Nashville Airbnb Hosts - HPR Permit Issues - Amendment 9 of BL2017-608

[Joe301]

Does anyone have more information regarding this new amendment that effects all permits on HPR homes? 

Many of the homes in Nashville are in what is known as a Horizontal Property Regime or HPR. An HPR is a tool used by developers to essentially subdivide property without a formal subdivision of the lot. As of Nov 16, 2018, the current position of Metro Codes is that Amendment 9 of BL2017-608 does, in fact, prohibit owner-occupied permits if both (or all) properties in the HPR (A&B) are not owned by the same owner. This applies to R and RS zoned properties. I believe this position to be incorrect but until there is a ruling in the opposite direction, this is what they will follow. I anticipate Codes will also take this position at the renewal period for existing permits.  Codes are currently determining the number of HPR permits that have been issued. They have not determined if that means they will revoke permits or simply not renew them. 

https://www.nashville.gov/mc/ordinances/term_2015_2019/bl2017_608.htm

Does this mean my home, which is an HPR, that I have an owner-occupied permit for will no longer be renewable? Unable to get an answer from anyone at Metro Codes or from an attorney at this time. 

Thanks,

Joe

[Steven74]

Hi @Joe301,

The permit for one of our HPR properties actually expires next week.

We went to the codes office a few weeks ago and the renewal of the permit was denied citing a reinterpretation of the code.

We originally got the permit prior to the code going into effect but that made no difference.

We showed up at a city council meeting shortly after but there was no time for us to be heard. We're going back in January.

Are you a member of NASTRA? There's lots of noise about this issue in their Facebook group.

Deciding not to issue or renew permits only for HPRs is arbitrary and ridiculous. 

st

[Nicole827]

Hi Steven,

I have all the hosts in Salemtown that will join you to the council meetings. Can we please arrange which day? We will be much stronger collectively!

// Ariel 

[Joe301]

Hey @Steven0

So you received your permit before the February 2018 rule change? I thought all permits were grandfathered into the system if you had a permit before that date? Are Codes now just not renewing any and all HPR homes unless you own both the HPR homes on the lot?

I have an HPR home that has an Owner Occupied STR permit that was issued on May 1, 2018, so I know I fall into this new bucket of having mine revoked. As far as I'm concerned this is illegal/unconstitutional to issue a permit and then 5 months later say that it is now revoked without grandfathering everyone into the system. Of course, that is because they insist that it is a re-interpretation and not a new law. A new law would probably require everyone who received a permit previously to be grandfathered in. Seems like a lot of attorneys in the area agree. 

I am a member of the NASTRA group but I have not heard of any updates in a few weeks since the initial news. I have also not received any letter revoking my permit as of today.

If you want to connect or if anyone reading this would like to connect via text my phone number is ****. I think it would be beneficial to stay in contact if you hear any updates or news.

Thanks,

Joe

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[Jessica744]

Not sure if anyone has an update on this- we received our permit on 2/21/18 and just got the letter today saying it’s revoked as of 2/15/19. We bought our house solely for the purpose of renting out the basement apartment. Looking to join a lawsuit of some sort. 

[Grover0]

I've filed several lawsuits against Metro for this action. As of today, Metro issued an agreed order to my clients who had filed suit. In the order, any person with a permit issued will not be revoked while we are in litigation. Hopefully, they will change the law. 

[Scott630]

Hi @Grover0 , Do you have an update on your case?  I was considering buying the second unit on my HPR lot and was wondering if if I could Airbnb it since I would own both units (not attached) now.  I'm not clear on the laws so any insight would be very appreciated. Thanks.