Code of the District of Columbia

§ 30–201.08. Requirements for booking services.

(a)(1) A booking service shall permit a host to provide a prospective guest with the short-term rental license endorsement number for a short-term rental before booking.

(2) A booking service shall not book a short-term rental in the District of Columbia within 5 business days upon notice from the Department that the license endorsement for the short-term rental has been suspended or revoked.

(3) A booking service shall not book a short-term rental that was the subject of notice provided pursuant to paragraph (2) of this subsection, until notified by the Department that the license endorsement for that short-term rental has been reinstated.

(4) A booking service shall not book a vacation rental for more than 90 nights cumulatively in a calendar year, unless the Department has transmitted to the booking service a notification that the host has received an exemption pursuant to § 30-201.06(f). For the purposes of complying with this paragraph, a booking service may assume that an accommodation is a vacation rental if the license provided by the host has a "Short Term Rental: Vacation Rental" endorsement.

(b)(1) A booking service shall submit to the Department a report itemizing transactions for which the booking service charged or received a fee for short-term rentals in the District.

(2) The report shall include the following information for each transaction:

(A) The name of the host who provided the short-term rental;

(B) The physical address of the short-term rental;

(C) The "Short Term Rental" or "Short Term Rental: Vacation Rental" license endorsement number of the short-term rental;

(D) The url at which the short-term rental is listed;

(E) The dates for which each transient guest procured use of the short-term rental using the booking service;

(F) Whether the short-term rental was booked as a vacation rental;

(G) The rate charged for each short-term rental stay; and

(H) Any other information deemed necessary by the Department and prescribed through regulations.

(3) The report shall be submitted in a time, manner, and form established by the Department, which may include electronic submission in a format established by the Department.

(4) The report shall be submitted on a monthly basis, or less frequently as determined by the Department.

(c) Information submitted to the Department pursuant to subsection (b) of this section shall be considered confidential and shall not be subject to disclosure under subchapter II of Chapter 5 of Title 2; provided, that the Office of the Chief Financial Officer and the Office of the Attorney General, may inspect the information for enforcement purposes.

(d) A booking service shall retain records of all short-term rentals in the District for 2 years.

(e) A booking service shall obtain from each host consent to provide the information described in this section to the Department. Obtaining lawful consent may consist of providing notice to the host that use of such booking service constitutes consent to the Department disclosure. It shall not be a defense to a violation of this section that the booking service did not obtain consent.

(f) A booking service shall collect and remit on behalf of hosts all required transient occupancy taxes, as provided under § 30-201.06(d).


(Apr. 25, 2019, D.C. Law 22-307, § 108, 66 DCR 898.)

Applicability

Applicability of D.C. Law 22-307: Section 15 of D.C. Law 23-68 repealed § 301 of D.C. Law 22-307. Therefore the creation of this section by D.C. Law 22-307 has been implemented.

Applicability of D.C. Law 22-307: Section 6(b) of D.C. Act 23-165 repealed, on an emergency basis, § 301 of D.C. Law 22-307. Therefore the creation of this section by D.C. Law 22-307 has been implemented.

Applicability of D.C. Law 22-307: § 301 of D.C. Law 22-307 provided that the creation of this section by § 108 of D.C. Law 22-307 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.