Note from code enforcement officer - neighbor(s) complained

Yes I do feel picked on. With the way how all this is going, the zoning director…and the attorney…are making me feel like i’m converting my living room into a diner which would generate a large amount of traffic/noise, but i’m not making any changes to the property or anything. If they feel this is a “business” why not just a simple permit or license (which I will ask about). it sounds daunting facing that zoning board and involving nearby neighbors…I never pictured my AirbNb coming to this!

I thought maybe a long-term or permanant roommate would be less of an issue, if it is true neighbors complained about random cars coming in and out…and I was still never given the details of the complaint, and the attorney said he didn’t want to get into it…he said “what’s done is done and it is something we have to correct”.

I also feel like the zoning director’s goal is to make me give up…but i am not doing that. It is my property and i live in the house, and my guests live in the house like any other resident.

So does this mean that every one who does business from their home is in violation? I mean… I am a writer and work from home. Does that mean I couldn’t work from home in Pennsylvania? What about all those soccer moms doing amway or Avon?

What if you went to all this trouble and expense and the variance was denied?

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I thought the same thing, how this is different than any other home-based business…all home businesses generate income by use of the property…and gee, this is 2016, home-sharing is on the rise…

I never heard of home based businesses being completely banned in Pennsylvania. A business in a residential zone is nothing new here.

I am also afraid of going through all this time and expense and the variance gets denied. There are so many hosts in my town and I’m wondering if they also got caught and have to apply for a variance. In fact I saw a few new listings just today, and they are in my jurisdiction.

I’m also leery of this attorney, whether he’s just tying to suck the money out of me…I’m getting a ,2nd opinion before I go any further

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Yes - a second opinion is a great idea. I once came very close to allowing an attorney to suck me into suing my employer - thank God a friend helped me realize that lawyers make their money (often) by pursuing conflict.

Not that all lawyers are bad, please, don’t let’s fight about that.

But this just seems wrong, wrong, wrong!

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Just wondering if your listing is still active and showing up in searches since this happened?

Yes, I just searched using my town’s zip code and I just messaged a guest using AirBnB’s messaging system

I’m glad to hear you’re going to get a second opinion. The fact that the attorney you have “didn’t want to get into” the details of the complaint, among other things, makes me take pause. Any attorney who is charging you money had better well take the time to assure you, as his/her client, are satisfied in terms of knowing what is happening.

I am so sorry this is happening to you and the whole situation makes me so angry for you! You can’t tell me that a different extra car in your drive is really causing any trouble for any of your neighbors, assuming your guests don’t make a ruckus, which you’ve claimed they don’t. As another poster theorized, I believe this is a spiteful neighbor who is jealous that you are making money and he/she isn’t.

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Well at least your listing hasn’t been pulled…yet. :slight_smile: Keep checking because all it would take is your neighbour making use of that new feature on Airbnb. Stay anonymous on this forum while you’re going through this. I would delete all of the identifiable info you just posted.

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Oh wow, I never thought of that, yes I just edited my last reply.

I did not receive any official violation notice from the town and it’s been a week. I’ve had guests since then and there has been no new complaints, and never anything from AirBnb either.

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Hi @kasage00

What documentation did the attorney provide for saying this? Always ask for documentation. Also, has the zoning board actually sent you a notice?

No documentation whatsoever from the attorney…everything was verbal…i met with him a few days ago. I did not sign anything or pay him. I received nothing from the township since then…never an official “cease and desist” or anything…the only thing was a week ago when the code officer taped her business card with a written message to call her, on my door…nothing since then…

Ok, to be clear. This note you mentioned in the first post is the only “official” intimation you have ever received? If so, you should not take any action unless the attorney provides documentation. And not necessarily in that case either, obviously. You definitely don’t want to make any decisions based on a verbal opinion. And if that note is the only thing you have received, have you responded in writing? And make sure to send all official correspondence by registered post acknowledgement due.

Call me does not result in a date! This is so unofficial and you should talk to other attorneys.

I was thinking, did she just give you a card?There was nothing like a warning or violation?
If thats the case, then this is nothing.She should give you an official paper stating that there is some sort of violation.
ALso, i dont really like how this lawyer sounds. I think he is trying to make it a bigger deal than it is

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@faheem

That’s right, the business card taped to my door is the only notice I received. I would by now if the township were to send anything official I would have received it by now. My only response was calling the code officer back. I didn’t respond in writing. The attorney indicated that he only spoke with the zoning director, who is the code officer’s boss (the code officer never returned the attorney’s calls) but I don’t like how the attorney agreed with the zoning director right away about the variance and not other options, such as a permit or license

I agree that if my Airbnb was a real issue in my neighborhood then I would have received an official violation notice, I would also think so if a neighbor actually reported me then the code officer would have done more than just tape her business card to my door. I agree the attorney is making this a bigger deal than it really is, and a variance is a bit extreme for just having occasional guests in my house living like standard residents…its not like I’m turning my living room into a restaurant or anything.its sounding like the attorney is pushing it to get his money.

Agreed. Don’t trust this guy. Ask any attorney to provide a written opinion based on laws before taking any action at your end. And have you considered writing a letter as a response to the note taped to your door? You could say - I called, but nobody answered - or something like that. It doesn’t sound like this note is an official notice, so probably no action is necessary. But a competent attorney would be able to advise you.

May be it was already discussed here but I missed it: what is the law in your state/ county about short term rentals? Is it actually alowed? Or not? In Broward where I live it is very much allowed, and also in city of Hollywood. Since February we have all kind of regulations that was not there before like no more than 2 people for a bedroom, number of cars parked, no off driveway parking and so on.
But IT IS officially alowed.
Your lawyer first should find out about that instead of calling the code officer and be prepared with information.
I think the code people just had to follow the complain but then they don’t know what to do with it.,
The variance is total nonsense, the more I think about it.
You can generate income from your home even babysitting or giving massages or selling stuff on Amazon.
But first find out if there is a law in your county that allows or not short term rentals. If it was not forbidden than it is allowed

Kasage00

Yes, I’m also not sure of this attorney. He seems to be siding with your township rather than you.

Hmm how do we know this reporting you was not made anonymously by a rival host in your town, attempting to get you shut down?

Well officially starting July 1 Airbnb will collect PA taxes on behalf if hosts…and the governor of PA came an agreement with AirBnb…however I’m not sure if that will help kasage00 with local issues