The City of Virginia Beach and the Boot of Tyrrany

[Mark1073]

I own a four-bedroom, split-level home situated just a few feet outside of the (insanely gerrymandered) Short-Term Rental Overlay District at the oceanfront.  My children are grown, so I live alone here and as such, have converted the ground floor of my home to a rental with private entrances and a double-locked door separating the rental space from the upper floors of the house, where I live year-round.  I'm in my eighth year of AirBnB hosting, have paide Short-Term Rental taxes since 2016 and registered with the city back when they created that requirement.

Now the city is telling me that I am operating an "illegal rental", has issued a summons with a $200 fine (this is in addition to the annual $200 registration fee).  The city's zoning department tells me that to meet the their requirements, I either need to "allow guests access to the entire home" ("No") or have my home zoned as a duplex (cost prohibitive, might as well just tear it down an build an actual duplex).  Neither is acceptable and I shall refuse to comply because if I do not, I will be forced out of my home.

The city has gone way too far here and I'm well-aware that I am not the only citizen who's livelihood is under attack in this way.  It's time to fight back.  If you have been similarly affected or just want to help fight for what's right, please hit me up soonest?  I'm lawyering up...

"Freedom is not Free"

[Dawn241]

Different states, counties, cities are imposing all kinds of licensing rules and restrictions. Since this is a global forum, have you tried to find a rent responsibly grass roots group in your state like we have here in AZ? 

[Helen3]

If you don't want to abide by your cities STR regulations would long term rentals be an alternative income stream for you @Mark1073 

Not clear from your post -  but are you saying these are new STR regulations (presuming so as you weren't aware of them) ? 

Or have these regulations been in place for some time but you haven't familiarised yourself with them.? 

how much would it cost your STR business to be zoned as a duplex @Mark1073 

[Mark1073]

A long-term rental would reduce the income by over 50%, which I cannot tolerate.  I did win in court a couple weeks ago though, my city has a category called "home share", which is defined by the host being the owner / occupant and home during guest stays, which is true in my case.  The city tried to argue that because the guests don't have access to the whole house, I fall outside of that category. It was a huge overreach and again, they lost in front of the judge.  There's also a concept here called "legal non-conformity" which protects people from being put out of business by new regulations, call it "grandfathering".  The city has tried to find ways to dilute that, but it's a well-established principle.  It's really sad that given the amount of property and short-term rental taxes I pay to the city that they would use those resources to try to put me out of business.  This is the problem with living in a lowbrow tourist town, the Lords of Hotel Row get away with murder.  Citizens need to fight for their rights.

[Martino-And-Pam0]

hi please reach out to us we are fighting the city...