why neighbors don’t like short term rentals….

So I was sent these photos. Obviously I didn’t take them I don’t live down there, and this is Chadds Ford. This is the Air BnB that is the subject of consternation with neighbors located at 1465 Smithbridge Road. And the date showing that the photo I guess was taken is 2024, so is this house still active as an Air BnB? I mean what happens? Does the township building close up shop on the weekend and then people rent this house? And yes, I can ask that question. After all April 19, 2024 was a Friday and that looks like evening, right?

Here’s another photo:

Again, this phone had a date of April 19, 2024. In this photo, you can see lights on in one of the buildings which meant it was towards dusk, correct? I just am interested to know if this is after the cease-and-desist letter of like a year earlier, how was it still looking like a short term rental?

And then this is the same property that’s supposedly scheduled at the end of this current month (if the Zoning hearing occurs) that now wants to be a Bed and Breakfast Inn?

Now for the record, I don’t object to bed and breakfasts. I think they are a good adaptive reuse for often otherwise quasi-obsolete historic homes. I also like bed-and-breakfasts, because I think they have more character and charm than hotels a lot of the time. But if this property has a conservation easement with the Brandywine Conservancy how would this work? Can you just stop having a conservation easement or is that forever?

I actually think if this property had just been a long-term rental with like a normal family in it, or had been introduced from jump as a bed-and-breakfast with on-site ownership running it, you wouldn’t be here with this house on this property, but that’s not how it has played out is it? But again, where is the Brandywine Conservancy on this? Can properties like this with easements that have language about no commercial things going on ever have a use like this?

Look at all the photos of all those cars. How would you feel if you were a neighbor? Would you trust these property owners going forward? Did these property owners ever try to really interact with the full-time neighbors and work things out with them? And by really interact I mean, did the actual property owners sit down with neighbors ever do that or just their representatives? That makes a difference.

In Radnor Township, in Wayne, there used to be the Wayne Bed and Breakfast Inn. It was gorgeous. It has since been torn down for hideous development, which is criminal. But the original owners of the Inn, not the people who subsequently sold to a developer, went out of their way to be good neighbors. And I remember when they were initially trying to get approval for what they wanted to do and it was a tough row to hoe. I know because I followed the meetings.

Above are just a couple of the articles that were written about the now, but a memory Wayne Bed and Breakfast Inn. They have a date of 2021 on them but it’s not actually 2021 that’s just when the website was updated and they reloaded those articles. The Inn actually opened around 2012.

And I know someone else who owns a bed-and-breakfast inn. There is no delegating to random people, they live on site. They take their stewardship of their historic property quite seriously. and it’s beautiful. But part of being an innkeeper I think is how you get on with your neighbors and if you started as an Air BnB that had lots of party weekends can’t you just understand why neighbors are not trusting? And I still can’t seem to find the answer that Chadds Ford Township knew this was an Air BnB before neighbors told them it was an Air BnB can you? I can’t find it in the Inquirer article, I couldn’t find it in like meeting minutes for Chadds Ford, so did they know or they didn’t know until neighbors said something?

https://www.inquirer.com/real-estate/short-term-rental-zoning-fine-airbnb-20240409.html

Anyway, it’s obvious that communities including Chadds Ford need to look at their zoning and have conversations about short term rentals and whether or not they want bed-and-breakfasts in certain areas but not in others, or what the criteria is etc. it’s also apparent that it would be helpful if the Municipalities Planning Code was also updated for more fleshing out of these uses state-wide.

I will close with screenshots from when this Chadds Ford place was on Air BnB. The dates on the screenshots indicate 2023. Below that, my noodling around about Air BnBs in general based on what’s listed.

Here’s hoping a resolution to this thorny issue can be achieved. Just like the property owners have rights so do the neighbors. And Chadds Ford needs to hear all, equally. And I really hope the Brandywine Conservancy can clear up how they feel about this situation, don’t you? The Brandywine Conservancy does amazing things, but they can’t continue to play possum with this issue in my humble opinion.

Happy Sunday.

and then you noodle around some more looking at how many air bnb and vrbo short term rentals are available elsewhere

Alice down the Air BnB and VRBO rabbit hole continues. Mostly Chester County and crazy to reasonable prices, so many municipalities. Most, but not all municipalities, have provisions for these “short term rentals.“ However, I still think that in a lot of cases, they don’t know where all of these “short term rentals” are within their municipalities.

Then you have to wonder if municipalities are leaving money on the table? Do they charge these “short term rentals“ annual fees? Are there more frequent inspections? Do they see if these properties are carrying extra insurance that one would think they would need?

It’s not just a cottage industry for people who don’t know what to do with properties, you also have the speculative don’t you? So how does this affect the overall health of the community? I’m not saying they’re bad, but it seems like there is a glut of them doesn’t it?

They are limiting Air BnBs and VRBOs in Europe. They’re doing it to preserve the character and history of places among other things.

I found an interesting BBC article from this past July:

BBC What does a world without Airbnb look like?

And that’s the thing isn’t it? These are another form of flipper these people that do these short term, rental places, and they are competing with families and individuals looking for a place to live that’s somewhat affordable.

