2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 6 - SHORT-TERM RENTAL UNIT ACT (§§ 13-7-601 — 13-7-606) › Section 13-7-602 - Part definitions

As used in this part:
(1)
"Effectively prohibit" means a local governing body acts or fails to act in a manner that prevents a property owner from using the owner's property as a short-term rental unit after reasonable compliance with generally applicable local laws;
(2)
"Generally applicable local law" means an ordinance, resolution, regulation, rule, or other requirement of any type other than zoning enacted, maintained, or enforced by a local governing body that applies to all property or use of all property and does not apply only to property used as a short-term rental unit;
(3)
"Local governing body" means the legislative body of a city, municipality, county, or other political subdivision of this state that has authority to enact a zoning ordinance, resolution, regulation, rule, or other requirement of any type regarding land use in its jurisdiction;
(4)
"Prohibit" means to forbid or ban the operation of short-term rental units, either permanently or temporarily, within a local governing body's jurisdiction, portion of the local governing body's jurisdiction, or a portion of an owner's property;
(5)
"Property" means a tract of land as recorded with the register of deeds office of the county where the property is located;
(6)
"Provider" means any person engaged in renting a short-term rental unit and includes an owner of a residential unit that is made available through a vacation lodging service as that term is defined in §
62-13-104
;
(7)
"Residential dwelling" means a cabin, house, or structure used or designed to be used as an abode or home of a person, family, or household, and includes a single-family dwelling, a portion of a single-family dwelling, or an individual residential dwelling in a multi-dwelling building, such as an apartment building, condominium, cooperative, or timeshare;
(8)
"Short-term rental unit" or "unit" means a residential dwelling that is rented wholly or partially for a fee for a period of less than thirty (30) continuous days and does not include a hotel as defined in §
68-14-302
or a bed and breakfast establishment or a bed and breakfast homestay as those terms are defined in §
68-14-502
;
(9)
"Transferred" means:
(A)
An interest in real estate was conveyed on or after May 17, 2018; and
(B)
The conveyance is exempt from the recordation tax pursuant to §
67-4-409(a)(1)(C)(i)
(a)
, (v), and (vii); and
(10)
"Used as a short-term rental unit" means the property was held out to the public for use as a short-term rental unit, and:
(A)
For property that began being held out to the public for use as a short-term rental unit within the jurisdiction of a local governing body that required a permit to be issued or an application to be approved pursuant to an ordinance specifically governing short-term rental units prior to using the property as a short-term rental unit, a permit was issued or an application was approved by the local governing body for the property; or
(B)
For property that began being held out to the public for use as a short-term rental unit within the jurisdiction of a local governing body that did not require a permit to be issued or an application to be approved pursuant to an ordinance specifically governing short-term rental units, the provider remitted taxes due on renting the unit pursuant to title 67, chapter 6, part 5 for filing periods that cover at least six (6) months within the twelve-month period immediately preceding the later of:
(i)
May 17, 2018; or
(ii)
The effective date of an ordinance, resolution, regulation, rule, or other requirement by a local governing body having jurisdiction over the property requiring a permit or an application to be approved pursuant to an ordinance specifically governing short-term rental units.
Amended by 2020 Tenn. Acts, ch. 787, s 5, eff. 7/15/2020.
Added by 2018 Tenn. Acts, ch. 972, s 1, eff. 5/17/2018.