City Eyes Regulation Of Airbnb

by Markeshia Ricks | Oct 19, 2017 8:10 am

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Posted to: Business/ Economic Development, City Hall, Housing, West Hills, Westville, True Vote

Amid growing complaints from neighbors, New Haven is looking to start regulating the mushrooming Airbnb business in town — in such a way that they won’t land the city in court. Upper Westville Alder Daryl Brackeen Jr. has submitted an ordinance amendment “concerning short-term rentals of residential locations,” to open up an avenue for alders to work with the Harp administration to deal with people who are renting out their homes as makeshift hotels. Internally, city officials have been looking for the last six months at how to address houses that are used for Airbnbs, according to city Building Official Jim Turcio. “We’ve been getting complaints from every section of the city from East Rock to Westville to the East Shore,” Turcio said. “I think there are three or four houses down from me.” The complaints are usually about cars with out-of-state license plates parking in front of peoples’ homes and their driveways, noise from parties, and trash, he said. With the dearth of hotel rooms in the city, Turcio said that last year there were 11,000 Airbnb rentals in New Haven. Currently there are no ordinances on the books that regulate such rentals. He said virtually every city in the country is struggling with how to deal with the “sharing economy” powered by platforms like Airbnb. When cities like Chicago, New York and San Francisco have tried to crack down, Airbnb has not been afraid to luanch costly lawsuits. “We want to get it right,” Turcio said of any ordinance that New Haven might develop addressing short-term rentals. “We don’t want to go to court.” During a Westville/West Hills Management Team meeting last week at Mauro Sheridan School, neighbors showed up at their wit’s end over a house at the intersection of Lawncrest Road and Greenhill Terrace that has become an Airbnb house in Upper Westville’s Beverly Hills district. One neighbor said she has seen so many people come and go that she’s started calling it the “sleepover” house. During a Westville/West Hills Management Team meeting last week at Mauro Sheridan School, neighbors showed up at their wit’s end over a house at the intersection of Lawncrest Road and Greenhill Terrace that has become an Airbnb house in Upper Westville’s Beverly Hills district. One neighbor said she has seen so many people come and go that she’s started calling it the “sleepover” house. When contacted, the home’s owner, Sim Levenhartz, was less willing to classify the house, which has undergone extensive renovations, as an Airbnb location, even though on Monday it was listed on Airbnb’s site for rent at $190 a night. It also is listed for sale on Realtor.com for $279,700. Levenhartz Monday said that he’s not at the house often because he is working on obtaining his citizenship. He said he is from Israel and spends a lot of time between there and New York. Though he’s not here often, he does own several other properties around the city, mostly in the Dixwell, Newhallville, and Hill sections of the city through the Sim Lev Properties LLC. The Lawncrest Road House is owned by a company he formed called 103 Lawncrest LLC. Levenhartz Monday said that he’s not at the house often because he is working on obtaining his citizenship. He said he is from Israel and spends a lot of time between there and New York. Though he’s not here often, he does own several other properties around the city, mostly in the Dixwell, Newhallville, and Hill sections of the city through the Sim Lev Properties LLC. The Lawncrest Road House is owned by a company he formed called 103 Lawncrest LLC. Neighbors complained of watching a number of cars with out-of-state license plates coming and going. A couple of weekends ago guests threw a raucous party that left the neighborhood strewn with trash, they said. They also complained about two other houses — one they believed to be an illegal boarding house, the other they believed to be a Section 8-rental property possibly with inhabitants who weren’t on the lease. A visit the day after the meeting by a housing inspector and a neighborhood specialist from the city’s anti-blight agency, the Livable City Initiative, determined those claims to be unsubstantiated. Alder Brackeen said each of the houses that neighbors complained about had had at one time been for sale and then sat on the market. Alder Brackeen said each of the houses that neighbors complained about had had at one time been for sale and then sat on the market. LCI Neighborhood Specialist Jillian Driscoll said at Wednesday’s meeting that Westville has about 40 vacant houses, down from about 51 previously, in the neighborhood. Levenhartz disputed that anyone connected to his house had trashed the neighborhood. He said that if anyone saw someone without out-of-state plates coming and going it was he and his wife and their newborn daughter. He said if his paperwork comes through, the family plans to move to the property permanently. If not, he plans to sell the house, he said. “With all due respect, I think the neighbors have an issue with me because I did a very nice job on my house taking the value much higher,” he said. “I don’t think there is any house that is close to this house in the neighborhood.” Neighbor Ana Brown said the Greenhill Terrace neighbors are a tight-knit group. Neighbor Ana Brown said the Greenhill Terrace neighbors are a tight-knit group. “They don’t live there so they don’t care,” she said at the meeting of the problems raised with all three houses. “They don’t clean up. And what ends up happening is there is trash all over the place. We don’t want that in our community.”

