in a property and
you're you've taken it from being a dilapidated property in
a very nice you know what used to be a
really nice part of town, and you're trying to bring that,
make it up and coming. That's where these airbnbs often occur.
They invest in their how this property, and they want
to use that property to get some return on that

(13:31):
investment by listing gone an airbnb.

Speaker 1 (13:33):
Yeah, yeah, I hear all that, and I understand that.
But you know, it's like when you buy any given neighborhood,
if there exists a homeowners association, you're going in eyes
wide open, and to own a home there. You are
part of the homeowners association, You're obligated to pay a
Homelewan's Association fee, and you're subject to whatever rules the
homeowners association has in place. Much in the same way,
if you buy in any given neighborhood, you are subject

(13:55):
to zoning restrictions, and there may be restrictions on the
type of architecturals style you can have, like in the
City of Cincinnati, apparently from going forward basis. So, I mean,
I just I wonder where the line is, where's that?
Where is that that where we approve of these type
of restrictions whatever they may be in some areas, but

(14:15):
we don't in others.

Speaker 4 (14:19):
Yeah, I'm not sure that's a good question on the
homeowners Association. I'll have to check with Senator Brenner on
that and get back to you around that if you
want to follow up there, because I think so, I'm
not sure how it deals with some of those I know,
the largest concern that comes from folks, right is noise,
safety and nuisance concerns those right, It.

Speaker 5 (14:38):
Does not preempt those, right.

Speaker 4 (14:39):
So if you've got someone out there at midnight blast
in music or jumping off of the second floor like
it's a National Lampoon's movie, right, we're not that that's
still illegal. That's still something that you know, right, the
local municipality can can oversee you.

Speaker 1 (14:55):
Right, But I think part of the neighborhood usually don't
have that going on. Your neighborhood becau if you're living there,
you're not likely to engage in that kind of activity
because you're in the pissing off your neighbors and you
make a bad neighbor and then you're that guy. So
this sort of relationship effect, and I know someone out
there is going, yeah, well you should hear my neighbor.
We deal with them all the time, and I know
there's always people like that, and you can call the

(15:16):
cops on them, but there's a certain element of that
sort of the neighborhood feel, the fact that you're always
going to be living next to that person, so you're
not likely to engage in that kind of activity. That's
not the case with renters. They don't care who lives
next door. I'm here, I'm paying for it, I'm going
to do whatever the hell I want. So it just
increases the likelihood that that that that happening.

Speaker 4 (15:36):
Sure, sure, well, I think that's I mean, I think
that's a risk that comes with this, But I think
the larger argument of defending defending somebody's ability to have
their property and do what they wish with their property
outweighs that potential.

Speaker 5 (15:53):
Albeit I'm sure everyone.

Speaker 4 (15:55):
Has a story where they could point to Yeah. At
the end of the day, though, we have the right
to life, liberty and property. Right. Yeah, life, liberty, and
pursuit of happiness. And that's what this legislation does, is
it descends that right for you or I are one
of our neighbors to rent our property out and do
so in a safe, regulated environment where we can have

(16:18):
the confidence of being able to do that and not
being preempted by a local city council member who just
doesn't like this industry fair enough.

Speaker 1 (16:28):
It just it raises some interesting, you know, worthy of
exchange topics. Normally you and I are on exactly the
same page. I'm just throwing out these, uh this sort
of against my natural inclination to be completely on board
with you. Just the practical realities of having a neighbor
that is constantly renting their house out to strangers every
single day, and I know that poses some some challenges

(16:49):
for folks along my my lines, which really do believe
in my right to do with my property what I
what I believe to do, what I'm entitled to do.

Speaker 2 (16:58):
House Bill one cent up Bill one oh four.

Speaker 1 (17:02):
You can feel free to get in touch with your
elected official to get it out of committee and get
it up for a vote. Is there a website you
want to refer our listeners to Donovan? There always is.
People can get engaged by going to Buckeye Blueprint dot com.
There you are Fuckey Blueprint dot Com. Donovan love the
conversation as always, keep up the great work at American

(17:23):
Americans for Prosperity and folks get hooked up with Buckeye
Blueprint dot Com.

Speaker 2 (17:26):
We'll talk again soon, Donovan. Great to have you back.

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