SB 336 disregards neighbors’ rights
Kill MT Senate Bill 336. This bill seeks to redefine short-term rentals (STRs) as residential, non-commercial property use, disregarding neighbors' rights, undermining local control and threatening public safety.
While framed to protect private property rights, SB336 ignores the rights of those living next to STRs, who deal with constant turnover, noise and erosion of community. Everyone has the right to peaceful enjoyment of their home—not just those profiting from STRs.
This bill undermines existing private covenants and HOA rules protecting neighborhoods. Many HOAs restrict commercial use that SB336 would override, rendering them unenforceable and increasing litigation.
MT Supreme Court has already ruled STRs are commercial, not residential. SB336 attempts to erase that by redefining commercial activity as residential use. “Reside” implies long-term occupancy—voting, paying taxes, contributing to a community. STRs are temporary and transactional and do not establish residency.
SB336 mandates that if STRs are allowed in one part of a zoning district, they must be allowed everywhere, eliminating zoning nuance. This contradicts zoning’s purpose: managing land use thoughtfully based on context.
Supporters claim STRs help with rising property taxes, but SB336 benefits STR investors, not affordability. Lawmakers should instead consider taxing commercial STRs to reduce property tax burdens.
I urge lawmakers to reject SB336. We deserve clear, honest laws and the right to shape our communities.
Maragaret Gilbert, Whitefish