Virginia Dept of Health wants to classify my rental as a Hotel

After 4 years of hosting on Airbnb, the local office of the state health department has informed me that I need a hotel license. This is based on the fact that my rental has two bedrooms. Apparently if I had one bedroom, I would be exempt. I also would be subject to all the regulations that hotels are subject to, which are very stringent. Have to comply with them may well put me out of the hosting business. Just one example, if my rental includes a kitchen (which it does), I not only have to clean all the pots, pans, dishes, silverware, etc., I also have to disinfect them, post a sign saying they have been disinfected, and give notice that more disinfecting agents are available upon request. This is only one of a slew of regulations.

I suspect that this is a backdoor attempt by the hotel/motel folks to put pressure on the health department to force hosts like me to drop out. I am an airbnb superhost, and always keep my property clean, so I am pretty sure there have been no health related issues reported about my property. I would like to know if other hosts in Virginia are experiencing similar issues with the Virginia Department of Health.

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If you converted your two bedrooms into a one bedroomed suite (with lounge + basic cooking facilities + sofa bed) could you create as much income as you do with two bedrooms?

Doubtful. It would be an expensive undertaking. And it would not attract the same folks that I am attracting now. I am more interested in the legalities of dealing with the department of Health and whether classifying my rental as a hotel can be challenged.

Something that’s unclear to me:

Do you rent out two separate rooms in the house you live in? So two separate listings?

OR do you rent out 1 property with 2 bedrooms?

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Pick a hotel (in VA) that has a kitchen. Any hotel. Ask to see the the posted announcement that the dishes therein have been disinfected etc. If they can’t, tell them you’re going to turn them in to the health department!

Is this the STATE Health Department??? Or COUNTY?? I’ve never heard of anything so ridiculous.

I wonder if a neighbor turned you in? And they just decided to make an example out of you?

You could always take away the kitchen, take away one room and still do Air. Most guests are fine with the microwave or hot plate or kettle.

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My in-law apt in the basement of our home has 2 bedrooms but 9/10 times, I rent it out as a 1 bedroom unit and the second bedroom is locked and inaccessible.

I know you’re looking for people in your area to figure out what’s going on but in the meantime, I would also try to figure out how to negotiate these regulations (as others are suggesting) and see if it works.

Do you offer breakfast?
I purposely don’t offer breakfast for that reason!

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I have one listing only. It has two bedrooms.

Nope, no meals are served. There is a full kitchen for guests to use. As this rental is located in a remote area on top of a mountain, a kitchen is pretty well essential.

@Wildbill. If they have a line in the sand, you might have to create a two room suite. Set one room up as a sitting room with a bed option. The other room set up as a luxurious bedroom retreat. That is what I have [ plus a private bath with two sinks.] Yes. I could make a bit more money if I rented each room separately, but why? I get great folks who value having a bit more space and privacy. I don’t have to worry about different groups getting along and I am making enough money.

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I appreciate the suggestion, as well as others I have received.

Thanks for all the suggestions. Are any of the folks who have replied from Virginia? As to one of the earlier questions, the agency I am dealing with is the local office of the Virginia Department of Health, which is a state agency.

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did you ever figure this out?

Nope. I have not had any further contact from the Department of Health.