AirBnB Request - January 2023

Overview

The owner of 1680 Stevens Street addressed Council regarding the possibility of getting approval to operate an AirBnB rental at their home. The homeowner has an in-law apartment that she has been renting out for the last three years. Her reason for coming to Council is because she received a letter notifying that this rental is not in compliance with local ordinances, resulting in her needing to stop renting the apartment. She advised that this was not the result of police action or any complaints, as she described how she has vetted potential renters and often has repeat visitors (many who work in healthcare). Of note, her next door neighbors attended the meeting in support and expressed how quiet the property is, and that there have never been any negative incidents since rentals began.

Existing Legislation

The existing ordinance that applies to these types of short-term rental situations can be found here. According to Council VP Schick, when this ordinance was updated in 2015-2016, the short-term rental companies were in their infancy. Many of the issues that are now well-known had not presented, thus no specific restrictions or guidance was written.

Where the homeowner has run afoul of local ordinances is actually in the details of what is permitted within each zoning district. 1680 Stevens Street currently falls in a R-1 (Low Density Residential) zoning district. If you notice in the image, (Table of Allowed Uses in each Zoning District) Bed-and-breakfast inns are not permitted in any of the Residential Districts in the boro. You can view the borough zoning map here.

Background Information

The boro's solicitor provided some more information as to why certain districts are not permitted for short-term rentals, such as bed & breakfasts and the like. As mentioned previously, the R-1 district (which applies to this home) is for low-density housing. Splitting up these residences for partial rental use then begins to infringe on the true meaning of single family homes and low-density areas.

Schick noted that the local hotel owners keep an eye on illegal rentals because of competition, especially in this area with numerous soccer tournaments and Spooky Nook. (As a side note, these hotels are on the hook for paying a 5% tax on rooms to subsidize the County Convention Center. If you want to take a deep dive into that boondoggle, check out the awesome reporting here).

Next Steps

There are basically two options for the homeowner if they wish to pursue using the in-law apartment for short-term rental income:

1. Request relief from the zoning ordinance from the Zoning Hearing Board.

2. Request that boro Council direct the Planning Commission to investigate the matter and evaluate if the existing ordinance should be updated.

Neither of the options will be quick, and both will cost the homeowner money to pursue. The onus at this point is on the homeowner to determine how they wish to proceed. If they choose to use option #2, they were advised to submit a formal request to the borough manager.