My city misclassifying me.

[Jenny1069]

I have the strangest problem going on right now. Need some advice on how to handle this.

A year and a half ago I reached out to my city inquiring about a short-term rental license for Airbnb. They responded with an application and the forms I needed for reporting taxes to them etc. I sent it back and received my approved application with TOT license number an hour later.

All has been great. I sent the finance lady my reports and tax payment confirmations quarterly by email, as she requested. I pay about 10k a year in transient tax to them.

A few weeks ago a guest asked if she can checkin at noon and I apologized that she could not, 3pm was earliest. She decided to checkin at noon regardless and she set my alarm off. The police arrived and they showed their booking so the police left and let them stay. (Not sure why door codes on here are released to guests after they book instead of at checkin times but that’s diff topic).

I’m in a small city with 327 houses but we have our own city hall, police department, and hospital. So, a week later (diff guests) a lady knocks on the door of my Airbnb and tells my guests they need to leave. That they aren’t allowed to be there. They said “what were from New York where do you expect us to go?”. She left and the guests messaged me about it.

I emailed the city counsel and requested that they please contact me direct with any concerns and not disturb my guests. I reminded them of my TOT license and the taxes the guests pay them. They respond that I needed to contact some lady there and gave her number.

I call and she’s the Code enforcement officer. She tells me she is not sure how I managed to get a TOT license but they were going to have to deal with it. She then says she reviewed my images and requires an immediate inspection of my home as it’s a potential public safety hazard and she says she’s abating it for no further quests to check in until it’s entirely approved for public safety.

literally had to freeze my listing. She’s not specifying what needs to be addressed. She gave a few examples but she said there’s possibly more so the entire home requires inspection. The few things she mentioned was my sink height, my outdoor firebowls, my kitchen island and fireplace. And possibly my pool. 

This bish literally going to tear me down as some hotel. She knew exactly what bookings I have coming up and compared my images to those from when I closed escrow to identify what may have needed permits.

Shes literally trying to shut me down a different route now since I have a license and I don’t even know how to address this. I’m mind boggled by it! 🤦‍♀️

[Francesco1366]

@Jenny1069,

It seems to me that the authorities have the right to carry out controls, based on Italian law, however, they do not have the right to close your activity if they have slight suspicions: they enter, check and if you are not in order they close you. Sure unpleasant but at least you have a certain and immediate outcome.

However, if your license was based on a photographic check and self-declarations, even here in Italy it happens for some properties, and they see very different or very suspicious photos online, this could be a big suspicion that requires a suspension. 

When do they have to give you the result? Did they violate your rights? I really don't know. I also don't know how much what I wrote has to do with your situation and of course I don't question your regularity.

What I see very disturbing in your post is how potentially we are subject to the wickedness of others without being able to do anything, because we are small and not a large organization. I think especially in communities as small as yours. It's wonderful that you know how many houses there are! I think, for example, that for an hotel or a big organization, it might not be so difficult to find a way to disturb you.

It would be useful to obtain a network of legal (and maybe of tax advices and more?) "promoted" by Airbnb. Not for free, but I think that in many places, many consulting firms would queue up to be advertised here with offering targeted advice at affordable prices to Airbnb users only.

Just to say something that can stimulate something...hope you solved!