Can City Officials forbid me from hosting?

[Florence760]

Hi everyone,

I am a new host.  Everything was going well until this week, when the buildings inspector and the fire inspector showed up at my house looking around for 15 min, and then pointed out things like:

1.  Bedrooms missing smoke detectors ( i can install that, no prob)

2. No illuminated exit sign on each of the door ( are you serious?)
3. No ramp for handicapped wheelchair to enter house (am I required to have that?)
4. My house zoning is residential ( there's a huge Dr. office across from my house, also a daycare right next to my house, so how are they allowed to operate?)

At the end they required me to hire an architect to do a Chapter 34 review and send them the results.  Also they wanted to to stop my listing and cancel all existing bookings from November onwards.   Building inspector warned, "I don't wanna have to come knocking on the door one night, and ask everybody inside to go to a motel, ok?"

So my question to you all is, can the city official really do that?   Wouldn't they be tresspassing on my private property?   How do we deal with this kind of situations?

I am in Fall River, Mass.

Thanks.

Florence

[Florence760]

Here's a link to my listing.  I mean does any part of this look unsafe to host? 

https://airbnb.com/h/highlands-mansion

Any advice would be appreciated!

[Sarah977]

@Florence760  I have no idea what the regulations are for short term rentals where you live, but certainly hosts have to abide by local regs. But having to have a wheelchair ramp sounds totally out of line and you'd have to research the zoning map to know if you were zoned residential or commercial, but Airbnbs don't have to be in a commercial zone at all.

It sort of sounds like an official who's throwing his weight around beyond the actual laws and doesn't understand how a sort term rental listing is classified (he's acting like you're running a hotel), so if I were you, I would research the regulations and/or consult a lawyer.

I will say that your listing could be subject to these regs, as somethung billed aas a "mansion" with 7 bedrooms that sleeps 14.

Have you had guests who were rowdy and caused a disturbance that may have brought attention to your listing? 

[Gordon0]

I'd say @Sarah977 might be on to something, @Florence760, in that one of your neighbours may have ratted on you, either because they were disturbed, or they simply don't much fancy an Airbnb in what appears to be a swanky area. 

As for the power-charged official, you may want to check out whether your area has a square-footage (or M2, depending on what bus you ride) limitation that makes your place fall into a classification which requires additional rules etc. 

[Florence760]

Yeah the official did mention there was a complaint, but he didn't go into details.  I guess at this point I just gotta consult an attorney on this.   Thanks for your responses!

[Kia272]

@Florence760 In short, yes. "City officials" are there to enforce local laws and regulations, whether they be traffic, criminal, or zoning. That's what your taxes pay for. 

They are not trespassing. 

The doctors' office and the daycare would have needed permits to operate, and should be in compliance with local regulations. Daycare licensing is generally quite strict. 

It is not a matter of whether your listing "looks" unsafe. It is a matter of educating yourself about local laws and zoning, and making sure that your listing complies. 

I would consult a local attorney with experience in these matters. 

[Florence760]

Wil do so!  Thanks for your help.

I'll come back to update everybody when I have something.

Thanks!