Anyone have to go in front of their municipality for a variance?

Hi Sarah,
I want to say how sorry I am about this. I know you were an excellent host and an asset to your community. I would try to do more research with your municipality to determine if you spend the money you will be granted the licenses, permits to rent through Airbnb. Maybe while you do this you can get a tenant for the next 6 months to help cover the costs. I don’t know your area but here in NY if you use a realtor to find a qualified tenant the tenant pays the fee and they do a background check and qualify them. They will also colllect advance months rent on your behalf as well as a security deposit.

2 Likes

So… I’m in NYC. New Yorkers have a… complicated relationship with bureaucracy.

I have not done this (honest!), but long before Airbnb, people were getting around rules against str here by drawing up standard leases.

But wait, there’s more.

While everyone “officially” agreed to rent for a month (thereby making it legal), it also said that if either host or tenant wished to end the lease “early” they would be charged (whatever the amount agreed upon for the period the guest actually wanted)

I know people who have been doing that for 20 years. In your situation, I’d switch to that method to get through whatever bookings you currently have while you pursue getting a license/ whatever your town requires.

Good luck!

5 Likes

I’m about to run out the door so I haven’t read all the responses yet, but I may have a leg to stand on!

state law: “441.007. No owner, as that term is defined under section 67.5110, shall be required
2 to obtain a business or occupational license by any political subdivision of the state for the
3 sole reason that the owner offers to rent or lease, or in fact rents or leases, real property
4 to a permanent guest or rents to transient guests for no more than one-hundred eighty-two
5 days in a calendar year.”

I didn’t reach 182 days last year or this year yet. I may have a case!

8 Likes

That’s good news although I would have thought the person at the council that you spoke to on the phone would have pointed out this loophole if it was an option.

Fingers crossed.

2 Likes

We had someone post here with this exact same issue… sounding the exact same as you. I think she worried for a bit about the variance and all that and then kept on hosting. The supposed notice was handed out because of a neighbor and then there was no enforcement after that. I forget her name! Anyone else remember it?

1 Like

I remember, she’s in PA but I don’t recall her forum name.

The user was kasage00

2 Likes

Who in city government knows anything about state law? They’re just an employee doing what their boss tells them to do and since I’m the first case of this coming up they’re unfamiliar with it. Often municipal law supersedes state law, but in this case it’s one of those new “AirBnB laws” to protect homeowners from municipalities, and since I’m the first case of this coming up, my city hasn’t created a loophole to get around it.

1 Like

Write to Kasage and ask her what she did. She was in your exact circumstance.

I have no advice to give whatsoever but just want to show some luurve for this forum and say what a great response from everyone :clap: :clap: Hope it helps you, Sarah. Best of luck.

2 Likes

You have a great memory! Wasn’t until I read your post that I remembered that thread, but I certainly don’t remember who it was.

1 Like

That’s great news, I hope you can continue!

2 Likes

Someone else remembered her name! She as also the one who had two (foreign–not going to name the nationality) parents stay for a few months cooking up a storm and taking over the house and not speaking English while the son worked every day.

1 Like

Sarah when I started I wanted to be legal so I inquired with the county zoning board. Per the zoning laws I was not allowed without a variance.

The zoning board is comprised of 5 builders active in the county. They were paid by the citizens to look out for their own interests…err I mean the internet of the citizens.

Fees were required. Appearing before the board was required. Ugh!!!

I handled it by writing my neighbors a personal letter attesting to my “neighborliness” and requesting the board grant the variance and that they had no objections.

I personally went to each close neighbor and got them to sign their personal letter and even got my next door neighbors to agree to speak on my behalf.

like has been mentioned look at zoning laws, then county laws, and finally state. Good luck nothing happens fast with government. Keep us informed of your status.

3 Likes

That does sound like you are going to have to go though layers of bureaucracy. Best of luck.

1 Like

You need an attorney familiar with this area of law.
I do think that Bed and Breakfast and Transient rentals are prohibited under your town zoning, and I have no idea if state law takes precedence.
I suspect the zoning is the the key, and the narrow zoning is likely allowed.
@Alia_Gee gave excellent advice if you have the strength to follow the advice, and if the town does not chase you. Or you may then also be defending yourself in court.
This is a national issue affecting many towns and communities.

1 Like

I’m headed to city hall this afternoon. The good news is we have an old survey that they said is sufficient that is saving us $750. I’m trying to contact the state bill representatives that are working on our local AirBnB law. I’m just thankful I listened to that little voice a month back that told me to take on a 2 month direct booking that I wouldn’t normally take, because my listing is shut down until November at the earliest! They didn’t say I had to cancel what was already booked (so far anyway), and as it is MY guesthouse and this 2 month stay is working with my dad and brother-in-law…

3 Likes

Its been almost a year, how did it turn out?

RR

She has posted on another thread , see the one about the FB harassment.

1 Like

Check out my recent post about being harassed on FB. I go before planning and zoning at the end of this month, and then before the city council on 8/13.