H 4167 General Bill, By Bailey

Similar(S 757)
 A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
 PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH
 CAROLINA VACATION RENTAL ACT"; AND TO AMEND SECTION 45-5-10, RELATING TO
 DEFINITIONS FOR PURPOSES OF SAFETY REGULATIONS FOR HOTELS, MOTELS,
 RESTAURANTS, AND BOARDING HOUSES, SO AS TO ADD PROVISIONS TO THE DEFINITION OF
 "HOTEL", AND PROVIDE THAT HOTELS, INCLUDING THOSE WITH MULTIPLE SINGLE
 INDIVIDUAL UNIT OWNERS, ARE NOT SUBJECT TO SECTION 40-57-135 AS THAT SECTION
 PROVIDES FOR HOLDING TENANTS' RENTAL TRANSACTIONS IN A TRUST ACCOUNT.

   05/26/99  House  Introduced and read first time HJ-16
   05/26/99  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-16

TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA VACATION RENTAL ACT"; AND TO AMEND SECTION 45-5-10, RELATING TO DEFINITIONS FOR PURPOSES OF SAFETY REGULATIONS FOR HOTELS, MOTELS, RESTAURANTS, AND BOARDING HOUSES, SO AS TO ADD PROVISIONS TO THE DEFINITION OF "HOTEL", AND PROVIDE THAT HOTELS, INCLUDING THOSE WITH MULTIPLE SINGLE INDIVIDUAL UNIT OWNERS, ARE NOT SUBJECT TO SECTION 40-57-135 AS THAT SECTION PROVIDES FOR HOLDING TENANTS' RENTAL TRANSACTIONS IN A TRUST ACCOUNT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Title 27 of the 1976 Code is amended by adding:

Section 27-42-10. This chapter may be referred to as the 'South Carolina Vacation Rental Act'.

Section 27-42-20. (A) This chapter shall apply to all rental management companies acting as a landlord or otherwise engaged in the renting or managing of residential properties for a vacation rental as defined herein.

(B) This chapter shall not apply to:

(1) lodging provided by hotels, motels, tourist camps, or campgrounds subject to regulation under Title 45, including hotels or motels with multiple owners owning individual units or groups of units that rent units on a daily basis or longer, have a twenty-four hour on-site front desk for customer service, have a centralized telephone system, and provide daily housekeeping service at no additional charge;

(2) any vacation timesharing accommodation as defined by Section 27-32-10(7) and (8).

Section 27-42-30. For the purposes of this chapter, the following definitions apply:

(1) 'Residential property' means any apartment, condominium, single family home, townhouse, cottage, or other property devoted to residential use or occupancy by one or more persons for a definite or indefinite period.

(2) 'Rental management company' means any licensed property manager-in-charge or broker-in-charge and their associates who manage vacation rentals.

(3) 'Vacation rental' is the lease, sublease, or other rental of residential property for a period of less than ninety days.

(4) 'Vacation rental agreement' means a written agreement between a landlord or his rental management company and a tenant, in which the tenant rents residential property belonging to the landlord for a vacation rental.

(5) 'Vacation rental management agreement' means a written agreement between a landlord and his rental management company, in which the rental management company manages residential property belonging to the landlord for a vacation rental.

Section 27-42-40. (A) In every vacation rental subject to this chapter, the rental management company must use a written vacation rental agreement. No such transaction is a valid or enforceable obligation of the tenant unless the tenant has accepted a vacation rental agreement as evidenced by: (1) the tenant's signature on the rental vacation agreement; (2) the landlord or rental management company's receipt of the tenant's payment of any monies; or (3) the tenant's possession of the property.

(B) A rental management company in a vacation rental agreement shall place in a trust account conforming with the requirements of Section 40-57-135 any monies received from the tenant. The rental management company may require the tenant to pay all or part of any required rent, security deposit, or other fees in advance of the tenancy. The terms of such advanced payments, which may be nonrefundable, shall be stated in the vacation rental agreement. The landlord or rental management company shall not disburse any monies from the trust account in connection with a vacation rental, except as a refund to the tenant, until the tenant has accepted the vacation rental agreement, as stated above in subsection (A).

(C) Any rental management company in a vacation rental transaction who intentionally fails to use a written vacation rental agreement commits an unfair trade practice in violation of Title 39, Chapter 5.

Section 27-42-50. (A) If, prior to a tenant's occupancy under a vacation rental agreement, the owner intends to transfer title to the property subject to a vacation rental agreement and a vacation rental management agreement, the owner shall:

(1) disclose in writing to the grantee, prior to the acceptance of the contract of sale, the name and occupancy dates of the tenant(s); and

(2) notify in writing, within seventy-two hours after ratification of the contract for sale, the rental management company of the owner's intent to sell the subject property. Within five business days following the recordation of the grantee's interest, the grantor shall notify the rental management company in writing by certified return receipt mail of the transfer, the grantee's name and address, and the date the grantee's interest was recorded.

(B) In any transaction in which an owner transfers title to a property subject to a vacation rental agreement, or vacation rental agreements, in force at the time of the recordation of the grantee's interest, the grantee shall be bound by the original terms of such vacation rental agreement including, but not limited to, the payments of any commissions and fees owed to the rental management company and shall take title subject to the rights of the tenant of such vacation rental agreement.

(C) The intentional failure of an owner to comply with this section is an unfair trade practice in violation of Title 39, Chapter 5.

Section 27-42-60. The governing body of a county or municipality may not ban or prohibit vacation rentals as defined in this chapter, unless the General Assembly has expressly authorized by general law the prohibition. This section shall not affect a county's or a municipality's authority to regulate real property under the 'South Carolina Local Government Comprehensive Planning Enabling Act of 1994' (Title 6, Chapter 29)."

SECTION 2. Section 45-5-10 of the 1976 Code is amended to read:

"Section 45-5-10. A 'hotel' as used in this chapter is an inn or public lodginghouse of more than ten bedrooms where transient guests are fed or lodged for pay in this State, including hotels or motels with multiple owners owning individual units or groups of units that rent units on a daily basis or longer, have a twenty-four hour on-site front desk for customer service, have a centralized telephone system, and provide daily housekeeping service at no additional charge. Hotels, including those with multiple single individual unit owners, are not subject to Section 40-57-135 as that section relates to holding tenants' rental transactions in a trust account.

The term 'restaurant' as used in this chapter shall include lunch counters and cafes.

The term 'transient guests' as used in this chapter shall mean one who puts up for less than one week at such a hotel.

The term 'standing water' as used in this chapter shall mean that which remains for ten days or more in a cistern, tank, or other receptacle."

SECTION 3. This act takes effect upon approval by the Governor.