What should I do about City zoning laws?

[Jen-And-Dave0]

I received a certified letter from the city of Bellingham, WA indicating that I am operating an illegal “bed and breakfast”. The letter states that the city’s intent is to not allow short term (less than 1 month) rentals in a residential neighborhood. They indicate that I must shut down by August 1st or face enforcement action.

I called the city planning department and talked with the person that sent the letter. He said that, while this “short term” rental rule is not in writing, it is the intent of the code.  When I pressed him about the hundreds of other Airbnb’s in town, he said they are not staffed to inforce the code but deal with this issue on a case-by-case basis when they receive a complaint. 

According to this planner, our only option is to file for a conditional use permit to operate as a bed and breakfast. This sounds like a fairly lengthy and costly process and there is a good chance that the city will not issue a permit as it is at the discretion of the planning commissioner.

I find it hard to believe that a city could operate on rules that our not documented.  I also think that it is unfortunate the other people renting through these services are likely unaware that they are only one complaint away from being shut down.

Any advice would be appreciated.

[Walter197]

I'm about to appeal a ruling against my airbnb, is there a docket number for this case, I've been searching for "Jacob Whighams vs City of Chico" but can't find the actual ruling, I'd like to present this ruling or at least the case number that references the ruling

Thanks

[Donna276]

Adding to this conversation in case people from Bellingham are following this discussion:

Trying to get information out to Bellingham WA area hosts. You may be aware that Bellingham is in the process of regulating short-term rentals. We went to a meeting last night at City Hall and there were very few (I think 3) hosts at the meeting. Some people want to totally prevent short-term rentals in Bellingham. If you want to continue to have short-term rentals in Bellingham, I suggest you attend the next meeting:

I received this from a Senior Planner this morning via email:

Last night the Planning Commission decided to hold another work session on short-term rentals on January 18, 2018. The meeting will start at 7 p.m. at City Hall, 210 Lottie Street. The public hearing is still tentatively scheduled for February 15. We will update you if there are changes to the schedule.

Let's keep AirBnB legal in Bellingham. Show up to have your voice heard.

Thanks!

Donna ****

[#4]

Trying to get information out to Bellingham WA area hosts. You may be aware that Bellingham is in the process of regulating short-term rentals. We went to a meeting last night at City Hall and there were very few (I think 3) hosts at the meeting. Some people want to totally prevent short-term rentals in Bellingham. If you want to continue to have short-term rentals in Bellingham, I suggest you attend the next meeting:

I received this from a Senior Planner this morning via email:

Last night the Planning Commission decided to hold another work session on short-term rentals on January 18, 2018. The meeting will start at 7 p.m. at City Hall, 210 Lottie Street. The public hearing is still tentatively scheduled for February 15. We will update you if there are changes to the schedule.

Let's keep AirBnB legal in Bellingham. Show up to have your voice heard.

Thanks!

Donna ****

[Aaron26]

I was the first speaker (host) that night but we messed up - thought it was tonight.  😞

[Caroline176]

My Bellingham Airbnb may be in jeopordy.  I attended the January planning commission hearing, where they recommended requiring conditional use permits for STR's that were not host-occupied. For those STR's that are occupied by the host, the commission said they would require a Type I or Type II permit (a lower threshold permit that I frankly haven't investigated).  Only 1 (one!) STR may soon be allowed per person. City council will review these recommendations for adoption March 1. 

The issue of cease and desist letters becomes mute the day this goes into effect because all STR's become illegal without a permit.  I have never had complaints from neighbors in over 200 guests, and my house is in better condition that many others on the block.  I am thrilled to be able to keep in much better condition than I could afford to during the years when I rented it long term. 

The lack of affordable housing in the community is the main reason given for pushing these new regulations.  The notion is that they will strangle out STR's and a whole crop of long term rentals will flood back into the market. It's well meaning but doesn't seem like a good answer to the problem! Curious if anyone has come across this argument in other communities.  Any data to support the lack of connection between STR's and affordable housing?   