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posted by: Dwightstreeter on October 19, 2017 8:27am This is just another ploy to extract additional taxes/fees from people mostly renting out a spare room while they try to survive in the “gig” economy.

The City has plenty of recourse to address housing & parking issues.

The NHI poll speaks for itself.

Only the City thinks more regulation and intrusion is a good response.

posted by: Dwightstreeter on October 19, 2017 8:29am I wonder how many complaint a Freedom of Information request would turn up?

Why do I suspect someone has invented a ‘Problem” that only government regulation can “solve” by extracting $$?

posted by: Morgan Barth on October 19, 2017 8:38am Right…because what New Haven needs are more regulations are property use and more zoning rules!

posted by: THREEFIFTHS on October 19, 2017 9:10am People wake up.Did you not that Airbnb is a wing of the gentrification vampires?. Airbnb and gentrification in New York: Airbnb and other short-term rental services are a topic of increasing interest and concern for urban researchers, policymakers and activists, because of the fear that short-term rentals are facilitating gentrification. This article presents a framework for analyzing the relationship between short-term rentals and gentrification, an exploratory case study of New York City, and an agenda for future research. We argue that Airbnb has introduced a new potential revenue flow in housing markets which is systematic but geographically uneven, creating a new form of rent gap in culturally desirable and internationally recognizable neighbourhoods which have generally already been subject to extensive gentrification. This rent gap can emerge quickly—in advance of any declining property income— and requires minimal new capital to be exploited by a range of different housing actors, from developers to landlords, tenants and homeowners. Performing spatial analysis on twelve months of Airbnb activity in the New York region, we measure the amount of rental housing lost to Airbnb, measure new capital flows into the short- term rental market, identify neighbourhoods whose housing markets have already been significantly impacted by short-term rentals at the cost of long-term rental housing, and identify neighbourhoods which are increasingly under threat of Airbnb-induced gentrification. Like I said.New Haven is in the second stage of gentrification.Keep your bags pack.A lot of you will not be around.

posted by: NHVCyclist on October 19, 2017 9:47am Please don’t waste time on “solutions” to a problem that doesn’t exist. Where I lived in Wooster Square, numerous Airbnb rentals coexisted seamlessly with single- and multi-family homeowners, and long term renters. You wouldn’t even realize they were Airbnbs unless someone told you. Negligent Absentee Landlords are a problem regardless if they rent short-term (airbnb), long-term, market-rate, Section 8, whatever.

They city should deal with them as such, and not pin it on the boogeyman of the week (airbnb). Short-term rentals have been around forever through local agents and other online services, airbnb is just the latest buzzword. Positives of short term rentals:

- Inexpensive lodging for younger people who patronize local businesses, museums, cultural attractions, etc. Tourism dollars. These people will go elsewhere if their only option is a very expensive week at the Omni.

