Changing City Ordinance to Support Short Term Rentals

[Brad30]

I am/was an Airbnb host in the Monterey, California area.  We love using home sharing for all of our travels as it has always suited our desire to feel at home while abroad.  We recently opened our home on Airbnb to other travelers and found ourselves in the middle of a dispute going on with our local, outdated, city ordinance and a short term rentals alliance group.  These disputes exist in many cities so I know this is not an uncommon thing.  Upon doing some research I stumbled upon this community and figure it would be worth a try to reach out to other Airbnb hosts in other parts of the world and see who has had success addressing/changing local city ordanances that prohibit short term rentals (STR) like Monterey City.  Monterey City has even gone as far as having there enforcement resurces create accounts on Airbnb and make fake reservation requests so they can issue citations. If you have any insight on how to address these issues (legally, through media awareness campaigns, through cummnuties that can help, etc...) I would be very interested.  Our goal is to motivate the city to change the outdated ordinance and allow for STR in Monterey, CA.  I personally have heard all of the arguments against STR due to the need to ADA regulations, impacts on parking, noise, etc... and I beleive it is ridiculous.  However, shared economies are an evolution and evolutions only happen when people with a common goal come together to invoke a change.  I am hoping this thread will be the beginning of this change allowing us to relist our property on Airbnb and continue being Superhosts 🙂

[David126]

I have seen zoning issues and HOA issues but never heard of a city banning short term rentals entirely.

[Linda108]

@Brad30 Your interest in dealing with the various municipal reaction to the short term rental (STR) market is shared by many hosts and of course by Air BNB.  I live in a city near Palm Springs and recently there were discussions in Palm Springs about restricting STR.  I decided to form a Home Sharing Host Club for my city La Quinta.  In the Community Room, go to Home Sharing Clubs to get a list of Clubs in Northern CA. I see there are several but none in Monterey.  When I contacted Air BNB about starting one, I received immediate support and an Air BNB staff person who flew down to Southern California to support hosts in Laguna Beach dealing with a hearing regarding STR came to La Quinta to help me.  When you go to the list of clubs, scroll all the way down and you will see a button to contact Air BNB about starting a club.

As to the La Quinta story, the City has decided to continue to support STR and is now collecting the occupancy taxes for hosts and remitting to the City. 

Good Luck!

[Brad30]

Linda,

Thank you very much for this reply.  I will be reaching out through the group that I am currently part of to start this process.

This was very helpful!

Brad

[Elaine196]

I live in a very small town Mary Esther, FL.  I bough a very run down home across the street from my main residence.   The home had a tenant and I did not get a security deposit.  Since the home needed major work I let the tenant stay in hopes he would take care of the place.  New roof, new floors, garage door, shed, driveway, paint, fans, insulation on the ducts etc.  Well, he wasn't taking care of it.  I wanted a short term rental anyways.  I went to the City of Mary Ether was told I needed a State of Florida license to proceed.  I had to start a business and get a ficticious name.  Went back to the City and was told to get an Okaloosa County license.  Did that and then returned.  The City issued me a TAX RECEIPT giving me permission to do business in the city.  That was in July.  I bought furniture and did much more repairs to the home to make it a 5 star place.  The driveway is oversized to accomodate parking so people are not parking on the street.  I replaced 6 ft fences with 8 ft fences.  I am now booked till 3/31/2019!!!  Last Friday at 4 PM I was given a stop order effective immediately.  No more rentals after 4/30/2018 due to zoning regulations.  

I went to see the City Manager who told me I had to be on the agenda for the monthly meeting.    The meeting was AFTER my stop date.  What was I going to do!!

I went to the meeting and spoke to the city council members without being on the agenda.  I was told they would extend to 5/31/2018 and the next meeting is 5/6/2018!!!  That gives me 3 weeks to cancel my 6K June and July!!!  

The board is telling me to rent to long term rentrs...duh, I did that and he tore the house up!!  

I am researching myself on how to change the zoning.  I have contacted an attorney to see if he can draw up some new zoning to limit the numbers of people at a property.  In addition, he is going to see if it is legal to limit who can rent and the number of houses in our city.  

If anyone else has any imput that would help me I would be most grateful.  Does anyone have information about restrictions to allow SOME short term rentals?

The fact that I was given a license is disturbing.  They gave it to me and I relied on them.  They even admitted to making a mistake!

Help,

Elaine 

[Personal information hidden as per the community guidelines] 

[David126]

@Elaine196

Where I am zoning is a matter for the County and what you can do depends on how your property is zoned.

Occasionally they change how a zoning categiry ios defined but that seems a multi years thing and most unliekly that if say you were zoined Residential that would be changed to include running a business.

You Lawyer can advise better but presume the solution is to re zone your specific property, I doubt that would be quick. No doubt they would need to canvass the neighbours, the rezoning would need to fit the area plan etc.

[Jaime-and-Judy0]

It's all about the money and power zone psude governants  are presure for some angry people and hotel and motel corporations... or maybe something else .... Airbnb it's like uber at the end uber still there stronger than ever.... they dont care a **bleep** about other people taxis drivers or transportation industries... now they pretende regulate short rentals its ilogical...  but this how this world work people in position of power  live and dream to rule in pro of their own  interest.... 

[Kirsten258]

Hi! Has this changed since you posted this in 2018? I’m interested in buying a home in Mary Esther to do short term rentals, but I’m in the midst of researching the zoning laws there.

[Autumn93]

Hey Elaine! Just curious what ever happened with this? Looks like STR still aren't allowed in Mary Esther? I've looked at that area to purchase, and all I can find is that there was a lawsuit by STR owners against the city, but no resolution? Thank you! 

[Karin5]

I've tried contactng Airbnb about startng a home-sharing club in my little town of Middletown Twp., Bucks County, PA but I think that will be a no-go, I've also tried signing up through the website to start a home-sharing club but nothing happens. I've been doing Airbnb since Jan. 2015 and never had an issue, then a neighbor reported me and it's been a mess. There is nothing in the codebooks about short-term rentals. I own and live in my house, and I am not in an HOA. My listing is still active but it's been a fight. I was told by my zoning director that they would go after the other listings and shut them down, but nothing has happened so far. All listings in my town are still active.

I'm registered with my county and pay county taxes quarterly.

I own my home and live in it so home-sharing should be my right. My town is so behind the times and they go by outdated codebooks, and certainly have not adapted to 21st century home-sharing.

If anyone is in Bucks County, PA - to fight these ordinances, it may be something to do as a county rather fight as little townships invdividually.

[Carol404]

I realize this is an old thread, but an ordinance just passed in Tinicum, Bucks Co.  PA effectivly banning STR. There is a small group of hosts fornmng to brainstorm.  Did you have any success?

[Karin5]

No I did not. Code enforcement shut the whole township down. Just me and one other host were going to fight it, but just the two of us wouldn't have made much success. Other hosts thought it wasn't worth it and took their listings down.

I'm selling my house (I'm having a tough time affording this house without Airbnb) and leaving Pennsylvania.

[Kelly241]

I have a home in palm desert, and that city appears to be following suit with Palm Springs rather than la Quinta.  Increasing the tax makes more sense than prohibiting STR.  Is there anyone you can put me in touch with that can help the palm desert situation?  Thank you for the information!  

[Greg141]

Do you have a name to talk to at Airbnb? My city/county (Valdosta, Ga) is holding planning commission hearing to create ordinances for STR. I want to get out in front of it. Thanks, Greg Moore