Short-term rental owners in Santa Fe County and City of Santa Fe:
SANTA FE COUNTY TAX ASSESSOR'S PLAN Will INCREASE YOUR PROPERTY TAXES 30% OR MORE
In November, you received a letter from Santa Fe County Tax Assessor Isaiah Romero informing you that he plans to reclassify many properties with STRs as "non-residential."
The letter included a questionnaire asking you about your property.
DO NOT RETURN THAT FORM YET
First, learn what this change really means to you.
Romero's new plan will reclassify properties with short-term rentals as "non-residential" (commercial) - just like liquor stores, auto-body shops and massage parlors.
This drastic change will cause your property taxes to skyrocket 30% or more.
In a couple of years, you could be paying twice as much in property taxes as your next door neighbor, just because you have an STR.
"For people whose property could change from residential to non-residential, it's not a question of whether their property taxes will increase, but rather how much." -Santa Fe Mexican, October 19, 2023
How can they do this?
Romero says he has the authority based upon his interpretation of NM Statute 7-35-2 of the Tax Administration ACT, which says residential property "does not include structures when used primarily for temporary or transient human habitation such as hotels, motels, and similar structures."
Are you running a hotel?
Of course not. And the New Mexico Court of Appeals agrees. Under established New Mexico state law, STRs are not commercial operations - STRs are "residential in use."
The New Mexico Appellate Ruling of 2013 stated that STRS are "primarily residential, no different from primary, vacation, or long term rental homes."
But that doesn't matter to Isaiah Romero. He's going to push through his tax plan targeting STR owners regardless of settled state law.
There is already a lawsuit filed in Federal Court that can stop him.
The lawsuit filed by STR owners in Santa Fe County opposing the STR ordinance asks the court to reaffirm the 2013 ruling by the New Mexico Appellate Court and declare STRs to be a residential use of property.
If we win, Isaiah Romero loses.
Your property cannot be reclassified as non-residential if the judge in this case rules in our favor, because the Federal judge will be affirming the 2013 New Mexico Appellate Court ruling that found STRs are a residential use.
Please consider donating the revenue you receive from one night's stay in your STR to support our legal fight. This is not just about the County's STR regulations - it is about protecting our property rights in the County and the City of Santa Fe.
Please, donate a night to the fight today. All funds raised go directly to support the legal fight on half of STR owners - and all property owners and stakeholders - in the county and the city.
Give generously!
GoFundMe: https://gofund.me/768bf5b5
The Homeowners of Santa Fe County has offered its support to this cause and The STR Fellowship of Santa Fe County - whose members have, for the past 14 months, steadfastly lead this cause. These dedicated community members have worked to bring the ordinance and property tax issue to the community's attention, lobbied for change and facilitated the filing of the county lawsuit. We have mutual interests in advocating for the protection of rights for all and we are proud to support them. Join the Fight. Donate Today