city illegally telling me to shut down my Air BNBS ?

Moderator

Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes

3y

Do you have a short term rental permit? It seems like Brook Park requires one. It would be odd that they are shutting you down if you are properly permitted

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2 Reply

Dave StokleyBusiness Member

Property Manager · Cleveland, OH · Member since 2015 · 705 posts · 799 votes

3y

You're not the only one... https://www.cleveland.com/community/2023/06/brook-park-denie...

2 Reply

John UnderwoodPro Member

Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes

3y

The city believes you are the one operating a STR illegally. If so, you can convert these to LTR's.

If you think you are in the right contact an attorney to represent you at the city council meeting and plead your case.

8 Reply

Bruce WoodruffPro Member

Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes

3y

The Govt can do whatever it likes. You can fight them. I'd hire an attorney.

Good luck to you!

3 Reply

Ashley Turner

OP

Homeowner · Cleveland OH · Member since 2023 · 16 posts · 12 votes

3y

That is actually my best friends rental property

Quote from @Dave Stokley:
You're not the only one... https://www.cleveland.com/community/2023/06/brook-park-denie...

0 Reply

Dave StokleyBusiness Member

Property Manager · Cleveland, OH · Member since 2015 · 705 posts · 799 votes

3y

Quote from @Bruce Woodruff:

The Govt can do whatever it likes. You can fight them. I'd hire an attorney.

Good luck to you!

Sadly this is the truth.

1 Reply

Sarah KensingerPro Member

Real Estate Consultant · OH · Member since 2023 · 2k+ posts · 1k+ votes

3y

Sounds like a bad deal going on up there, so sorry!

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Michael BaumPro Member

Olympia, WA · Member since 2016 · 8k+ posts · 7k+ votes

3y

Unfortunately you are probably going to be stuck @Ashley Turner. Things change in larger cities pretty fast.

I would go to the meetings and talk to them about it, but I am guessing you will be denied and have to change to a LTR or maybe a MTR.

I also don't believe it is illegal for them to order you to stop. You will find out why.

3 Reply

James Hamling

Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes

3y

7 Reply

Nathan GesnerBusiness Member

Moderator

Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes

3y

Attend and plead your case. The unfortunate truth is that they can shut you down and cost you a lot of time, energy, and money fighting to get your rights back. I expect to see a lot more of this in major cities over the coming years.

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5 Reply

Trevor Neale

Rental Property Investor · Newark, NJ · Member since 2023 · 57 posts · 23 votes

3y

@Ashley Turner so sorry!! I heard about it on the news. I guess people making to much money they they want control of it

0 Reply

Ashley Turner

OP

Homeowner · Cleveland OH · Member since 2023 · 16 posts · 12 votes

3y

Oh gosh it was on the news? City council was very unprofessional, and would not even let me speak or pled my case. Cut me off within one minute. Did not give a reason why they vote “no” just all voted no and then cancelled my hearing with the zoning appeal since city hall denied it. Very unfortunate

Quote from @Trevor Neale:

@Ashley Turner so sorry!! I heard about it on the news. I guess people making to much money they they want control of it

1 Reply

Trevor Neale

Rental Property Investor · Newark, NJ · Member since 2023 · 57 posts · 23 votes

3y

@Ashley Turner yes, on the news they spoke bout regulating and changing the way air B&B work. But don't worry, you still a winner by owning and you can change from short term to long term and still win. Check your options and go for it!! I have faith in you

3 Reply

Kishore P.

Realtor · Farmington, MI · Member since 2016 · 129 posts · 69 votes

3y

You may have a recourse, if you have a OHIO Realtor/Agent License you could reach out to your the MLS Board, they typically have a lawyer on retainer. Reach out to your MLS Board anyways your city/township belongs to, they may help you.

Hope this helps !

4 Reply

Caleb Bryant

Rental Property Investor · Huntsville, AL · Member since 2015 · 401 posts · 309 votes

3y

@Ashley Turner Huntsville, Alabama has been cracking down too. At least in Huntsville, they just want it zoned properly and with the proper permits from the city. All we had to do was get the permits. Unfortunately for others who weren’t zoned correctly, they lost their business and either had to convert to long term rentals or sell. I feel for those who were doing rental arbitrage

3 Reply

David Dachtera

Rental Property Investor · Rockford, IL · Member since 2014 · 4k+ posts · 2k+ votes

3y

Quote from @Ashley Turner:

I have 2 rentals (they are townhouses right next to each other) for 2 years now, I have been doing air BNB out of them and the return is great and I was able to make this my full time job by doing the cleaning on my own! I love it and I’ve never been happier!

