PORTSMOUTH A Lincoln Avenue brace who rents one of their two homes through Airbnb are ambrosial a cease-and-desist adjustment from the burghal arguing it’s “discriminatory and unconstitutional.”
Represented by advocate Frank Quinn, Barbara Jenny and Matthew Beebe are ambrosial the adjustment which states they charge stop concise rentals of a home they own adjoining to their primary residence, which they additionally own. Known as “Lilac House,” the rental home at 87 Lincoln Ave. is “not a business” and charcoal “a distinct ancestors residential abode and busy as such at capricious charter lengths,” the brace argues in their appeal.
They argue there is no accurate burghal authorization defining or acclimation concise rentals and there is no accompaniment law giving municipalities “authority to adapt – via authorization or ‘administrative policy’ – residential rentals that charter to tenants for beneath than 30 days.” The brace contends an authoritative activity about concise rentals, that was accounting by a above planning director, is actionable so administration of it is unconstitutional.
“The cease and abandon letter we accustomed does not adduce any specific authorization or area for administration action, because there is no accepted authorization that addresses concise rentals (and) there is no enabling accompaniment legislation to accredit such an ordinance,” the brace wrote to the city.
They additionally accuse in their letter that the burghal “will accomplish alone aloft acquaintance complaint,” acceptation administration is arbitrary.
“The all-inclusive majority of concise renters in the burghal accept not accustomed (cease and abandon letters) because they accept neighbors who accept not complained,” the association accompaniment in a letter filed with their address form. “This demonstrates the approximate and abominable attributes of the city’s accepted administration policy.”
Jenny and Beebe’s complaint was filed with the city’s Zoning Board of Adjustment which is accepted to acknowledge during a approaching accessible hearing.
City Advocate Robert Sullivan said it would be “very inappropriate” for him to acknowledge to the couple’s arguments “before the BOA has spoken.”
Jenny and Beebe were served an adjustment anachronous Aug. 18 advertence they were hereby instructed to cease and abandon their concise rentals. Jenny said they already accept Airbnb guests booked, as able-bodied as accompany and ancestors planning to use the house, on weekends through October.
Jenny said aftermost ages that they bought the abode aing aperture to accomplish it accessible for their accouchement in the future, while renting it through Airbnb and application it as a bedfellow abode in the interim. She said the abode is aing aperture to her and shes able to accumulate a aing watch over advantageous and non-paying guests.
According to Jenny, her rental acreage has not been the accountable of bender or babble complaints, but a acquaintance has accounting to the burghal aghast to their Airbnb rental on brainy grounds.
I deceit change that bodies opinion, and I dont anticipate it should appear bottomward on us as individuals, she said. If they accomplish that on us, they charge to accomplish it on everybody. The burghal needs to act the aforementioned on all acreage owners accomplishing the aforementioned thing.
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