- Homeowners in high-taxed neighborhoods can reduce vacancy with short-term rentals as a stopgap between academic/hospital-residency tenants. Vacant properties are far more of an issue than the occasional noisy weekend guest. Also taking away this revenue stream will drive down home values, choking a city that is over-reliant on property taxes.

posted by: Laureen106 on October 19, 2017 9:56am I live down the street and I was very interested in buying that house. I saving up for a deposit. And hopefully it will still be available for sale when I’m ready. I keep a close eye on that house all the time because it’s my dream home. I have to say, that I never imagined that the owners were based out of state because that is one of the most well maintained, and beautiful houses on the street. I never saw any parties out of that house. Everyone on our block knows who causes the trash and it’s not that house. I have seen some short term renters but they were always either families or much older couples. Either way everyone is entitled to their opinion but my dream home is not the problem here.

posted by: robn on October 19, 2017 10:19am I’m pretty sure that this is, in many cases, already regulated. AirBNB hosts are making commercial use of a residential property and are therefore violating zoning regulations (the law)....as well as health code laws set up to protect hotel users. What time think the city is really contemplating is whether or not to set up a formal process for evaluations this new novel violation of existing law.

posted by: 1644 on October 19, 2017 11:24am Okay, most of the time, the subject house is empty, meaning no cars parked on the street, in the driveway, no one using city services all the time the absentee owner still pays taxes to the city. A few nights, people from out of town use the home, whether they be the owners or Airbnb guests. Airbnb income defrays the owner’s carrying costs, and ensures the house is well-maintained so that people will rent it and give good reviews. An owner who doesn’t keep his rental up won’t get renters, period.

For full disclosure, my wife and I have become fans of Airbnb. On a trip to South Caroline recently, we stayed at a small home which was, like this one, for sale. While most of the permanent residents had multiple cars in there driveways and on the street, we had only one rental car. We slept and ate there, and then we were gone. Overseas, we have spent time in the spare bedrooms of those in expensive cities, helping the residents pay the phenomenally expensive costs of central city living, while enjoying the classic bed and breakfast opportunity to commune with locals. We, ourselves, have thought of renting out our spare bedrooms, although that would mean our guests would likely need to use on street parking. Our home, however, would place no more burdens on our neighbors than their do, as many have larger households and insufficient off-street parking for their households. Since we all pay the same tax rates, I don’t see why they should have any greater claim on on-street parking, etc., than my wife and I do.

posted by: Colin Ryan on October 19, 2017 11:38am I’m in agreement with @NHVCyclist for the most part. Negligent property ownership and a lack of hotel space is a problem to be addressed. A website is not.

posted by: Stephen C. Gillett It seems that we already have the appropriate means of handling the events complained of without regulating AirBnB. There a lot (a lot) of properties in New Haven, Westville included, that aren’t particularly well cared for and often littered with trash. If trash is a persistent problem, let LCI and the police know and they will take the appropriate action regardless of where the house is or who caused the trash/noise to be an issue. I see know reason that this property should be treated differently because it happens to be listed on AirBnB. To zoom out a bit, Connecticut is struggling at the moment to attract jobs, one of the key factors in this struggle being that modern employers don’t feel that Connecticut offers a deep enough pool of potential talent. These companies, and often the talent that they seek, embrace remote and mobile working as the norm with regular, though sometimes infrequent, trips to the corporate office. They look to locate themselves within communities that support that lifestyle. If you’re looking to locate a corporate HQ that leads a team of largely remote workers, are you more likely to pick a community with abundant, easy, and affordable short term lodging or a community with negligible hotel opportunities that has also restricted the most prevalent room/home sharing service in the world? In this way, AirBnB is as much a part of the modern infrastructure as roads and train tracks. If you can’t get here and sleep here for the time that you need to be here, you can’t work here. Connecticut continues to search for ways to make itself more business friendly, perhaps it should start by understanding what modern businesses see as friendly.

posted by: robn on October 19, 2017 12:29pm Regardless of property upkeep, people buy houses in residential neighborhoods (as opposed to living in dense apartment buildings) because they want control over their own environment and part of that is the comfort of having recognizable neighbors. That’s why we have zoning…to preserve the character of neighborhoods and individuals property rights.

posted by: 1644 on October 19, 2017 12:42pm rob: By your definition of commercial, every lessor of residential property, and least furnished residential property, is violating zoning laws. What difference does the length of the rental make? A lessor for a night or two places far fewer burdens on city services and neighbors than a long-term lessor. Its for health code violations, I am unaware of any health problems that have arisen from short term rentals. As Lauren and cyclist state, there are lots of positives for the city and neighbors in short-term rentals.

posted by: robn on October 19, 2017 12:55pm 1644, The root of the word “residential” is “residence”....meaning that the occupant (homeowner or long term renter) lives there and has a social contract of good behavior with neighbors.

