[bouldercouncilhotline] Hotline: RE: Short-term rental concerns

[cmosupport at bouldercolorado.gov]

Sender: Firnhaber, Kurt

Dear Ms Brunner,

Thank you for emailing the City Council in regards to your concerns with a permanently affordable house that is being used for rental purposes. While you may hear directly from one or more council members, the following information provided by city staff may also be helpful. It is a staff response and may or may not represent the opinions of individual council members.  I am the Deputy Director of Housing for the City and have looked into your concerns when I became aware this afternoon.

I would first like to thank you for your concern for the proper and effective use of permanently affordable housing in Boulder.  We welcome such complaints and follow-up to ensure any such incidents are addressed.

After receiving your first complaint we have taken several steps to look into the rental situation at 4841 Hopkins Place.  On the 29th of April we communicated with the owner and sent through the required verification and policy information.  Since that time we have received the correct information that we would normally require to ensure compliance on residency.  On the 5th of May we also conducted a site visit where we were able to verify that the visitors staying at the house were indeed relatives.  However, we are aware that the house was being marketed for short term rentals.  The homeowner has assured us that that their home has been taken off any short term rental web sites.  Lastly, we are also working with the Rental Licensing team to further verify both the current and future rental status of this house.

I am aware that there has been regular back and forth communication between yourself and with Ms Urken  at the Housing Division in regards to your concerns in relation to your neighbor.  I appreciate your concern in ensuring the compliance of our valuable affordable housing program.  You may continue to interact with Ms Urken or Ms Delkamp.  You are also welcome to contact me for any further concerns you may have through e-mail or on my cell phone.  I will be following this over the next few days to ensure that the required follow through is in place.

Sincerely,

Kurt Firnhaber


[https://work.bouldercolorado.gov/links/fetch/900]

Kurt Firnhaber
Deputy Director of Housing
Department of Planning, Housing & Sustainability
Office: 303-441-4424
Cell:    303-917-0914
The Atrium Building, 1300 Canyon
Boulder, CO 80302





From: John Brunner [mailto:john_brunner at msn.com]
Sent: Wednesday, May 18, 2016 3:30 PM
To: Carr, Thomas; Appelbaum, Matt; Brockett, Aaron; Burton, Jan; Jones, Suzanne; Morzel, Lisa; Shoemaker, Andrew; Weaver, Sam; Yates, Bob; Young, Mary; plandevelop
Subject: RE: Short-term rental concerns

Boulder City Council, Tom Carr, and City of Boulder Rental Licensing,

I would like to update you on the situation at 4841 Hopkins Place, a property that has been illegally rented both long-term and short-term in the past.   Previous emails with the history are below for your review.

This home is PERMANENTLY AFFORDABLE HOUSING.  It has been used inappropriately for years, and the house continues to host different groups of people each weekend.  The owners are not abiding by the covenants of permanently affordable housing.    At the April 12th Northcreek HOA meeting, the owner stated  that when he is in town, he often stays with friends.  They do not live in the home.  As I stated in a previous email, their son goes to school in a different district, and has for the past few years.  This is not what permanently affordable housing is meant to be, and I find it disturbing that this type of abuse is allowed to continue.

I only found out recently that the home was permanently affordable.  Because of the confidentiality of the affordable housing, the owners have had a free pass to use the home as they wished.   It is unacceptable that they continue to use the house as an income property and a vacation home.

Please respond regarding what can be done about this blatant abuse of permanently affordable housing.

