RVs won’t be allowed on single-family lots under coming code changes

When City Council considers changes to the Land Development Code in December, while they will discuss giving property owners the option of having three units on single-family lots and allowing tiny homes on those lots, they will not consider adding recreational vehicles to the mix.

Although the original resolution anticipated allowing RVs, city staffers have raised a red flag about allowing the vehicles to serve as permanent dwelling units, according to a memo from José Roig, director of the Development Services Department.

Looking at state and federal requirements for RVs, the department found that federal law considers them to be vehicles designed for recreational use, not living units. As such, they are not subject to regulation by the U.S. Department of Housing and Urban Development. Although HUD does regulate mobile homes, the agency specifically says it does not regulate RVs.

The HUD definition of an RV is: “Built on a single chassis; 400 square feet or less when measured at their largest horizontal projections; self-propelled or permanently towable by a light duty truck; and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.”

According to HUD, “The regulation of use and occupancy of RVs is the purview of state and local authorities, not HUD.”

Roig’s memo says that at the state level, RVs are regulated by the Texas Department of Licensing and Registration but they are not subject to building codes. So city staff have expressed concern about the safety implications that would need to be addressed through additional city regulations. “Staff needs to further assess federal and state regulations and how they are represented in RV manufacturer specifications” so that the city can develop its own regulations for permanent occupancy, the memo says.

Development Services Department will need to consult with the Fire Department, Austin Energy and Austin Water in order to arrive at their recommendations. As a result, staff members recommend putting off consideration of changes to regulations for RVs while moving forward with allowing tiny homes to become part of Austin’s residential landscape.

While the Development Services Department may not recognize recreational vehicles as the answer to providing more housing at a reasonable price, that is not the case for short-term rental agencies such as Airbnb.

A check with the Airbnb website shows quite a few refurbished recreational vehicles serving as short-term rentals.

Here’s one example: “Get ready for a unique experience in your own 1955 Spartan trailer in Austin’s exploding Eastside. This one of a kind sanctuary sleeps up to 4 and is the perfect combination of vintage and modern with many comforts in a very central location.” One converted school bus says it is adjacent to the Barton Creek greenbelt.

According to the Traveling Elms, billed as a resource for RV living, Texas is one of a number of states that allow people to live in their RVs full time, “provided you register your vehicle with the county and follow local ordinances.” However, an RV cannot get a certificate of occupancy in Austin, and Airbnb does not advertise exact addresses so it is impossible for the city to easily find who is renting but not registering their RVs or other homes.

This year, California has counted 126,082 homeless people, and according to the Los Angeles Times, nearly 6,500 of that count are people living in 4,000 RVs in Los Angeles, which is a 40 percent increase since 2018. The LA City Council recently voted to rein in RV landlords by preventing them from parking their vehicles on public streets.

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