Oakland County prosecutor shares best practices for short-term rentals amid growing concerns

The Oakland County Prosecutor’s Office has issued a list best practices for short-term rental properties to help landlords ensure their properties are operating safely and responsibly.

In a news release issued on Thursday, Oakland County Prosecutor Karen McDonald said the guidelines were a direct response to concerning incidents that have occurred recently at short-term rentals in the county.

“We have had two shootings at short-term rentals in Oakland County this year,” McDonald said. “Our office is working closely with law enforcement to hold those responsible accountable. However, like any business, short-term rentals have a responsibility to their communities. These best practices are intended to help landlords be good neighbors.”

In April, police in Birmingham had to detain several people after a late night party at a short-term rental led to shots being fired at the home in the 1400 block of East Lincoln Street.

Just last weekend, a rowdy pool party in Birmingham renewed the debate over short-term rentals after neighbors said police didn’t shut it down sooner, despite reports of public intoxication, traffic backups, nudity, and cars blocking driveways. Birmingham police responded to those concerns this week, acknowledging that “the party should have been shut down earlier.”

The best practices from the Prosecutor’s Office include 10 “common-sense recommendations” for property owners of short-term rentals to avoid events like this in the future:

1. Guest identification and verification - All reservations should be made by an identified individual who is at least 21 years of age. Additionally, third-party bookings should be prohibited unless the occupying guest’s identity is verified
2. Prohibition of parties and events - Short-term rental properties should be used exclusively for lodging purposes. Parties, events, commercial gatherings, weddings or similar celebrations, and any gathering exceeding the approved occupancy limit should be prohibited
3. Occupancy limits - Maximum occupancy should not exceed two occupants per bedroom; plus two additional occupants (children under 2 may be exempt)
4. Exterior security cameras - Property owners should place security cameras at exterior entrances and exits, driveways, parking areas and publicly accessible outdoor spaces, with all cameras disclosed to guests prior to their stay. Cameras should never be installed in bedrooms, bathrooms, interior living areas or any location where there is a reasonable expectation of privacy
5. Noise monitoring - Property owners are encouraged to utilize noise-monitoring technology to measure sound levels (solely for property management and nuisance prevention purposes) without recording conversations. Additionally, quiet hours should be followed with respect to local ordinances
6. Designated local response contact - Property owners should designate a local contact for the property who is available 24/7 to address complaints from neighbors, law enforcement or local officials, and assist or remove guests when necessary
7. Property security and crime prevention - Property owners should maintain “reasonable security measures,” including adequate exterior lighting, functional locks on exterior doors and windows, and clearly visible address numbers. Owners are also encourage to use smart locks capable of generating unique access codes for each reservation
8. Reservation screening - Property owners should maintain procedures to identify potentially high-risk reservations and consider denying reservations for false or incomplete guest information, refusal to provide documentation, prior violations, or evidence suggesting the property may be used for illicit activity or unauthorized parties
9. Guest rules and acknowledgment - Prior to check-in, guests should receive written notice of occupancy limits, parking requirements, noise restrictions, trash disposal procedures and visitor limitations, as well as the consequences for any policy violations
10. Cooperation with law enforcement and regulatory authorities - Landlords should cooperate with requests from law enforcement and regulatory agencies, including keeping registration and licensing up-to-date, providing emergency contact information to authorities, retaining reservation records, and taking corrective action when violations occur

Though municipalities have the right to decide short-term rental ordinances for themselves, McDonald says the guidelines — based on recommendations implemented by other communities across the country — are simply intended as a framework to help landlords and city officials keep neighborhoods safe.

The recommendations are not legally binding and are intended for guidance purposes only.