Residential District Code Violation - Town of Salina NY \ Liverpool NY \ Syracuse NY \ Upstate NY

[Walter197]

My neighbor complained about my AirBnb, the Town of Salina NY told me that "Nightly AirBnB rentals" were prohibited in residential districts as a "business, commercial and industrial", the notice then told me to "stop all AirBnB operations"

I challenged this in court and lost with the following argument:

1. If renting is legal
2. Then renting is not a “business, commercial and industrial"
3. If rental lengths are not regulated
4. Nightly are just as legal as monthly or yearly

As I see it I have a few options…

1. I can appeal the court’s decision, and challenge this head on with a similar argument and see how it goes
2. I can change my minimum length of stay to 30 days which should be well within my rights and show the town that it cannot force me to “stop all AirBnB operations”
3. I can change my minimum length of stay to 5 days which should solve the notice of running a “Nightly” rental and may push the court to choose sides and make them consider what constitutes a “Short Term Rental”

I’ve read a bit about “Short Term Rentals” and in NYC the real issue there is running an AirBnB from a “Multiple Dwelling” building and whether or not the owners are present while the guests stay at their home.

I’m always home while I have guests, I own my own home, and it seems like this isn’t an issue for Hosts in NYC.

Any thoughts, advice, would be much appreciated.

[Walter197]

Thanks, I'm thinking about fighting from the angle of "Due Process" (14th Constitutional Amendment) which dictates that that Law must not be arbitrary, capricious or retaliatory.

According to the town, the "General" understanding of a "Single Family" home in a R1-Residential district allows for 30 day rentals, but views rentals for less than 30 days a "commercial business". If this isn’t arbitrary and capricious, than I have a lot to learn.

[Delphine-And-Michael0]

@Walter197

Can vary from state to state, 30 days or greater generally  changes  the landlord/tenant relationship where tenants are protected under state laws, for example you would now need to give the guest 30 days notice to vacate.  That may be the pivot from commercial to residential.

Look at your C of O does it explicitly state you can not have transient rentals or define a duration that is acceptable?

Could you enter into a corporate apartment lease without a municipal violation?  1 and 2 families in NYC often do not have th C of O restriction to prevent tne rental.  Your municipality may cite you for something else though just not what they stated.  You may start something with them where they fine you for something else.

Could you enter into 1yr leases with a notice to vacate date is less then 30 days from the start of the lease?  The court would ask you if you have a lease you would provide that for example which would be a standard lease.  I would  try to figure out what you can do besides traditional leases.  

End of of the day you need a lawyer most likely, hard to do these things yourself.

[Walter197]

Thanks again!

I did here of an eviction law that states if the lease term is less than 30 days, no eviction notice is necessary. This would be helpful if I knew where the law was, because it shows that lease terms can be less than 30 days.

[Mark116]

I can't verify this is accurate, but I thought I read a homeowner had challenged the 'commercial use' issue in Texas and won, if this IS true, you might research what the legal strategy was in that case and see if you can apply it in NY.

[Andrew216]

I'm in uk. (so not sure of NY) If it is your home that you live in then they can't do anything. Whether 1 night or 100, it's up to you. List it under a different listing? What's bothering your neighbours??? Andy

[Walter197]

Yes, that's one way around this, but it forces me to go into 'hiding' i.e. I can't have a pic of my house, I'm tempted to just pull my profile for a while then re-list with different photos and no outside photos, but I just can't stand the town telling me I can't have a short term rental in my home.

[Amy870]

This is helpful! I am in on the Town of Perinton , NY, near Rochester,  and I am appearing before the board on January 28. The fire marshal has been to my home and he said he will be at the meeting and will have nothing but positive comments. I live in a single-family residence with an Inlaw apartment. I started Airbnb in September 2018 and have had roughly 25 guests. Nothing but wonderful experiences and positive reviews. Most of my neighbors have been supportive, all but one. She wrote an exhaustive letter which is rooted in fear and speculation. She is worried about sexual predators, plummeting property values, kids getting hit by cars because guests are unfamiliar with my driveway, you name it! This is how terrorist want us to live. It’s ridiculous. I don’t think she realized I was going to get a copy of the letter she submitted to the town, and I called her on it. She lied about a couple of things. First of all, she claimed that she’s had three attempted break-ins since I started my Airbnb, which is a lie. And she also claims she has been trying to get a hold of me, another lie. I am a real estate agent and spend most of my time working at home. She’s never knocked on my door, but she has knocking on neighbors’ doors, misinforming them about Airbnb and instilling fear, needlessly. 

UGH. 

[Kim348]

Hello Amy, I am preparing to airbnb in Brighton - and I really wonder how your appearance before the Board went?  

I have co-hosted and hosted various airbnbs, and had experience in CA where some cities tried to completely regulate airbnbs out- they made it so difficult it was nearly impossible to do.  I'm worried about the future legality of renting through airbnb in Brighton...

I would appreciate knowing your experience.

Thank you!

Kim

[Delphine-And-Michael0]

@Walter197

i was trying to get you over 30 days to alleviate the transient rental making it what your municipality seems to be defining as commercial.

anyway a lawyer should be able to sort it out for you.

[Jo389]

@Walter197

Have you been able to come up with a resolution?  I also live in the town of Salina and received a notice today.  When we called codes they told me that although they have not received any complaints about my property, they are now actively searching out Airbnb properties in the Town of Salina.  I put a call into Airbnb, but I’ve already begun contacting guests to inform them I may need to cancel.  Have you been ticketed? I was only given till 9/27 to comply and I have guest coming this weeekend. 

Thanks

katie 

[Walter197]

What does the violation say? 

They claim that my AirBnB room constitues a "commercial business", I think you should challenge this along with me, if short term rentals are allowed all throughout ADK, and if multiple dwellings units are allowed to rent so long as the owner is present during the rental in NYC then I believe we should be able to do the same here, this isn't settled law!

Here's my violation and the court ruling that I'm planning to appeal...

https://plus.google.com/u/0/communities/102371546103004723190

[Diane511]

Received the notice of violation order to remedy from the town of Salina today. They are giving me until the 26th to remove my listing from Airbnb. Are other people notice removing their listing or plan to? Did you remove your listing Walter?

[Walter197]

What does the violation say? 

They claim that my AirBnB room constitues a "commercial business", I think you should challenge this along with me, if short term rentals are allowed all throughout ADK, and if multiple dwellings units are allowed to rent so long as the owner is present during the rental in NYC then I believe we should be able to do the same here, this isn't settled law!

Here's my violation and the court ruling that I'm planning to appeal...

https://plus.google.com/u/0/communities/102371546103004723190

[Diane511]

The memorandum of violation States that District regulations R4 multiple family residential district prohibit all businesses commercial and Industrial uses . I will not hire an attorney to argue this but have not had the time to look up the code. I only have 2 days and am very busy. Are you still on airbnb since your court decision?

[Diane511]

I have to cease all business operations by 9 26 18 or a ticket will be issued