Residents, advocates lobby Whitefish City Council to crack down on illegal short-term rentals

More than a dozen people clad in yellow T-shirts marched around the entrance to Whitefish City Hall last week before calling on City Council to crack down on illegal short-term rentals in the municipality.

Their goal that evening was to implore Council to hire a short-term rental code enforcement officer, a request that was submitted to the body by city staff. Whitefish is home to 374 registered short-term rentals with upwards of another 300 operating illegally, according to city data. 

Most of the speakers were from “Housing For ___”, a housing advocacy group. Many were born and raised in Whitefish and now, as adults, are finding it impossible to continue to live in their hometown because of the cost of housing.

Local business owner Ed Docter attended the Council meeting online to voice his support for hiring a short-term rental code enforcement officer. He also expressed his gratitude for the Council and for the housing advocates.

“I’m really stoked at this public comment. I think we’re getting somewhere,” Docter said. “I think we got a call to action.”  

Kalispell resident Ron Gerson kicked off the communication from the public.

“The obstacle appears to be the implementation of [short-term rental] rules to stem the tide of illegal short-term rentals. Not enforcing the rules merely exacerbates your problem,” Gerson said. “It is greed and short-sighted self interest which drives the flouting of the rules.”

Bailey McCarvel, a First Nations person, was born and raised in Whitefish and currently lives in Kalispell. She explained how the “limited and egregiously expensive” options for housing have affected her life.

“I’m being forced to live even further outside of the place I have called home for my entire life,” McCarvel said.

Most of the speakers requested that Council enforce the existing rules around short-term rentals — and hire employees to aid in that effort — and educate the public.

Whitefish resident Ian Fleming reiterated those requests and added that councilors spoke on the campaign trail about laws the city enacted in the 1980s regarding short-term rentals, but that is not enough. 

“Forward-thinking is great, but we have to follow through,” Fleming said. “So we can have teachers, so we can have firemen, so we can have families living in our neighborhoods.”

Another citizen asked Council to prioritize residents over the out-of-state owners of second homes.

Of the 16 people who spoke about short-term rental regulation enforcement, only one, a short-term rental owner, opposed it.

Local business owner and Whitefish Community Housing Committee member Rhonda Fitzgerald said that many of the illegal short-term rentals in Whitefish used to be affordable units and with code enforcement, the hope is that they revert.

“You have authorized this enforcement officer for a number of years so it isn’t for lack of understanding how important it is,” Fitzgerald said. “But I think what people are saying is the community is at the breaking point.”

City Manager Dana Smith added that it would take time to fill the position, but the staff would soon launch the process.

“We don't have a job description written but we will go through that process,” Smith said of the short-term rental code enforcement officer.  

The position will be full-time and include resort tax enforcement as well. 

Smith said she met with a company that has software that seeks out short-term rentals. They recognized 705 short-term rentals within city limits, although they did extend the boundaries by a few hundred yards.

“It's necessary for the public to understand that it’s partially your responsibility to report these things to us so we know where [they] are,” Councilor Steve Qunell said. “It’s a complaint-driven process.”

After discussion, the council voted unanimously to authorize the hiring of a code enforcement officer to address short-term rentals operating illegally in city limits.