The signatures below represent interested stakeholders that are AGAINST the currently proposed change to the existing Elk Rapids Short Term Rental Ordinance:

The current ordinance recognizes that Short Term Rentals that existed PRIOR to the ordinance being adopted, have a right to continue to operate. Based on Michigan Case Law, this right runs with the property and not the owner - which means if the ownership of the home changes, the right to use the property as a short term rental continues without interruption.

The proposed change makes all licenses NON TRANSFERRABLE.  This change would effectively eliminate this  "protected right".  A new owner must go on the waiting list. With the current cap of units in place (61 STR units out of 791 homes - 7.7%). We know that these new owners would never get approved, effectively eliminating that short term rental out of existence.

This would not hold up in court. The planning commission is aware of the Michigan case law, which is backed up by multiple attorneys that specialize in this area of law, and so far they continue to proceed with making this change.

When asked why this change is being proposed since there have been no problems to date, the response is that some other towns have done this.

We see this as an attempt to redistribute or reduce the number of short term rentals in the Village.

Signatures below are NOT supportive of making a change to the ordinance at this time.