Hey there’s a gal right down the street from me that does AirBNB and there’s never been a problem; but if there were, what I’m arguing would be the basis of my legal relief.

posted by: brownetowne on October 19, 2017 1:28pm I have to say that it warms my heart to see an Alder walking the neighborhood to address resident concerns. I can state that my Alder hasn’t been seen or heard in the 29th ward for years and won’t attend blockwatch or mgmt team meetings. I can understand neighbors who would prefer a home be occupied by a single resident instead of a variety of airbnb guests, but it doesn’t seem likely that anybody would be staying there and being loud or trashing the property since there is a mutual rating system where the host rates the guest and vice-versa. I’ve probably stayed in 10 airbnb places over the years and all were well kept, quiet, and low-key places to spend a night or two.

posted by: robn on October 19, 2017 1:39pm It’s interesting because unlike the taxi-uber tension that has a tremendous amount to do with safety as well as the civil rights viewpoint that transportation equals freedom, the hotel-AirBNB seems more benign. It is indeed self policing (either bad hosts or bad guests can be blackballed my their own system). I imagine a host abusive to neighbors could be reported to the company and possibly banned. On the subject of parking I agree with one commentator who wrote that’s its everybody’s and nobody’s and therefore a non issue.

posted by: Bill Saunders on October 19, 2017 2:32pm Didn’t Mayor Harp go on record a few years ago as being ‘for’ Air BnB’s?

posted by: 1644 on October 19, 2017 3:02pm Robn;

:

1. Are apartments not residences? I would think anywhere people live would be a residence. One’s domicile and residence may be the same, or they may not be. The words and concepts are not synonymous.

2. I would think an Airbnb in a dense apartment building, with shared walls, and folks arriving and departing at odd hours for early/late flights, etc., would be more disruptive than an Airbnb in a single family, detached home.

3. Should the state regulate the length of leases? Should month to month leases be outlawed to allow you enough time to get to know your neighbors?

4. You may be an exception, but in general, if one wants to live in a neighborhood where one knows one’s neighbors, one needs to live in the 1950’s and the era of stay-at-home mothers. Today, both parents are at work during the day, the kids are at day care or school, or structured activities (rather than roaming the neighborhood as I did) and tasks like lawn care are outsourced. Neighbors go to different workplaces, schools, churches, and run in different social circles. I literally don’t know the family who lives across the street from me, though he has been there for 5 years or more. Previously, a cat lady lived there, and I didn’t know her either. In some of the single family homes in my neighborhood, I have never seen anyone outside, though the places are occupied and have been for years by the same folks.

posted by: noname on October 19, 2017 3:43pm When the owner first purchased and began renovations several years ago he told neighbors he was moving into this home at 103 Lawncrest but that never happened. The reason he cannot sell this house is because he has it listed for $100,000 over the market value in this neighborhood which I have lived in for 30 years. Yes, over the last few months, several different groups of people have been short-term renting and some have been noisy and trash has been an issue. I live close enough to make an accurate determination. All these factors are related to declining property values in this community which was at one time family friendly and owner occupied single family homes.

posted by: robn on October 19, 2017 3:43pm 1644, I included renters with homeowners in my comment. Re-read it. As for your 1950’s comment; well, I’m sorry you feel so disconnected from the people around you. I know my neighbors and they know me.

posted by: 1644 on October 19, 2017 4:17pm Robn: Okay, you included “long-term” renters. How long is long term? Should month-to-month leases be banned?

