Palm Springs appeals board moves to consider greater discretion in vacation rental cases

The Palm Springs Administrative Appeals Board voted last week to consider asking the City Council for greater discretion when handling vacation rental violation appeals.

The move came after a representative of a local vacation rental owners’ group urged the board during its regular meeting to formally request expanded decision-making authority from the council.

Francine McDougall, a member of the Vacation Rental Owners and Neighbors of Palm Springs board of directors (VRON), told the board that its current authority is too limited to allow it to weigh the circumstances of individual cases. 

“Treating every violation the same, regardless of intent, severity or history, undermines trust in the process,” McDougall said.

McDougall pointed to a December meeting in which the board overturned a fine and a six-month suspension against a vacation rental owner she described as having made a reasonable mistake under complicated circumstances. She said the board’s decision in that case reflected the kind of judgment and fairness an appeals board is meant to provide, but that the board’s ability to make such nuanced decisions is constrained by the current ordinance.

“Granting this board appropriate discretion helps ensure the appeals process remains credible, balanced and just,” McDougall said.

Board members expressed general support for the idea, though they raised questions about how to frame any recommendation to the council without creating the impression that the board would apply the rules inconsistently.

One board member said the recommendation should be worded carefully so the council does not feel it is empowering a board that will act without discipline. Another said the board should also be mindful of not undercutting the work of the city’s code compliance officers.

Code compliance supervisor Mitch Nabhan said his department would accept whatever decision the council makes. “Our department is going to be accepting of that,” Nabhan said. “I don’t know that that is going to have an effect on how we enforce.”

Board members also discussed whether research into how other cities handle short-term rental enforcement — specifically whether other jurisdictions use strict liability standards or allow for mitigating factors — could inform the recommendation.

The next meeting of the board is scheduled for March 18.

---