Yes, because apparently the “2 recent complaints” seemed to happen within a short amount of time of each other, and the odds are too small for 2 different neighbors to, out of the blue, report me on suspicion of “operating a business” at around the same time.
Kasage00, After reading through this thread, I would say most likely this complaint was triggered by something a recent guest did. Seeing you’ve been doing AirBnB since January 2015 and never a complaint, then out of nowhere the code enforcement officer notifies you that there were 2 recent complaints…i find it odd that those would be random reports , if the complaints were made around the same time.
You, as the property owner, have the right to know the details. It seems like the code officer was very vague in the details. Hopefully your attorney can fish some information out of her. I’m sure this officer knows more than what she’s telling you.
And be sure and let us know what the attorney says and what the outcome is.
How official looking was the document on your door?
It wasn’t a document. It was her business card with a handwritten message saying “please call me”. That was it.
This sounds pretty unofficial. I’m not a lawyer and I’m not saying to ignore this but it doesn’t seem like you need to do much about this without more official notification.
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That’s why I’m in contact with an attorney. I knew this isn’t something I should go at alone. I hope I hear something back from him soon.
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@kasage00
Did the lawyer say anything yet?
After reading through all this- I have a fear sooner or later, a neighbor will snitch on me. I’m using this thread as a “heads-up” in case it happens.
When I started Airbnb I just went ahead and did it without thinking about local laws or what the neighbors will think. in this neighborhood, neighbors don’t talk to each other much and keep to themselves, so I don’t know if they would notice different cars coming in and out, or if they know who lives with me and who doesn’t. I lived in this neighborhood for 6 years and I don’t know who my neighbors are.
Frankly I would not know - or care- if any of my neighbors did Airbnb and I am not observant enough to notice if any nearby house had different card coming in and out all the time.
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R2 means Residental Zoned, translated means; no businesses.
Enforcement Officers in my community, try to find Vacation Rentals in order to bring them into the “fold”. Are you paying transient occupancy tax? Do you have a business license? Have you been inspected for basic safety adherance? Do you have enough parking for yourself and your guests?
Unless all of those items are checked off, our Code Enforcement Officer will hunt you down and the fines go steeper and steeper.
Finally; do try to speak and communicate with your neighbors. Their 'buy-in" is important and much better if amicable. In the end a permit may be issued or not issued based on neighborhood input.
Hope this helps
Peter
Nothing as of yet…nothing from the code officer today either, so at least there were no new complaints
If you’ve been reading through this thread, you will see kasage00’s property is his primary residence and is a single-family home, and I also saw he rents to one guest at a time, so assuming he has a driveway like all other houses, most driveways can hold 2 cars. R2 does not mean no home-based businesses in all communities…some may prohibit it all together but some allow it with restrictions. Seeing that kasage00’s property is not “boarding house” (though the code officer may not know that, as it does not sound like any investigation was done) he may not need a license. From what I gather, the code officer does not have all the facts straight, and probably thinks multiple families are packed in the house. I also saw he’s in PA, and officially short-term rentals in PA become legal July 1…so if he’s not paying occupancy taxes now he will then…which means starting July 1, airbnb and possibly other STR will collect taxes on the host’s behalf. I also read many people doing STRs do not need a license if they are renting out to just one person/family. The code officer cannot cite him for anything until all the facts are together…and the neighbors who snitched on him don’t have all the facts together either.
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Yes, it certainly seems like the code enforcement visit was hasty.
Should she keep renting on Air? I would. if she has bookings, she doesn’t want to cancel them over this, especially since July 1 is days away. If you don’t already have your TAT license, Kasage, go get it! If they return again, you can show them the license. Also have this information about tax collection ready to show them if they pop by your door again. I really doubt they will be back. But tsk to your neighbors who turned you in. Makes living there awkward.
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Another thing you could try is if the Enforcement girl shows up again… Have your taxes ready to show that it’s a RENTAL and not a business. (Isn’t your neighbor who rents to tenants on Craigllist "advertising"too? ) You also have the new legislation on your side too… Have a copy of that ready to show them.
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Here is the update…well, nothing to report really…my lawyer tried to call the code officer since Tuesday and she has not returned his calls…the lawyer left more than a handful of messages on her answering machine, and nothing. I’m not sure if she’s out of the office or avoiding returning his calls (I would think if she was out of the office her voicemail greeting would say so). When I responded to the code officer’s message on Monday, I left a message on her machine and she called me back in 5 minutes. After some time in her conversation…when I said i’m going to talk to an attorney …hearing the word “attorney” silenced her for a bit…it sounded like she was lost for words and just asked me if I would like to speak to her boss (the zoning director).
The attorney took some information on my property, and he told me I can continue operations since I have not received any official “cease operations” or violation notice…but nothing is able to go from here until he actually talks with that code officer and get the exact details of the complaint/violation.
I mentioned about the upcoming law on July 1 about the tax collection, but the lawyer was not too sure how that could be used in my defense, since the tax collections will be just for the state and not local government, but at the same time I thought this whole law was to officially legalize AirBnB in Pennsylvania…and if the governor of PA legalizes it, does this leave wiggle room for my small suburban town to still forbid it? I would think the governor would override anything the local government says…such as tell my local government “I’m in charge of the state, and if I say Airbnb is legal, then it is legal. tough bananas.”
@konacoconutz
can you explain a TAT license? I google’d it and all I got was something about Tourism in Thailand
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My neighbors have two mastiffs who bark constantly and they are loud. But I don’t mind they keep us safe! We also have loud motorcycles and loud people but that’s NYC!
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Transient Accommodations License. But as you have mentioned, it’s just a tax license. It doesn’t legitimize your Airbnb.
Right now things are quiet… but I have had LOUD wolf whistling parrots (right next door), barking dogs, meth head, drumming neighbors who also had motorcycles and muscle cars and lots of fighting… Both were renters)
The only time a guest commented was recently when more tenants moved into a nearby house and used F words in every other word and took cell phone calls late at night right in the driveway facing their room. She did edit her review when I explained it was an unusual situation.
I would keep hosting too, and it would take more than a business card with a handwritten message to make me stop airbnb, and the code enforcer cannot tell you to stop via telephone either.
I bet your township code officer has been sued on more than one occasion, if she just heard the word “attorney”; I also wonder if she’s just deliberately not returning your attorney’s calls. She may be afraid of attorneys. 
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According to my attorney, it appears I will still need the variance. Just the mere fact I am generating income from use of the property constitutes it as a business. But I live on the property so it is is being used for residential purposes as to what it is zoned for. The attorney said i would need him for representation for the hearing in front of the zoning board…and i know attorneys are not cheap! it’s also going to drag my nearby neighbors into this matter…along with a site inspection, photos taken, and all that…not good…
What would happen if you rented to roommates instead? Would you still need the variance? It sure does seem like they are picking on you.
If it were me I think I would become discouraged and give up. But of course that is what they want.