In reply to your question about a remedy, you have the same remedy with short term renters and you do with a troublesome long-term neighbor. You have a right to quiet enjoyment of your property. On a short term basis, if your neighbor has an unruly party that disturbs you, you can call the police, who will break up the party. On a long term basis, you may make a zoning complaint about trash, or bring a suit for nuisance. Your gal down the street is liable whether wild parties, trash, etc., are caused by her or by her tenants. Personally, I tolerate a few loud gatherings b by long-term neighbors without complaining. And you gal might inadvertently rent to some troublesome people. But nearly every landlord wants quiet, well behaved tenants. Those that are not are blacklisted on the review panels. Personally, I would rather deal with the occasional (once every few years) short term tenant than a troublesome owner or long-term renter.

posted by: NHVCyclist on October 19, 2017 4:32pm I agree with what 1644 said re: calling the police when necessary, as well as LCI, building department, or whatever other department should be informed. This is a case where the city needs to do a better job enforcing EXISTING regulations. Check SeeClickFix - this city is rampant with unaddressed issues caused by ong-term tenants (and their often-absentee landlords) and even homeowners themselves. The Police, LCI, etc are slow to, or never, address many of these.

We have EXISTING regulations that cover any issue that short-term renters would cause. Those regulations should be enforced regardless of who is occupying the housing, and for how long. (This comment may post awkwardly late because for some reason mine need approval

[Ed.: All comments are reviewed before we post them.]

posted by: robn on October 19, 2017 4:33pm 1644. My 1:39 comment was sort of talking my self into agreeing with you. For the sake of argument though, most month to month leases are not held by people just staying for a month. Its called that but is really just an open ended contract structure not fixed to a 12 month period.

posted by: 1644 on October 19, 2017 8:02pm Robn: Yes, most month to month renters do stay longer, except for my friends who asked me to help them move into a third floor walk up, and then, within the month, decided they didn’t like it and asked me to help them move out. :)

BTW, many Airbnbs, especially whole house rentals, have minimum stays of a week or so. Here’s some one in Madison renting out a single room for $32/night, but requiring a 12 night minimum. https://www.airbnb.com/rooms/20947175?location=Madison, CT, United States&s=AfY6QqED

posted by: LookOut on October 20, 2017 12:14pm very happy to see that “Leave them alone” response is leading all other options combined. This is a non-story. Government regulation/intrusion is the last thing we need. If you have any doubt, research the budget of New Haven LCI department and then ask yourself how much they have done to address blight. Blight has improved but it is always a result of development and almost always the result of private development.

posted by: Smitty on October 23, 2017 11:53am @ NoName…..I’m not an expert nor a homeowner so enlighten me if I’m missing something but Maybe its $100,000 over because he renovated and increased its value….The homeowner mentioned in the article that this is why his neighbors are mad…Why does it bother u? U have a home so why would it be your issue since u have a home to live in already? Ok you are also mad (bothered or whatever word u prefer) because he “said he would live in the home but does not”....What effect does it have on you? Its his home (what is the point of ownership if u cannot do what u want with your property and as long as you’re not breaking laws)...It appears that he has provided a valid legal reason for not currently inhabiting the property as he also mentioned in the article. and @ Laureen106…wow makes me wonder if ppl are just exaggerating their complaints for personal reasons…. @rob I agree it should be a self policing issue (not a website issue)....IF in fact there is noise pollution and the owner of the property has not been proactive in keeping the property clean; then this needs to be addressed. I assume that now that its an official complaint he will take the necessary steps to address his neighbors concerns No matter who lives there its the owners responsibility. Even if the owner himself was living there and trashing the property…Same difference same solution

posted by: Dwightstreeter on October 23, 2017 1:21pm Regulation of AirBnB rentals is a solution in search of a problem.

It is fall down laughing time to read of these relatively minor housing problems that have brought the full force of NH gov’t to propose a massive “fix”, one that will definitely involve extracting new fees and/or taxes from owners, when all the issues laid out are already subject to local regulation.

How many articles have we read about all sorts of housing around town that had unmet maintenance needs, festering crime and a depressed group of tenants - but NOTHING was done. For decades!

Now, mirabile dictu, some minor flaps and the Mayor is ready to move new legislation to the front.

Chalk this up as another pressure on the middle class real estate owners because Yale is feasting off the people of New Haven like something vile and swollen in a Hogarth painting.

If such unnecessary legislation is proposed, people should light their torches and grab their pitchforks and overwhelm City Hall with first hand opposition to further exploitation of the people trying to survive in a 2-3 job economy.