Unfortunately there is some differences of opinion within our local AIrbnb community.  One host wrote to city council supporting limited regulations for owner-occupied STR's (which she owns) and recommending a total ban on non-owner occupied STR's.  Glad to see in this thread so much host community support.

[Jeff339]

Need some help in Greenville / Mauldin, South Carolina. We have three Airbnb homes in one neighborhood and we’re about to add a fourth. Everything has gone well up until two nights ago. The neighborhood is in an excellent location, is very peaceful and safe but many of the homes and lawns are not maintained well and the neighborhood would be considered “improving”. One neighbor across the street from one of our properties who has lived in his house for 26 years did not like us using the house as what he termed a “Hotel”. So, without talking to us at all, two nights ago he came to the door while six girls in their 20s had come to town to attend a wedding. He took pictures of their license plates, tried to force his way in the door and threatened to kill the girls three times. The police were called and nothing was done. He was told to stay off our property but he threatened to harass future guests when they backed into the street. The police told us we needed a permit to run a short term rental but when we went to the government offices the next day they told us an ordinance had recently been passed not allowing any rentals shorter than 30 days. We are investigating how this was passed without anyone knowing but the government employee said that there is only one code enforcement officer and short term rentals were not a concern but were only dealt with when someone complained. Of course, threatening to kill someone was shrugged off. I’m reading this post with interest but also noting there are 20 other Airbnb rentals in our area operating unimpeded except they don’t have this really pleasant neighbor whose yard is trashed and his home is in complete disrepair but he is complaining about the brand new house that we built and landscaped meticulously. I would really like to hear any thoughts or suggestions. Does anyone know a good attorney in Greenville that could help us? Has anyone considered organizing a group nationally to combat this type of bullying? Looking forward to hearing from all of you. 

[Curt0]

A few suggestions.    Look at the zoning ordiance yourself to see what it says specifically.  You really should have looked at these some time ago but that is not the issue now.  Your official says they recently changed the law to no rental of less than 30 days.  Find out when exactly that new ordinance became effective.  If you had rented this house out before that date you may be what is termed a "legal non conforming use" and would be allowed to continue. 

If not then you would be operating illegally.  So you would need to start a group to convince the zoning group to change their/your zoning ordinance.  People are fighting this all over the US.   Suggest you organize and here is one example of this being done:  Responsible Home Sharing - Traverse City ( a Facebook page).  One person Dave Durbin decided to try to get change started.  He got publicity through radio,  newsprint and promoting his web page.  They now have a a group of about 30 fighting for change but have made progress.  They have regularly attended Planning Commission and City Board meetings explaining the benefits. 

Good Luck

Regards,  Curt Peterson

[Jaime-and-Judy0]

You are facing the same issue old people angry living old alone ... like them there are many who dont care bc according to the they have rigth bc the live on the neighborhood for long time ....frankly there is nothing you can do to avoid this awful situation.... the police officer will not deal with old people unless they have a gun on hands ...

And those people have the whole day and few live years to make your live miserable and acting according to the law

[Pete69]

This is what blue states love to do. Regulate everything and be your nanny. Here in California they are banning plastic straws even though absolutely 0% of straws from restaurants wind up in the ocean. It's just another made up hysteria.

Banning Airbnb is more government leader's nonsense.

[Jim528]

I'm a former new host in Livonia, MI, where I received a Cease & Desist letter and was told to remove my listing from Airbnb and from any other such sites.  I was only renting out one bedroom on Airbnb, which is a house I live in & own and is my primary residence.  I might add, that before I started my Airbnb, I checked with a lawyer who has a practice in Livonia, asking if Airbnb is illegal, he said no, I can rent a room to anyone & if the neighbor(s) don't like, it's none of their business.

