The mission of the STR Office is to ensure the legal operation of all STRs in the City. To accomplish that mission, our enforcement process is designed to provide all necessary information and ample opportunity for individuals to understand what compliance requires and to achieve it.
Violation Process
FIELD WARNING
A field warning is just that—a warning. Warnings are easy to see—they’re bright pink—because we want to get your attention so that we can let you know about problems as soon as possible.
Warnings let you know that the Department has reason to believe that a property is not in compliance with STR laws and is under investigation by the Office of STR. The warning will specify what rules the Department suspects the property of violating, and provide contact information for an STR Inspector who can provide guidance on ways to remedy the alleged violation.
At the time you receive a field warning, the Department has begun an investigation of the property but has not commenced the adjudication process.
NOTICE OF VIOLATION
If a field warning is unsuccessful and a violation persists, the Department will mail a Notice of Violation to the address on file with the Assessor’s Office; the Notice may also be posted at the property. Notices of Violation give the Owner or Operator a date by which they must abate the identified alleged violations, as well as recommended actions to do so. If the violations have not be abated by the compliance deadline, an Adjudication may be scheduled.
COMPLIANCE EVIDENCE
If you have received a Field Warning or Notice of Violation and believe that you have abated the violation(s) and brought your property or permit into compliance, contact the inspector identified on the Warning or Notice to submit evidence of compliance. That inspector is assigned to your case, and can help provide specific advice and ensure that compliance is achieved. STR Inspectors perform both fieldwork and office work – if you want to meet with a particular inspector in person, contact them or the STR Office to confirm their availability.
Compliance evidence is any document or evidence which demonstrates the required compliance or a good faith effort to achieve compliance. Below are some examples of what compliance evidence can look like—this is not an exhaustive list or a list of required actions. Compliance evidence does not have to reveal any personally-identifying information of any Guest or host of an STR, and may be redacted to protect such information.
If a violation concerns unpermitted STR activity, compliance evidence may include:
- URLs to deactivated or corrected listings
- Screenshots or listing print-outs to reservation confirmations or calendars
- Documents showing booking dates or cancellations
- Documents showing efforts to apply for and receive required permit(s)
If a violation concerns effects which unreasonably interfere with a neighbor’s enjoyment of their property, compliance evidence may include:
- Evidence of timely response to, and satisfactory resolution of complaints
- Proof of good faith efforts to accommodate reasonable requests
If a violation concerns the cleanliness, maintenance, or safety of a property, compliance evidence may include:
- Allowing an interior inspection of the property by an STR inspector
- Photos or receipts showing possession or condition of any required items
- Evidence of good faith efforts to cure any code compliance issues
If a violation concerns the occupancy, use, or supervision of a property, compliance may include:
- Written policies or instructions provided to Guests or Operators
- Written statements of property caretakers or managers
- Logs of regular Operator attendance to the property
Adjudication
If, after a violation case has progressed through warnings, Notices, inspection requests, or other reasonable efforts to secure compliance, but the property or permit-holder in question remains out of compliance, it may be necessary to bring the case to an Administrative Adjudicative Hearing (Adjudication).
Adjudication hearings for all OneStop departments, including the STR Administration, are coordinated through the Adjudication Department which handles scheduling, rescheduling, notifications, and payment of fines. Contact the Adjudication Department through their website at https://www.nola.gov/onestop/adjudication/. The Enforcement Department notifies property owners of Adjudications with a Notice of Hearing which is sent to the property owner by regular and certified mail. The STR Inspector assigned to the case will also post a copy of the Notice of Hearing at the property in question.
At an Adjudication, an Administrative Hearing Officer acts as a judge over the proceedings. The Hearing Officer will hear evidence presented by the City and by the witnesses called by the City and then the respondent (the owner of the non-compliant property) is given an opportunity to respond and present evidence and witnesses of their own. The Hearing Officer makes decisions about whether proper procedures are followed, whether evidence or testimony is admissible or relevant, and whether the facts presented support a finding that the accused has committed the alleged violation.
Property owners can represent themselves at this hearing, or delegate another person to represent them and will be provided the opportunity to call witnesses and present evidence. Property owners may be accompanied by or represented by an attorney at an Adjudication, but it is not required.
If you’re served with notice of Adjudication, there are some steps you may want to take to protect your interests and ensure that you present an adequate defense. If you’d like to seek legal advice, this may be a good time to do so. You may also file public records request (PRR) for files pertaining to your case through the City’s Law Department. You’ll want to gather all of your evidence, as well as contact any witnesses you may want to call and arrange for them to attend.
If you need to request that your hearing be rescheduled, please contact the inspector assigned to your case. It’s always helpful if you give them a general idea of why rescheduling is necessary, and the Department understands that sometimes things come up. The inspector will take this request to the STR Administrator and other decision makers in the Department and will get back to you as soon as possible. If the Department agrees to reschedule your hearing, you’ll receive a revised notice of hearing showing the newly-assigned date and time for your hearing.
Once the hearing has been completed, you will receive a written copy of the Hearing Officer’s judgment by mail. If you have been found guilty of the violation, this Judgment may include fines and may also revoke your permit(s). Fines must be paid within thirty (30) days of the mailing of the Judgment or else the City will file a lien on your property in the amount of the Judgment.
If you disagree with the Hearing Officer’s decision, you may appeal their Judgment to Civil District Court within thirty (30) days of the rendering of the Judgment. There are filing fees associated with these appeals, and you may be required to post a bond. You may want to seek private legal advice regarding this process.