Location: Maryland. I own an AirBnB in a small town in Maryland. My uncle owns the one next door. Mine is still listed as my primary residence but his is not as he lives in North Carolina. He got a cease and desist letter from the town stating that he stop operations as an AirBnB until he can get the proper permits and licenses. They are requiring him to have a business license and a food handling license.
Importantly, the town sent along with their letter a copy of the relevant town ordinance which is titled AirBnb/group housing/bed and breakfast. Underneath, the definition of such housing provided specifically states that this type of rental “includes at least one meal.” Obviously, there are no meals included.
My uncle responded with a letter stating that he was not in violation of the town ordinance because he was not operating a bed and breakfast, and he pointed out the “AirBnB” is the name of an online platform and has no relation to the legal definition of a bed and breakfast. The town zoning manager said totally dismissed the letter and said they need to get a permit. She said the permitting process will take months. He says he doesn’t have to stop operations since he is specifically NOT providing a meal service. What is his best course of action?
Comments
Hire a lawyer to formally respond. Perhaps without using “AirBnB” in whatever description/filing he has and just call it a ‘vacation rental property’ or whatever the town calls it in their ordinances. That may be adding to the confusion here.
> I own an AirBnB in a small town in Maryland. My uncle owns the one next door.
No, neither of you owns an AirBnB. You own a house. Who you list your rental with is irrelevant to the town.
He should start working on the permit process. There may be some kind of temporary use permit, see what options are out there.
Additionally, I would recommend he (or perhaps more ideally, an attorney) request written clarification on the rule as it applies to short term rentals that do not supply meals. The town can still regulate, and potentially enforce, rules for short-term rentals even if the definition doesn’t technically apply to him- he’s not off the hook just because the ordinance doesn’t contain language for Airbnb.
He can also see if there’s an administrative appeal process or request for variance/exception with the zoning board. If he can’t get anywhere and needs to challenge the validity of the ordinance, he’s probably going to need a local attorney to help.
Starting the permit process could be a good idea. Maryland doesn’t regulate STRs like Airbnb statewide, leaving it to municipal and county level bodies to regulate as they see fit. The country could have rolled STRs into bed and breakfast regulations (and not updated some of the communication language) or have separate regulations or have none regarding STRs or be in the process of establishing STR regulations. The permit process could provide a better idea of how the county handles STRs and what your footing would be.
If the sole reference is an “AirBnB”, then the ordinance is poorly written, as an AirBnB is a specific platform for listing short term rentals. On the other hand, you yourself called your property an AirBnB. So you are both using AirBnB as a generic term for a short term rental.
I’m betting the full ordinance provides better context.