When I first started I went to city hall, and asked if there was anything I had to do and to make sure it was allowed, they basically just told me everything fine it’s so new we really don’t have any rules in place do what you want…. Fast forward 2 years I get a letter in the mail saying I am to shut my air bnbs down immediately!

Now I didn’t know much about zoning or any of this until this happened but I’ve did a lot of research, and I think what they are doing is illegal, they are treating me as if I am in a U-1 zone but I am a U-2 and in the picture below it says I am able to run an apartment hotel in this zone. So I’m unclear why I need to even go in front of city council and the zoning commission (and they also told me I will be denied before even giving me a chance)

Now they sent me a email the day of, cramming both meeting with the planning and zoning back to back, today!

If anyone is able to give me any advice or help. It would be appreciated!

I am in Brookpark OH and in a U-2 A4 zone

What did your attorney say about all this?

1 Reply

James Hamling

Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes

3y

Quote from @Trevor Neale:

@Ashley Turner so sorry!! I heard about it on the news. I guess people making to much money they they want control of it

No, it has NOTHING to do with that and actually, it's been around for many MANY decades.

Way too many like to dream on the STR is something new, recently invented, because the past never knew anything about anything and were so tech, were so hip, ooohhhh-aaahhh look at all these cool shinny things we "made".

No. STR is just a new way to market a boarding house/rooming house, and by all reality it's a micro-motel.

Rooming/boarding homes have been around for 100yrs+ in US.

Such properties have long been regulated in their placement. Hotels/Motels have long been regulated for their placement within a city.

Cities require planning, each thing with it's place of viability because there is roads built to certain use, water/sewer, a whole looooong laundry list of assorted facilitating services. AND not to mention, the EXPERIENCE.

Simply put, do you want to live next door to a Super-8? Yeah, to no surprise neither do most people. And a city that has people NOT wanting to live in certain residential areas, is a serious issue.

Cities have a design, and this is just the beginning of cities formalizing the "fences" for how and where STR's can operate within a city, that is positive for the city design and not negative to it.

The $ is a non-factor. Because if there is the demand, trust me Hilton brings in WAY more $ than any handful of STR's. If it were about $, they'd just say no STR's and leave it to the Hilton's of the world.

It's about city design, city planning, having a vibrant city with each thing in it's place so the whole rat's nest of things operates well.

14 Reply

Michael BaumPro Member

Olympia, WA · Member since 2016 · 8k+ posts · 7k+ votes

3y

So I hear the argument about living next to a Super 8 and I understand, but a well run SFH as a STR is not a 120 room budget motel. It isn't a 120 room high end hotel either.

The bottom line for me is if we run a tight ship, most neighbors won't have an issue.

4 Reply

Jake Browning

Real Estate Agent · Fort Pierce, FL · Member since 2022 · 44 posts · 11 votes

3y

Show up to the hearing and plead your case. Take it one step at a time.

1 Reply

James Hamling

Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes

3y

Quote from @Michael Baum:

So I hear the argument about living next to a Super 8 and I understand, but a well run SFH as a STR is not a 120 room budget motel. It isn't a 120 room high end hotel either.

The bottom line for me is if we run a tight ship, most neighbors won't have an issue.

Government, especially local government, ordinance, regulations, operate at the level of lowest common denominator, they have to.

Without doubt there is some great operators, but there is also "pukes". Just put yourself in their shoes, of city administrators, do you want to gamble on assuming people are going to "do the right thing"? If have the rose-colored-glasses on I invite you to go site a day at your local government center, just sit and people watch and listen as the parade of "wtf" comes through, you will quickly loose your faith in humanity I assure.

So, I get it, and that's the problem is too many focusing solely on selves and not thinking of the bigger picture to "get-it". City administrators have to assume the worst, and make fences to prevent those "worst" from ever happening, that's literally the job we pay them to do.

And what happens when we have an issue in the city we don't like? We say "wtf, why are they letting this happen, they suck at there job, they need to be doing something about this". But then if it hit's us we say "wtf, everything will be fine, why do they have to do anything about this, why not just trust us it will all work out a-ok" lol.

Ya don't get to have it both ways.

If they say no rules for STR's, do whatever, freedom reigns, next thing we know it's complaints how the city "let" the market get flooded with "all the STR's everywhere" and how this one is a bad operator, that one is a "puke" and, back to the start "wtf, why are they letting this happen, they suck at there job, they need to be doing something about this"....

Reality is, it's society's fault, they make rules to prevent dumb stuff from happening because some dummy did it, so now they gotta make a rule on everyone because of it, so thank that dummy for ruining it for everyone. And boy-oh-boy do we have no shortage of "dummies" today.