This is NOT about safety or health or anything else that isn’t already covered.

It’s about making up for the $9.5 million being paid for crooked cops, with more to follow.

posted by: Dwightstreeter on October 23, 2017 1:27pm @ThreeFifths: In NYC the problem is large, absentee owners of lots of vacant apts. doing short term rentals. When owners are absent, there is no investment or oversight of a property. That is NOT the situation when a homeowner rents out a room or even does a few months if out of town. People are vetted.

There will be gentrification in New Haven. The only question is whether our politicians protect the interests of people who don’t know how or can’t afford to protect themselves.

As we’ve seen from the inept Dwight Management District, locals cannot be depended on to do that.

Those annual free dinners from the Chapel East Special Services District pay off big time when the City or a developer want something.

posted by: Livelovetravel on October 23, 2017 4:57pm Have any of the people complaining actually read anything about Airbnb and their policies?

I currently rent an apartment in New Haven where I have an extra room that I post for booking through Airbnb. My landlord is aware and has approved this situation.

I’m recently unemployed and without the funds generated through Airbnb I wouldn’t be able to make ends meet.

Airbnb is a secure, legal and legitimate business. We hosts pay taxes on income generated. Airbnb also makes hosts pay, in states where you are legally required to pay other fees to the government, pay those fees.

Airbnb is huge. Don’t you think they have things under control. They win lawsuits brought against them for good reason. So, maybe what New Haven needs to get under control are people who have nothing better to do but complain and needlessly worry about nothing. Maybe get off your butts and clean up some trash in your own yard???

Several people host Airbnb in my neighborhood. All of our homes and yards are spic and span. Naysayers get off your soapboxes and go do something good for the community. Not inhibit good people like me from making an honest bit of money. Ignorance equals fear. Or perhaps you don’t want anyone else to make a living? What was that about gentrification??

Lastly, Airbnb is a great way for people visiting New Haven to get a safe, clean place to stay. Most of the people I have hosted are Yale related. There are no places to stay downtown for $50-$60 a night. Long Wharf hotels maybe… how safe is that to then walk to your destination downtown? should they Uber? Who is going to now complain about Uber drivers using their own vehicles to make some money? Same thing no?

posted by: THREEFIFTHS on October 23, 2017 8:28pm posted by: Livelovetravel on October 23, 2017 4:57pm Have any of the people complaining actually read anything about Airbnb and their policies? I have. NO VACANCY

The dirty secret of Airbnb is that it’s really, really white

Alison Griswold June 23, 2016 The selfie was the first thing to go viral.

Stefan Grant posted it to Twitter last October, a brightly lit image of him grinning into the camera alongside another young black man with a broad smile and two thumbs up. Behind them are trees, the outline of a house, and a pair of policemen, also smiling. “Yo!” the caption reads. “The Air B&B we’re staying at is so nice, the neighbors thought we were robbing the place & called the cops!” https://qz.com/706767/racist-hosts-not-hotels-are-the-greatest-threat-to-airbnbs-business/ Harvard Study: Black People Get Screwed on Airbnb http://www.bbc.com/news/technology-35077448 We find that non-black hosts are able to charge approximately 12% more than black hosts, holding location, rental characteristics, and quality constant. Moreover, black hosts receive a larger price penalty for having a poor location score relative to non-black hosts. These differences highlight the risk of discrimination in online marketplaces, suggesting an important unintended consequence of a seemingly-routine mechanism for building trust http://valleywag.gawker.com/harvard-study-black-people-get-screwed-on-airbnb-1505185859

AirBnB racism claim: African-Americans ‘less likely to get rooms’ A survey of more than 6,000 hosts in five US cities concluded that names that sounded African-American were about 16% less likely to get a positive response to a request for a room when compared against white-sounding names like Brad or Kristen.

In a statement, AirBnB admitted it faced “significant challenges” over the issue.

posted by: Livelovetravel on October 23, 2017 9:22pm Why do people have this need to make everything about racism????

PLEASE don’t respond. I won’t feed into this.