Airbnb and FHA Condominium Approval
One of the topics on HUD’s agenda for the roundtable session last month was that of “Airbnbs”. I have to admit that even with all of the condominiums that we have worked with, this was a new concept for me. None of the legal documents of our condominium clients had any such language in them.
In case this is new to you, Airbnb is when unit owners allow overnight guests or trading of units on a temporary basis. We understand that this is more common in areas where unit owners can provide an alternative to hotels in resort areas or for large events such as a university graduation.
Airbnb is a topic for discussion for HUD because this falls into the category of transient leasing, which is prohibited by the National Housing Act. A home, whether it be a single family home, 2- to 4-family home or condominium unit, may not allow leasing for a period of less than 30 days. Therefore if the condominium consists of Airbnb units, the project is not eligible for FHA project approval or FHA-insured loans.
The obvious dilemma here: how can it be determined if unit owners are offering their units in this manner? This is what HUD has to consider and I would expect an official notice on this topic to be released in the near future.
HUD had a similar issue when it was reviewing transient leasing back in 2013. It ruled that if the documents are silent or have a minimum leasing term of more than 30 days, it was eligible. If the legal documents had a minimum leasing term of less than 30 days or provided exemptions to the minimum leasing period, the condominium may still be eligible for FHA approval but would require additional paperwork.
Top Photo Credit: (c) Can Stock Photo / urose