Flagstaff, AZ Short-Term Rentals: Host Platform Liability (2026)
Key Facts
- Check window
- 24 hours before every stay
- Check source
- DOJ sex offender public website
- Record retention
- 12 months after booking
- Platform liability
- does not excuse the owner
- Penalty escalation
- $500, $1,000, $3,500 per violation
Summary
Flagstaff requires an STR owner or their designee to run a sex-offender background check on every guest within 24 hours of check-in, and lets the marketplace's own screening satisfy that duty. But City Code § 3-12-001-0012(D) makes clear the platform's failure to screen a guest never shifts liability away from the owner, who stays on the hook under the ordinance regardless of what the booking site did or didn't check.
A. No later than twenty-four (24) hours before every stay the owner or owner’s designee shall perform a background check on the person booking a short-term rental through the online national sex offender public website operated by the United States Department of Justice to confirm such person is not identified as a sex offender. ... ... C. The requirements of subsections (A) and (B) of this section are satisfied and/or waived if the online lodging marketplace on which the short-term rental is advertised performs the background check. D. The failure of an online lodging marketplace to conduct a background check shall not relieve the owner of liability under this section.
Full Breakdown
Under Flagstaff City Code § 3-12-001-0012(A), no later than twenty-four hours before every stay, the STR owner or the owner's designee must run a background check on the person booking the rental through the online national sex offender public website operated by the U.S. Department of Justice, to confirm the guest is not a registered sex offender. Records of each check must be kept, in hard copy or electronically, for twelve months after the booking date and made available to the City on demand during business hours under § 3-12-001-0012(B).
Subsection (C) allows the owner to rely on the online lodging marketplace's own screening instead of running a separate check, if the marketplace on which the STR is advertised performs the background check itself. That is where the liability rule bites: § 3-12-001-0012(D) provides that the failure of an online lodging marketplace to conduct a background check shall not relieve the owner of liability under this section. In practice, an owner who lists on a platform and assumes the platform screened the guest cannot point to the platform's oversight as a defense if a required check was never done; the owner remains responsible for compliance with the twenty-four-hour screening and twelve-month recordkeeping duties regardless of which party actually ran the check. A failure here is enforced the same way as other STR chapter violations, through the escalating civil penalties of § 3-12-001-0015 and, after repeated verified violations, the license suspension grounds of § 3-12-001-0014.
Violations & Fines
Failing to run the required sex-offender background check within 24 hours of a stay, or to keep the twelve-month record of each check, violates § 3-12-001-0012, and an online marketplace's own screening lapse does not excuse the owner under subsection (D). A verified violation carries the chapter's escalating civil penalties of $500, $1,000, then $3,500 within twelve months, and repeated violations can support a license suspension of up to a year.
Frequently Asked Questions
Who is responsible if the booking platform fails to screen a guest for my Flagstaff STR?
How long before a guest's stay must the background check happen?
How long must I keep background check records?
Sources & Official References
Other rules in Flagstaff
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