8 Reply

Melissa Nash

Rental Property Investor · Orange County, CA · Member since 2016 · 740 posts · 529 votes

3y

I would hire an attorney, and hoping you can get grandfathered in?? I did this bc of an HOA- not sure if city would work too? but worth a shot?

2 Reply

Don KonipolBusiness Member

Investor · The Woodlands TX / Avon, CT · Member since 2009 · 6k+ posts · 10k+ votes

3y

Right or wrong, Government has the power to regulate land use. The politicians who initiate major changes in that use ultimately carry out the will of the voters - hopefully. By this I mean that we hope they’re thinking that their doing what they think the majority of people in their district desire, and not doing it because some “special interest” group (hotel industry) is making a major contribution to their election campaign (or worse an outright bribe). However, to some degree all government regulation restricts the property rights of property owners. It’s the “balancing” act that’s hard to pull off because it satisfies nobody.

For many if not most other land uses (toxic industrial use excepted) when a regulation is changed that use for a specific property is grandfathered in. Apparently, not so with most STR use. In many cities politicians, regulators and special interest groups seem to have a certain "anger" toward STR and STR operators. They give STRs no credit for bringing in visitors who spend money and contribute to the economic health or their city, and contrarily blame STRs for increased crime, increased traffic, unaffordable housing, housing shortages, and unsafe neighborhoods.

In a similar vein, Uber and “ride share” apps were under the same attack. The difference is that Uber is used primarily by residents of the city that VOTE in that city, while Airbnb are primarily used by people who do not reside in that city and hence have no vote there. So Uber remains for the most part unrestricted in major cities, while STRs have the most restrictive regulations possible.

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5 Reply

Dave Skow

Lender · Seattle, WA · Member since 2014 · 2k+ posts · 899 votes

3y

you might consider spending a few dollars for a local attorney well versed on these topics ....might be a valauble realtionship to have for this issue plus any future needs

3 Reply

Todd Jones

Member since 2023 · 243 posts · 199 votes

3y

Quote from @James Hamling:

Quote from @Michael Baum:

So I hear the argument about living next to a Super 8 and I understand, but a well run SFH as a STR is not a 120 room budget motel. It isn't a 120 room high end hotel either.

The bottom line for me is if we run a tight ship, most neighbors won't have an issue.

Government, especially local government, ordinance, regulations, operate at the level of lowest common denominator, they have to.

Without doubt there is some great operators, but there is also "pukes". Just put yourself in their shoes, of city administrators, do you want to gamble on assuming people are going to "do the right thing"? If have the rose-colored-glasses on I invite you to go site a day at your local government center, just sit and people watch and listen as the parade of "wtf" comes through, you will quickly loose your faith in humanity I assure.

So, I get it, and that's the problem is too many focusing solely on selves and not thinking of the bigger picture to "get-it". City administrators have to assume the worst, and make fences to prevent those "worst" from ever happening, that's literally the job we pay them to do.

And what happens when we have an issue in the city we don't like? We say "wtf, why are they letting this happen, they suck at there job, they need to be doing something about this". But then if it hit's us we say "wtf, everything will be fine, why do they have to do anything about this, why not just trust us it will all work out a-ok" lol.

Ya don't get to have it both ways.

If they say no rules for STR's, do whatever, freedom reigns, next thing we know it's complaints how the city "let" the market get flooded with "all the STR's everywhere" and how this one is a bad operator, that one is a "puke" and, back to the start "wtf, why are they letting this happen, they suck at there job, they need to be doing something about this"....

Reality is, it's society's fault, they make rules to prevent dumb stuff from happening because some dummy did it, so now they gotta make a rule on everyone because of it, so thank that dummy for ruining it for everyone. And boy-oh-boy do we have no shortage of "dummies" today.

I physically got up my chair and started slowly clapping. You just summed up my perspective.

Now, this is where local voting is key. You can get officials with high intelligence and wisdom that will hire a team. This team can then allow STRs with sensible, well thought out laws that makes both owners and the community both satisfied. Unfortunately, local voting is a popularity contest / “who’s on my team”.

Yes, ask a real estate attorney but if they say “No, sorry.” Turn it into a MTR or LTR. With an MTR, you’ll still do cleaning but less frequently.
Yes, there are pros/cons between STR vs. MTR/LTR but so be it.

1 Reply

Mario Broughton

Atlanta · Member since 2018 · 20 posts · 4 votes

3y

@Ashley Turner can you convert your properties to long term or medium term rentals?

1 Reply

city illegally telling me to shut down my Air BNBS ?

city illegally telling me to shut down my Air BNBS ?

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