OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 299 Bill Analysis
135th General Assembly
Click here for S.B. 299’s Fiscal Note
Version: As Introduced
Primary Sponsor: Sen. Brenner
Effective date:
Carla Napolitano, Attorney
SUMMARY
▪ Limits the purposes for which townships, counties, and municipal corporations may
regulate short-term rental properties.
▪ Requires the Superintendent of the Division of Real Estate and Professional Licensing to
issue licenses to licensed real estate brokers and salespersons in an electronic format.
DETAILED ANALYSIS
Short-term rental properties
There are no statewide regulations specific to short-term rental properties under existing
law. The bill authorizes townships, counties, and municipal corporations (herein “local
governments”) to require registration of short-term rental properties and to regulate them for
the purpose of protecting public health, safety, and welfare.1 However, it prohibits local
governments from adopting or enforcing regulations, requirements, restrictions, or other
resolutions or ordinances that (1) prohibit short-term rentals, (2) create a lottery system for
eligibility of a short-term rental property, or (3) regulate short-term rentals for any other purpose
not expressly authorized under the bill.2
The bill defines “short-term rental property” as a house, apartment, condominium,
cooperative unit, cabin, cottage, or bungalow, or one or more rooms therein, that is, or are,
offered to transients or travelers for a fee for a period of 30 days or less, regardless of whether
amenities, including meals, daily housekeeping, concierge services, or linen services, are
1 R.C. 5325.01(B).
2 R.C. 5325.01(A)(1) and (C).
September 13, 2024
Office of Research and Drafting LSC Legislative Budget Office
provided.3 It explicitly authorizes a local government to regulate short-term rental properties
with respect to any of the following:
▪ Noise;
▪ The number of individuals who may occupy a dwelling;
▪ Housing and property maintenance;
▪ Health and sanitation;
▪ Traffic control;
▪ Solid and hazardous waste and pollution control;
▪ Liability insurance covering loss or liability for transients or travelers using the property;
▪ Designation of an emergency contact and availability of the owner or the owner’s agent
within a specified distance of the property.
The bill requires that any fee associated with the registration of a short-term rental
property to be reasonable and used only for the enforcement of short-term rental regulations.4
Municipal corporations (i.e., cities and villages), charter counties, and limited home rule
townships are likely permitted to regulate short-term rental properties under their existing police
powers. The bill limits rather than expands the regulatory authority of those local governments.
Since municipal home rule authority is granted by the Ohio Constitution, the bill’s limitations
could be challenged.5 The General Assembly has broader authority to limit county and township
home rule powers, since they are derived from statute.
Real estate licenses
The bill requires the Superintendent of the Division of Real Estate and Professional
Licensing to issue licenses in an electronic format.6 Under continuing law, the Superintendent
issues licenses for real estate brokers and salespersons,7 and the form and size of licenses issued
are prescribed by the Ohio Real Estate Commission.8 Under continuing law, a licensed broker
must display a physical copy of the license in the physical office and a licensed salesperson must
email a copy of their license to the broker with whom they are associated or will be associated,
so the broker can keep it on record for public inspection.9 The bill does not seem to prohibit or
3 R.C. 5325.01(A)(2).
4 R.C. 5325.01(D).
5 Ohio Constitution, Article XVIII, Section 3.
6 R.C. 4735.78.
7 R.C. 4735.08 and 4735.09, not in the bill.
8 R.C. 4735.11, not in the bill.
9 R.C. 4735.13.
P a g e |2 S.B. 299
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
exclude any other format of issuing a license. Therefore, it seems that under the bill a license may
be issued in multiple formats, one of which must be electronic.
HISTORY
Action Date
Introduced 06-24-24
ansb0299in-135/ks
P a g e |3 S.B. 299
As Introduced