notice of zoning violation

[D0]

I just got back from a great airbnb trip to ibiza Spain.  I received a letter from my township that is a notice of a zoning violation cease and desist.  I have  my place rented most of the summer for the weekends.  They said I am operating a bed and breakfast.  It comes down to a neighbour that does not like the idea of me listing on airbnb.  so ignorant.  

Anyway, any insight is appreciated. Have you had any experience with the township or zoning.  I am so upset.  I have my house rented a lot this summer.  I love airbnb.  i think it is amazing.  Any input or knowledge would be appreciated.  how to approach this situation.  I have been researching since my arrival home.  way to come back to reality of a closed mind.  

[Tim57]

Not surprised that people are still racist...in 2016...it is incredibly bad...and unnerving

[Karin5]

There's many door-to-door salespeople who come in my neighborhood are of different ethnic backgrounds. Yard sales go on frequently in this neighborhood and those bring strangers in. Nobody complains about those.

[Tim57]

that is the statement "transient" like hobbos with a stink and bandana are coming to crash at your place instead of sleeping in a rail car...unfortunately municipal laws, business processes and thought processes are about 10-15 behind the real world.  We pay a huge price for ineffeiciencies of government.  The world and free market have already spoken, the sharing economy is huge positve--for everyone involved-- UBER is worth $70Bln and Airbnb is worth $30Bln.  Look at your next pay check, then go to the DMV, the post office (losses $2bln a year) or get on Amtrak (losses $3.5Bln a year and over $250MM in losses just on food service) train or visit your local county office building.  None of works well and it certainly not 1,000th as effecient as the services we comsume daily, Starbucks, UBER, AIRBNB, Amazon, Google or Microsoft products. Fundamental issue and maybe the reason government is perceived so poorly.

[David126]

Sharing as a term amuses me, I assume most people who list on AirBnB do so to make some money.

I think most people when you say AirBnB assume you are talking about someone who rents out a room in a building they occupy, but obviousy covers much more than that.

Does seem that AirBnB also realise that they must exapnd into other areas to justify their valuation and see intent on doing so.

Uber are similar, seems they want to move into the delivery side of things.

[Dee33]

@Karin5

The review dates are the date the review was posted. Which means nothing as far as I am concerned.

If all your guests *looked they belong in the neighborhood* -- according to your neighbor's definition of that --- would they have reported you? Would the neighbor have even noticed? If the answer is No, boredom & jealousy are probably not it.

Call them on it.

[Karin5]

I don't know what they would have done if my guests "looked like they belonged in my neighborhood". According to code enforcement, neighbors were taking pictures of my guests cars that had out of state plates and sending them in (their cars were parked in my driveway, which is on my private property) so I think it was merely anyone from out of town that caused the issue.

I also mentioned that to the lawyer, and if its still going on I take legal action. While it may be legal to take pictures of someone's property from the public street, but done in excess has to turn into harassment or stalking at some point.

[Dee33]

@Karin5Yes they are stalking & harassing you and I wish you the best of luck in getting this sorted out. It is ridiculous, in a suburb of Philly, to ascribe the presence of out-of-state plates to something nefarious. You could throw a baseball from where you are and have it land in New Jersey, Delaware, or Maryland.

[Karin5]

@Dee33

Thanks, I am working with a lawyer to get this all resolved so I can get on with my life. 

Yes, I am about 25 miles away from Philadelphia, and Philadelphia is a city of high ethnic diversity.

I am about 10 miles from the NJ state line. I work in NJ (trenton, the capital) and that city is mostly african-american.

I don't see why people in my suburban town can't get used to people of different backgrounds since my town is not too far away from the most diverse cities.

[Justin-And-Maud0]

I was wondering how did the officials found you in the first place?
Does Airbnb give them your address ?
Should keeping your post "address free" be enough to not be in trouble?

Thanks

[Karin5]

@Justin-And-Maud0

Apparently, my guests' presence was sufficient enough for neighbors to notice. neighbors supposedly got suspicious of all the different cars at my house, and maybe (I don't know for a fact) searched my property on the internet and found my ad. I had many pictures of my house, including the exterior, and of course neighbors recognized my house.

I did not find this out until recently, but the zoning director said neighbors were taking pictures of my guests' cars and sending them in.

Keeping your post address free will not help, if neighbors are observant enough like they were in my case, they may report you.

[Justin-And-Maud0]

I see! Awesome neighbors you have there! 😞

[Karin5]

@Justin-And-Maud0

Yes 😛 I thought this was a good neighborhood and people kept to themselves. Even before I started Airbnb I almost never interacted with my neighbors (when I did, it was on friendly terms). That's a very rotten thing for them to do, I never bother anyone and my guests never bother anyone either.

I never knew neighbors had control over someone else's private property and has to watch over it and report every move. What's this world coming to..

[Curt0]

What is the current situation?   This is going on all over the country.   Curt

[Monica4 · Accepted solution]

I am seeing these kind of posts too often. Anyone who plans to rent out a house or a room on Airbnb needs to check with their local town council first, and if permission is granted get proper insurance for liability and pay any lodging tax the government requires you to collect. There may also be inspection requirements depending on tourism laws.

This is clearly stated on Airbnb's website. Yet there are so many who decide to list their properties without going through the above channels. This is bad for business....not only their business but also for us "legal" Airbnb hosts. Reservations have to be cancelled when letters of non-compliance are received and that reflects badly on Airbnb and also on other hosts.

I feel no pity for those hosts who have not done their homework, or who perhaps are aware of operating illegaly but want to take a chance and hope that they don't get caught. I think a large number are in this second category.

Is it a commerical enterprise to rent out ones home? Of course it is, in legal terms. Once you receive "compensation" in any form for offering a service you are operating a commerical enterprise.

[Pam2116]

I agree that renters should do their homework.  I did and found absolutely NOTHING in the codes, regulations, etc. that stated anything AT ALL about renting property in a residential neighborhood in my local township.  No info about minimum amounts of time, no info about rentals at all.  

I did find info about short term rentals in the wider city and county and got a business license and am paying occupancy tax, etc.  

Yesterday, I received a cease and desist letter from my local township stating the reason being " one dwelling unit in one building accomodating only one family...".   Then it went on to say that it means one family total, not one family at a time.  ??? Not sure what this means.  But,  BUT, again, there is nothing in the codes, regulations or ordinances that I can find that says I am prohibited in using my property as a short term rental in a residential zoning district.  

I am reaching out to the township to get more info on where to locate this specific info so I can see it for myself.  I will abide by the code, of course.  But I need to see it first and not be sent a threatening letter from the township.  First letter and very rude.