I think, given the glut of these short term rentals on the Main Line and Chester County and other places like Chadds Ford or Edgemont, etc. we probably need some rules. Could short term rental properties like this also be yet another reason why the Municipalities Planning Code of the Commonwealth of Pennsylvania might want to be updated since it hasn’t really been done since 1969?

Well, this is just some more to think on. At the bottom are the two other posts I have written this week on this topic.

This was a topic of discussion, apparently in Harrisburg this summer :

Testifiers shed light on need for short-term rental regulation in PA

Policy hearing examined impact of short-term rentals on housing availability, tourism

PITTSBURGH, JULY 29 – The number of short-term rental properties are on the rise in Pennsylvania, and testifiers at Monday’s House Majority Policy Committee hearing on the topic detailed the need to introduce regulations to address ongoing concerns. 

The hearing, hosted by Rep. Lindsay Powell (D-Allegheny), examined the increase of short-term rental properties and its impact on tourism and housing availability. In 2022, there were 107 active short-term rental properties in Lawrenceville, but that number has since doubled and continues to increase. This increase in rental property ownership comes amid a housing crisis facing residents across the state.

“We have a growing need to make sure we have affordable, accessible, and dignified housing. We also have a need to expand our tourism efforts in Western Pennsylvania,” said Powell. “We need to explore ways we can expand tourism while creating more opportunities for affordable housing in a way that they are not diametrically opposed.”

Testifiers noted a disturbing trend of out-of-town entities purchasing homes for the sole purpose of turning them into a short-term rental properties. A recent Corporate Housing Studyshowed an 18% increase in houses sold to corporate entities in Allegheny County.

“There’s strong evidence that short-term rentals exacerbate our affordability crisis by reducing the overall supply of rental housing through conversions into short-term rentals and by boxing out prospective homebuyers,” said Dave Breingan, Executive Director of Lawrenceville United. “This will disproportionately impact low-income and elderly homeowners, families with children and first-time homebuyers.”

Testifiers agreed that local, responsible short-term rental operators can and have helped positively impact the area. However, many out-of-town entities purchase property for short-term rental use, then neglect their responsibilities. This has led to massive late-night parties that come with disruptive noise, public drunkenness, fighting and littering.

With the impacts on housing affordability, public safety and tourism, testifiers detailed the need for more regulations on short-term housing ownership. Recommendations include preserving housing stock for traditional homeownership, introducing efforts to minimize public nuisance complaints and reducing heavy concentrations of short-term rentals in residential areas.

I don’t know why our communities aren’t having more conversations about the short term rentals. Actually, I do know because look what happened in Willistown when they were almost discussed a while back, and it’s like everything goes underground. It’s a very contentious in West Chester borough right now. It was an issue in West Vincent.

This is a curious issue. I think perhaps it would be less curious if communities would discuss this openly. And I don’t think it’s for in a lot of cases a lack of residents trying. I really think it goes back in the end to each municipality, and how they are approaching the topic, if they have approach the topic, and maybe if they need to discuss the topic some more. 

Thanks for stopping by.

just HOW MANY houses on the main line are air bnb???

I went down a rabbit hole this morning and hopefully they’re all legal? I have no idea, do you?

It is municipality to municipality and I just randomly decided I’d go nose dive into the Main Line and I have to ask how many houses on the Main Line are Air BnB now?

From mansions to rooms for rent to small little older houses that don’t interest developers, but might interest a regular family if they could afford to live in the neighborhood, I just have to ask how many houses are Air BnB?

I didn’t go diving into Chester County per se. I really kept it to the Main Line because I was more curious there. And the reason I’m curious is it is so hard for people to find affordable rentals let alone affordable houses to buy and I think this is part of the problem.

Anyway, it make sure understand how people can afford to live on the Main Line now, right? They can just Air BnB it, right? Are these people paying taxes to the municipalities that their short term rentals, whether it be a Air BnB or VRBO are in?  in places where this is allowed in their code, it’s kind of like a missed revenue stream, isn’t it? 

Sign me gobsmacked. I did not know this was such a cottage industry on the Main Line.

Happy Friday!

to air bnb or to bnb in chadds ford…that is the question

Chadds Ford, PA is actually Delaware County, PA but to me has always felt more Chesco than Delco. Chadds Ford has beautiful twisty roads, some gems of homes and estates, and used to be quite understated. I say used to be, because like every other slice of heaven between Devon and Wilmington….there is development.

Anyway in April, 2024 an article in the Philadelphia Inquirer by a reporter whom I respect and follow caught my eye:

Owners of a Chadds Ford home once owned by the du Ponts have been fined $17,000 for renting through Airbnb

Short-term rentals remain a thorny issue for many towns.

by Frank Kummer

Published April 9, 2024, 5:00 a.m. ET

Well…noise travels, doesn’t it?

