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.  

[Chris146]

Zoning zombies can be really frustrating. Suggest you arm yourself with information by reading up on the municipal code. You'll have to drill down on the definition of what the code considers "bed and breakfast". Lawyers vetted the language of the specific rules and though they are by professional nature, thorough, there is always more than one way to interpret language.  If you are serious about your AirBnB relationship, you should definitely speak with an attorney. Your township's code enforcement office will refer your case to the staff attorney if you contest the citation. The issue is they have essentially charged you with civil misdemeanor and will likely require that you appear before the zoning board or magistrate to answer for the violation and admit or defend it. Policy varies from state to state.  I have been through a very similar situation and it is shocking the level of authority a municipality has over your manifest property rights. Rules of evidence and due process seem to not matter, but for many years I have relied on a great legal aid service. (legalshield.com) The value of having very affordable, near on demand  access to an attorney for advice is priceless and he or she may be your best ally to put to rest the issue for the lack of understanding by your township what AirBnB is and what it is not.  Good luck. 

[D0]

Thank you Chris.  I know your insight will be helpful.  I am in the porcess of finding the right attorney and trying to gather the list of people in my area that also received the letter.  The article in the local paper said over 300 homes in my area were noticfied.  That is great for me if I can connect with them because there are power in numbers.  I will also look into legalzoom.

[David126]

You do not metion if short term rentals are allowed?

[D0]

There is nothing in my zoning currently for short term rentals.  I am not using the term with them until I Acquire a lawyer as I know as soon as I say the term a new rule will go into effect,

[Gerry-And-Rashid0]

You need to ask the township for the regluations for short terms lettings, bed and breakfasts, etc....

It could be that your neighbour has just said you are running a B&B, without necessary approvals - you really need to understand the local zoning, regs and requirements first.

Also, might be worthwhile checking with any nearby hosts to see if they have investigated this issue and what they found.

[Maria-Lurdes0]

If you are operating a business (and you are, as we all are) then you need to be in a zone where commercial activity is allowed.  You are probably in a zone that is strictly residential.   You'll have to apply for a zoning variance which is a massive undertaking.

Basically, they are trying to shut you down by using the biggest tool in their kit.  

You can start with looking for a zoning map of your town but that's only for reference, as you already know from the letter that you're not in the appropriate zone.   You can look all around you and see if neighbors are operating businesses out of their homes as well (hair salon, tax prep, dog grooming, etc)  That might help if you decide to appear in front of the zoning board to ask for a variance - you can also approach your town and request that you be allowed to honor the commitments you've already made, and that you will cease from taking any new bookings while you work to become compliant.   

You'll have to do a bit of research as it's a big issue and one that is not so easily solved.   I'm very sorry that you're going through this.   

[Karin5]

 I had to apply for a variance for my Airbnb (you'll see the whole story at the last post of this thread) and I got denied. too many neighbors opposed. When applying for a variance, it gets a number of nearby neighbors involved, and if they didn't know what you were doing then, they will not.

My variance was denied because Airbnb use is classified as tourist use, which is not allowed in residential districts. In June of this year, right around the time I was reported. they came out with an ordinance to only allow transient dwellings in commercial districts, but I've had my listing up long before then...before there were any oridinances at all about transient use. I own and live in my house (it is a single-family home, not in an HOA), even after explaining it to the zoning board, it did not score with them.

I have a chance to appeal, but I will have to see if the financial trade-off is worth it, and if I do not get a number of hosts on my side, then i will just lose the battle again like I did for the variance meeting. if those same neighbors are notified that I'm appealing, then it may not be worth the money and effort. They will just show up and oppose it again.

Lawyers are rather useless, I spoke to a few and they did not want to get involved in issues like this, and they just told me to apply for the variance. Thank god I did not spend money on one for representation at the zoning hearing, because me and one lawyer would not have won this with that many neighbors showing up and opposing.

[Ann754]

Hi Karin, What ever happened with your battle with the township?

Thanks!

Ann

[Karin5]

I ended up selling the property,because it went into foreclosure, and moved to North Carolina.

[Curt0]

I am not sure of the situation now (8) months later.  But Maria you say she is operating a business out of her home.  Most zoning codes that I have seen define home businesses as home occupations which are like a beauty salon, or car repair and the like.  Airbnb does not fall into that classification.  I doubt that you filed your airbnb income as a business income.  Curt

[Helen3]

Hi Donna

It's not clear from your post....did you check with your local authority before setting up on BnB that you were allowed to rent out your accomodation? If so, are you saying because you offer a room in your home/rent out as self-catering, rather than bed and breakfast that they are fine with this?

 If so, then you don't have a problem and don't need to be researching anything, just clarify with them what basis you are renting out your home and how you meet their criteria.

If you decided to rent out your property without checking if you were allowed to and now have up and coming booking you can't actually honour because you aren't allowed to rent out in your area, then I would say contact BnB as soon as possible, so they can try and arrange to accomodate your up and coming guests, to make sure they have somewhere alternative to stay.

[Allison2]

Hi Donna,

Call or search online for your city/county regulations to see what sorts of permits you need to have in place. In some places they're called Bed & Breakfast, others Tourist Home permits. They're often granted through your city or county clerk's office.

When you sell rooms in your home for money, you're going to be classified as some sort of business. As with any business there are legal, tax and insurance issues you need to address before you start selling services.

Airbnb has a list of the things you need to consider before listing here:

https://www.airbnb.com/help/responsible-hosting

If you're not operating legally, see if your township will work with you to do so (hopefully without cancelling your current reservations)

While we might think of a "sharing economy" that shouldn't be touched by governments, the permitting process isn't really "close-minded". It protects our guests (that rooms are up to building and fire codes) and the neighborhoods in which we operate (my city caps the number of permits within a certain distance of each other so residential areas don't become de-facto hotel zones).

Other hosts in your area might be able to provide advice on dealing with your local regulations.

Best of luck to you!

[Tim57]

I had been hit with a Zoning Violation as well.  Had a hearing this morning.  I have hired an attorney.  The code seems to restrict the rental of free standing house or apartment to no less than 30 days.  There are over 300 home shares in the area, which is a summer beach town.  I am told the building department is going "door to door" to find listings and "shut them down."  I happen to have someone coming next week for one month but I have number of other guest plans and it is unclear if I will able to continue.  August 5th is the next hearing.  Attorney fees are $1,500 and the fine is likely to be $250-500.

In 2010 law in NYS it is technically "illegal" to rent an apartement is a multi unit dwelling (defined as having more than 3 units) for less than 30 days.  Legislation sitting on the desk of government Cuomo would make it "illegal" to even list a property on the internet for rent less than 30 days.  There a number of cities which also have local zoning issues that restrict rentals to 30 days.  

There is a significant Hotel and Real Estate Lobby, claims that Airbnb "hotels" have led to higher rents and a history of extensive regulation in housing.  

This makes NYC and NYS are very hostile to home sharing and while NYC is the largest Airbnb city by far, it is risk of being completely shut down.

[D0]

I can completely sympethize.  And if I was staying in New York the only place I would want to stay is an airBNB.  Please if you have a moment let me know how it goes.  Have you gotten others to get on your wagon with you and share in costs.  That is what I am planning to do.  Fight it as a community instead of one by one against the big bad municipality.