All of this came about after my next door (busy body, work at home) neighbor found out I was running an Airbnb, she sent me an email length text message on 1-31-19.  She was upset I didn't get her permission before starting it, but to me I was just renting out a room.  Her text had a lot of misinformation about Airbnb, stating that these people could have mental issues, communicable diseases, criminal records, etc.. She said there is no vetting process.  She goes on about not feeling safe to leave her window blinds open and so on.  She complained my room rate was too low & would attract the wrong people.

The weekend after that, her & another neighbor walked the street with a petition to close me down.  They sent it to the city, made calls, sent emils to the city & went to a Regular Livonia City Council meeting, all 4 of them.  On YouTube, you can see it as the 2-11-19 meeting, it starts about 17 min. in.   From this the council voted uninamosly to take it to the next step, the Committee of the Whole meeting (which was later scheduled on 4-15-19 at 9pm at City Hall).

The first thing I got was a letter from the city stating I was rental property & I might lose my Homestead Exemption Tax (about $850/yr. in my case)!  I called the person on the letter, explained my situation.  She had never heard of Airbnb.  I told her that Airbnb makes guests pay a Michigan Occupancy Tax, which surprised her & she had to check with the state on that.  A month later, she was still waiting for a reply.

After that, I received the C&D letter, to shutdown immedietly, so I did that weekend.  On Monday, I talked to a lawyer in the building I work in, the same one I had been talking to ever since the text message.  He had insisted Airbnb wasn't illegal in Livonia & to ignore the neighbor.  With the letter, he called over to city hall & talked to the lawyer on the letter, who he knows.  Just like the beginning of the forum thread, they grouped me in with B&B's, even tough I didn't serve food, but just rented a room.  Even though the letter stated I was breaking different ordinances, the only one the city stated I was breaking was one for R1.  In that a B&B has to be on a half acre lot OR 2,000 sq. ft..   My lawyer friend was surprised.

Since I just started Airbnb 1-6-19, I have some added debt from startup and the whole point of this was to help make ends meet.  This is causing more financial problems than before I started.

So I've been talking to the Livonia Superhost who recommended I start Airbnb, and I've been searching for other Livonia hosts and trying to get organized with his help.  The lawyer friend was at city hall last week & talked to the city prosecutor, who said they plan on banning  Short Term Rentals (i.e. Airbnb, VRBO, HomeAway) in Livonia.  My Superhost friend just got his C&D letter today 4-10-19 .

It's a real shame that a few neighbors can complain to the city & in the end, will probably get this banned in a city with nearly 100,000 residents!

Curt, if your still watching this forum thread, I'd appreciate your input. 

Thank you.

[Curt0]

Hi short initial answer as I am on a smart phone.  What specific part of the ordinance did they say you are in violation?   

Loss of PRE is BS.   Pre is state law and if you ate renting less than 50% you still get 100% PRE. I know this as I have been to the Michigan Tax tribunal and won.  

Your only issue is what does the zoning ordinanxe say and what in it do they say you violate.  

Curt

*sensitive information hidden*

[Curt0]

You are not a B and B as it is State defined (and most likely vebatim) in your zoning code thst says something like you rent rooms in your house AND serve breakfast.  So if you do not serve breakfast you sre NOT a B and B.  The Michigan Tax Tribunal Administrative Law Judge so ruled in my case in 2015.   

You should go to this 4-15 meeting and present these facts.   

Regards,

Curt Peterson. 

[Linse0]

I had the exact same letter. Can y’all refer me to an amazing attorney that can interpret the city ordinances and let me know if I am safe?

[Curt0]

Your zoning code is available on line.  If they issued you a cease and desist they should list the specific ordinance they feel you ate violating.   Do you do whole house rental.    

You can also call Katy’s zoning officer and ask/him her what codes directly relate to whole house rental and or shared house rental that apply to your homes zoning classification.   

[Linse0]

I do whole house but I don’t mind renting rooms if that makes a difference. 

[Linse0]

I just received the same letter in Katy,TX. Can y’all recommend an attorney who specializes in this?