Note from code enforcement officer - neighbor(s) complained

. Same here, they collect tax on our behalf in Florida so it must be legal. I wonder why they in fact complained after a year and a half. If its the same neighbors. I am doing it for 15 months, and iknow one neighbor where i live and rent out 2 rooms does not like the fact that there are people here in and out. But i have very good neighbors and we live here 16 years, and like friends. SO, noone at all even said anything to us.

The tax collection doesnā€™t start until July 1, which is not too far away. I wonder if this upcoming law could be used in my defense? I still think this is something I should discuss with an experienced attorney. If AirBnB (or short term rental in general) officially becomes legal on July 1, then I think it would be a waste of time and money to apply for that variance (those can take a month to be heard in front of the zoning board)

Code enforcement officers can get overzealous and would probably just ignore anything further I tell them, which is why I should have an attorney assist me.

R2 means residential for single family or duplex housing. I.donā€™t think commercial use is prohibited al togetherā€¦thereā€™s a landscaper on the next street who uses his home address as his business address, and itā€™s on his website, and has his company truck parked on the driveway. But then Iā€™m sure e has a permit/licenseā€¦ So I donā€™t think the issue is just operating a business in general, it seems to be the short-term rentals.

The issue seems to be just me and my AirBnB, I donā€™t know what kind of ā€œbigger issueā€ this could turn in to.

I also have 2 rooms , they are upstairs with a bathroom in between, but I treat the whole upstairs as one whole room (its like a hotel room with 2 beds just that there are doors for privacy) since my listing accommodates one party of 4, I donā€™t see how itā€™s some ā€œboarding houseā€. I donā€™t generate huge amounts of noise/trafficā€¦thereā€™s never more than one car on the driveway (besides mine) if I had multiple rooms listed separately then I can see how an issue could arise.

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I really do suspect that this code officer does not understand airbnb or the law. I think it is imperitave for you to find out what code, exactly, you are violating.

@konacoconutz and I can tell you that, come tax time, you will fill out a schedule E, which is supplemental income or loss, not schedule C profit or loss from business. You really are not running a business, you are renting out rooms.

Ask the code officer ā€œwhat if I had long-term roommates? Would that change the issue?ā€ If yes, then, ask to see the ordinance against STR.

Renting out rooms in your private home is not a business according to the IRS.

The only question is - does your county/town/state have an ordinance against STR?

Lucky my. For years my neighborhood had been occupied by immigrants who were packing 3 - 4??? families into single family homes. So a few Asians or Europeans showing up with rolley bags is not going to raise anyoneā€™s ire!!!

The code officer said nothing about the issue being short term rentalsā€¦she just said I was operating a business in a residential neighborhood, despite me telling her I live on the property and the guests share the same parts of the house that I do. I didnā€™t ask about long term rentals, but according to her, simply because I am generating income and have an advertisement on the internet appears to be the issue, and I would need a varianceā€¦which leads to getting nearby neighbors involved and I would go to a hearing in front of a zoning boardā€¦but Iā€™m speaking with an attorney before I do anything.

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Good Decision. Many people do not understand what airbnb is.

Good luck, and please keep us posted!

@dcmooney Airbnb isnā€™t regulated by my city yet but my modest neighborhood is definitely to my advantage. Itā€™s a safe neighborhood but not very upscale. Iā€™d be very surprised if anyone around here complained. Frankly there are other families on my street that are more of a nuisance. I can see that if air bookings bring a lot of extra traffic to a street or take up street parking spaces or cause car doors slamming and alarms beep arming and dogs barking that it could be a problem. @kasage00 if you are going to have to talk to your neighbors to get a variance you may find out who reported you. As someone who reported a neighbor for accumulating more and more junk, including cars, in their front yard I really appreciate that authorities keep our reports anonymous.

Most towns have language in their ordinances similar to the New York thing that was just signed. The language specifies that it is forbidden to advertise your rental on any platform. I know that this language is in my local city ordinance, but so far itā€™s been ignored. I think most towns have very similar language and they pick and choose how they want to enforce it. STRā€™s are basically not legal in many, many US towns and I know that in my town getting a variance to the zoning would be one of very many hurdles Iā€™d have to jump. If city officials are savvy, they embrace short term rentals and the benefits. If city officials are old guard, they only care to maintain status quo. My opinion, for the very little itā€™s worth.

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I think dcmooney is right, that that officer does not know what she is talking about. Lawyer is the way to go.

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@superhostnyc
It is only illegal for mult-family dwellings OR for apartments where the host is not present and only stays less than 30 days. If you rent a room and you are present it is legal in NYC. Thatā€™s separate from any caveats in your lease of course. And, the governor has yet to sign it into law.

Is the code enforcement officer aware that you also live on the property? Do not assume she already knows that.
As someone posted on here I also thought I saw something on AirBnB (Iā€™m not sure, if that applies to all other STR sites as well) came into an agreement with PA and will be collecting occupancy taxes, starting July 1. That sounds like AirBnB will officially be legalized throughout PA ā€¦not just in Philly.

By the time you go through all this variance stuff, and get to the zoning board, AirBnB will be legalized. Donā€™t waste your time and money. Screw the code enforcement and screw the neighbors. If you speak with an attorney, show him the article.

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Iā€™m not sure if sheā€™s aware, I thought she knew that but it didnā€™t seem to matter much. Yes I also thought as long as the host lives on the property, there is no issue with STRā€™s. I saw many listings in my township that are renting out the entire home, I wonder if they ever got reported?

What I was under the impression of in NYC, the short-term rental issue applied to NON-owner-occupied properties, not those where the host is present.

@kasage00
Hereā€™s the law: 1-2 family homes are exempt
Multiple Dwelling Law. The New York State Multiple Dwelling Law restricts renting out a Class A multiple dwelling for periods of fewer than 30 days. The definitions of ā€œClass Aā€ and ā€œmultiple dwellingā€ can be found in Sections 4-7 and 4-8 of Article 1 of the Multiple Dwelling Law. The law exempts rentals to a ā€œboarder, roomer or lodger,ā€ which has been interpreted to mean that, in general, if a guest shares the apartment with a permanent resident who is present for the duration of the rental (i.e., a ā€œshared spaceā€ rental), it is permissible under the Multiple Dwelling Law.

Though i am not in NYC, Iā€™m in a single family home and I am the sole owner, and I rent out 2 rooms (though treated as one room) and I still had an issue. What is described for NYC sounds very much like what happened in Philly, then STRs officially became legal in Philly last July. Now it seems like with this upcoming law in PA, the whole state is following suit .

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Possibly this code enforcement officer thinks youā€™re packing 3 - 4 families in your house and putting people in places thatā€™s not meant to be living/sleeping space? If it is true someone reported you solely based on your AirBnB ad, maybe they didnā€™t read the full ad. It sounds like they wanted to quickly cite you based on the neighbor complaint without doing a thorough investigation.

I donā€™t know whatā€™s going through her head or what wacky thoughts she has, but I am going to let the attorney handle her.

I also had the same idea that it could have been a guest.