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There is no basis in municipal law in this jurisdiction for claiming that regulation is “excessive.” None. They know it and I would expect they would know I know it.
I am intimately familiar with the mindset, and filing what would be perceived as a nuisance lawsuit would not give them pause, it would make them more determined to stand their ground with me in particular
Comparing the political and institutional culture and the legal landscape to New York City is way off the mark. If I’m going to get compromise, it’s not because I’m in a pissing match to see who can be the biggest, posturing asshole. That doesn’t work when the government knows it is on firm ground and knows the local public is totally indifferent.
That is, of course, how I see the bylaw.
However, in the public square, at city hall, and in court that argument wold be seen as self-serving and frivolous. The municipality has broad (and well-tested) powers to regulate business being conducted in residential neighbourhoods. I will never win this if my opening gambit establishes me as a self-entitled, above-the-law kook.
This is Canada, where snarling belligerence is viewed as a character flaw, and not as an admirable and respected sign of strength.
That all makes sense to me. In line with existing STR rental regulations in most places. I’m curious how actual B&Bs will survive though. This renders those illegal. Hotels with efficiency kitchens, too.
Hotels are still legal because this is an amendment to the bylaw regulating home based businesses. Bed and breakfast are legal because they comply by providing meals, a point I did not share because it is outside the business model of almost all Airbnbs (and certainly mine).
Interesting bit of research – three months before the city announced these restrictions, their economic development committee met. One item on the agenda was filing a draft 2024 Economic Development Work Plan where the #1 priority was “attracting investment for hotels.” A separate discussion item was “Airbnb’s impact on local hotel development and revenues”
2 + 2 = 4
The only thing I’m left wondering is how much “hotel developers” are contributing to local election campaigns.
I cannot think of one of our guests who – if they couldn’t find an Airbnb in this tiny suburb – would stay in a hotel rather than going five or ten minutes down the road to an adjoining suburb. Most of our guests had never even heard of this particular suburb before they booked us – they just wanted to stay in a house with a yard away from the busy downtown.
The small town in AZ that I hosted in for several years and had no STR requirements has now implemented several. Now you have to register with the town and pay $50, no problem.
Now required that you have to have $500,000 liability insurance and here’s the really odd one, within 24 hours of a booking you have to do a sex offender background check on the renter.
I’ve noticed there are fewer older Airs left there that were there when I left about 6 years ago.
The governments are using airbnb’s as a scapegoat for their lack of building, red tape discouraging building, terrible landlord laws that have allowed squatters and those who do not pay rent to flourish-driving landlords out of the business, greedy govt agencies that want extra licensing and regulation fees, foreign investors that buy property to launder money… And blaming it all on airbnb owners- many who are seniors and those on low income… Its a terrible thing they are doing.