Then the Philadelphia Inquirer had another article in the form of a newsletter in the same month of April, 2024. By another reporter I follow:

Real Estate

$17,000 in fines for renting estate as Airbnb | Real Estate Newsletter

And ‘million-dollar’ Pa. communities.

by Michaelle Bond

Published April 11, 2024, 6:20 a.m. ET

So it looks like Smithbridge Partners (or maybe their lawyers since do we think the owners will go to court?) has put off their court date until after their zoning hearing board hearing event which looks like October 22? Now zoning hearing was put off from September, correct? When I last looked they were supposed to go to court this week on the fine stuff, and now the dockets read November?

And what is it to be at zoning October 22nd? If it reads like September 4th which was postponed it will be “1465 Smithbridge Road – Appeal of Zoning Code Enforcement/Variance to operate B & B”?

So are the owners going to be ON PREMISES to run a B&B AKA Bed and Breakfast Inn? It’s kind of 24/7/365 as I have known people who have operated B&Bs and one who still does? As a matter of fact, one person I know operates a B&B in PA and has a separate Air BnB in another state which is professionally run by a real estate company with strict rules.

So how come that Air BnB became such a mess? Did the property owners think neighbors would just give up their personal reasonable expectations of quiet enjoyment for the profit of others? I mean if there is the money to do things right, why not do just that?

https://delco.today/2024/04/chadds-ford-airbnb-citations

https://www.suburbanrealtorsalliance.com/news/2024/04/12/delaware-county/chadds-ford-fines-owners-of-former-du-pont-home-17k-for-renting-through-airbnb

https://www.the-sun.com/news/11049874/fined-17k-after-renting-home-airbnb

So would you want to be known as the people who purchased part of a former Du Pont property and then was all over media for this? Supposedly, these folks own about 400 acres of land in Chadds Ford between Smithbridge and Ridge Roads? Below is what I found on various properties under or affiliated with this entity:

Now with regard to the Air BnB at 1465 Smithbridge Road I have to ask, what is currently going on? Is it now empty or is it still being rented out as an Air BnB? Another wrinkle is a conservation easement on the property perhaps? It is (and already was when they bought it) under conservation easement with Brandywine Conservancy, correct? The easement states, “No industrial or commercial activities shall be conducted or permitted on the Property, with the exception of agricultural and livestock activities.” The conservation easement is copied below.

How is either an Air BnB or a B&B not a commercial activity? What does the esteemed Brandywine Conservancy say about this? And if there is an easement, can you use the easement as in is there a trail? if so, is it maintained and by whom? I ask not because I know anything suspect, I ask because we have all heard of properties out here with conservation easements and I am guessing someone does maintenance so they can be used the way they are supposed to be used, right?

So the Air BnB of it all got a cease and desist letter in 2023:

So what is the end game with the thing going to zoning later this month about being a Bed and Breakfast? Is this just to wiggle a door back to Air BnB? And given the other properties they own are any of them regular rentals? If so why can’t 1465 Smithbridge just be that? Or don’t they have any relatives who could live there and just let it be a normal property in a beautiful area with a conservation easement? And again where is the Brandywine Conservancy on this?

Now I asked around to those who know more than I and they came back with a famous court case that seems similar. There’s is interesting and relevant legal precedent for this case. The “Slice of Life” case was heard by the PA Supreme Court in December of 2018.

In its opinion, the Court concluded that even though the applicable zoning ordinance did not specifically prohibit the short-term rental of residential homes, such use was nonetheless prohibited. The Court stated that prohibited uses of real property do not have to be expressly excluded on a zoning ordinance.

The critical inquiry for the PA Supreme Court was the interpretation of the term “single housekeeping unit.” Past court decisions in PA have consistently applied this functional standard in its analysis to cases with similar facts. For example, courts have allowed the use of a residential home by a homeowner to provide lodging, meals, and care to physically and mentally disabled persons in their home. Conversely, courts have determined, under the same standard, that a residential home is not allowed to be used as a half-way house or a group home for foster children. These decisions turned on the fact that the average stay at a halfway house (2-6 months) and at a group home was too short to be compatible with the single-family concept.

Now the Slice of Life of it all came up again in a New York Times article this past spring about a community in the Poconos. I have been to one of the fancier of the cabins/lake of it all communities up there years ago now. It was beautiful and closely held to keep out short term rental issues. It was so beautiful and natural. It was a delight. And tiny Medford Lakes, NJ has legislated against Air BnB type short term rentals in their community to preserve it’s character.

Here is the New York Times article:

FOLLOW THIS LINK TO READ

Air BnB rentals have created controversy in all sorts of communities in Southeastern PA, and in Chester County I can think of West Vincent and Willistown and West Chester Borough. I still do not know who is on first where.

Now one of the other properties these Smithbridge People own is of interest to me. And octagonal house.

https://chaddsfordlive.com/2023/02/07/from-a-schoolhouse-to-church-to-a-home

Has anyone been by this lately? What’s the current condition? Now that could make a great long term cottage rental couldn’t it?

I don’t really have much else to say on the topic. I definitely don’t have a horse in the race, except I have to say while I would not mind a traditional actual owner operated Bed and Breakfast Inn in my neighborhood, I can say the big old no to the Air BnB of it all.

This is still a situation to watch. I will be curious what happens to 1465 Smithbridge and the cool little octagonal house.

Thoughts?