New Denver Occupancy Law Bait & Switch

Dean43
Level 2
Denver, CO

New Denver Occupancy Law Bait & Switch

I know a lot of folks may or may not do my model, but I have been renting rooms out on Airbnb in Denver since 2014. I live in the Master and rent the other rooms out. While I was excited about the total occupancy law changes where you're now allowed to have 5 unrelated adults in the home. To my dismay, they actually put in verbiage to shut my business down. The City of Denver constitutes short term as 1-29 days and long term 30 plus days. All of my listings are minimum 30 days and maximum 120 days with an average stay between 54-84. All of a sudden, I receive this notice in the mail and I have to shut down my entire business because it is not a non-profit and if it does become a non-profit the members of the house have to choose the new members of the household. My question is how did we not see this? How did Airbnb not fight this? Which legislators took bribes from the Hotel Lobby to get this passed and stop this model and why? Here's the message I received. I supposedly am now in violation of 11.12.2.1. Are there other hosts who have been shut down for this reason?

 

The violation described on the notice is in relation to the limitations on the definition of a household that can occupy a single unit dwelling.

 

By renting out all of the rooms in your home individually, the arrangement does not meet the definition of a “Non-Profit Housekeeping Unit” since you, as the landlord, are selecting the specific adults that share the dwelling.

 

The code requires that the members of the housekeeping unit select other members, rather than the members being selected by the landlord or property manager. This is a conflict even if the landlord occupies the property and is renting the individual rooms.

 

Additionally, Non-Profit Housekeeping Units must act as the functional equivalent of a family, share household activities and responsibilities, and jointly occupy the entire premises of the dwelling.

 

This is a very nuanced section of code, and our department has discussed this at length. Please let me know if you have any follow up questions.

 

https://denvergov.org/files/assets/public/community-planning-and-development/documents/zoning/denver...

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