Thank you,

Rebecca Brunner

________________________________
From: john_brunner at msn.com<mailto:john_brunner at msn.com>
To: carrt at bouldercolorado.gov<mailto:carrt at bouldercolorado.gov>; appelbaumm at bouldercolorado.gov<mailto:appelbaumm at bouldercolorado.gov>; brocketta at bouldercolorado.gov<mailto:brocketta at bouldercolorado.gov>; burtonj at bouldercolorado.gov<mailto:burtonj at bouldercolorado.gov>; joness at bouldercolorado.gov<mailto:joness at bouldercolorado.gov>; morzell at bouldercolorado.gov<mailto:morzell at bouldercolorado.gov>; shoemakera at bouldercolorado.gov<mailto:shoemakera at bouldercolorado.gov>; weavers at bouldercolorado.gov<mailto:weavers at bouldercolorado.gov>; yatesb at bouldercolorado.gov<mailto:yatesb at bouldercolorado.gov>; youngm at bouldercolorado.gov<mailto:youngm at bouldercolorado.gov>; plandevelop at bouldercolorado.gov<mailto:plandevelop at bouldercolorado.gov>
Subject: Short-term rental concerns
Date: Thu, 14 Apr 2016 06:57:15 -0600
Boulder City Council, Tom Carr, and City of Boulder Rental Licensing,

I would like to share with you more recent concerns about my neighbors who are renting their house out as a year round short-term rental.  I first emailed the City Council on 3/31/16, and this was forwarded to the city attorney by 2 council members.   In order to be brief, I have listed the highlights of activity.

History of 4841 Hopkins Place, owned by Mark and Tanya White:

2012-2016:  unlicensed renting of home, both short-term and long-term.  After being warned by the city to stop renting their home short-term, they continued to do so until they were fined by the city.

March 2016:  home is advertised on Airbnb
March 2016:  Short-term renters stay in home

April 8:  Northcreek HOA sends out an email that the board will discuss short-term rentals in the neighborhood on April 12
April 11: Mark White applies for short-term rental license with the city of Boulder for 4841 Hopkins Place

April 12: Northcreek HOA meeting.  Mark White informs the Northcreek board that he has a short-term rental license and he is paying appropriate taxes to the city.  He states this home is his primary residence because he voter registration and auto registration are in Boulder.  He does not mention that his child, with whom he lives in a different home, attends school (elementary or middle school) in a district several hours from Boulder.

April 13:  I call the city office and they inform me the rental license for 4841 Hopkins Place is pending.  This property is still advertised on Airbnb, with several reservations during the next 4 months.



My main concern is how the homeowners of 4841 Hopkins Place will be considered "legal" (assuming their short-term rental license is approved) in renting their home, yet they are abusing the system.  The homeowners have shown in the past that they will follow the rules only when necessary.  They feel comfortable stating 4841 Hopkins Place is their primary residence, yet they have been in the house fewer than 10 days in 2016.  Their child goes to school in another district.  They have been advertising their home on Airbnb since March, despite not having a rental license.  They are well aware of the short-term rental ordinance, but they are only prompted to follow the law when the threat of consequences appear.

In 1997, I bought my home with the expectation it would remain a residential area.  Short-term rentals were illegal when the Whites bought their home.   I would never choose to live next door to a short-term rental, but now I must because of the new ordinance.  Living next to a short-term rental is truly like living next to a hotel.  It is frustrating that I have no recourse, especially when I believe licensing 4841 Hopkins Place as a short-term rental is not technically legal.  If their license is approved, it is only because those with little regard for the law will take advantage of the loose wording of the ordinance.

I would like to see the ordinance amended.  In early wording of the ordinance, there were a minimum number of days the homeowner needed to be in the home.  In my situation, this would be helpful.
I don't see how it is compatible to rent out an entire home for unlimited days each year and still have it be considered the "primary residence" of the owner.   Why is there not some limitation to the number of days it can be rented out?
The number of people allowed in one home is also concerning.  The neighbors have modified their home to include 5 bedrooms.  There are 2-3 models of homes in our neighborhood, and they usually contain 2-3 bedrooms.  The house next door is advertised for 9 people.  Most houses in my neighborhood have 2-4 people living in them.  My experience has been that because large groups are allowed to rent the house, it is by far the loudest one in our neighborhood, and it has the most parking/trash violations.
The short-term licenses are for 4 years.  Does that mean if my neighbors short-term rental license is approved, they are able to operate their short-term rental business for the next 4 years without question?

Obviously some people will use this ordinance to their advantage and for financial gain.  Is there no recourse for those who live in their home full-time?  Having a short-term rental next door changes my quality of life significantly.  Is this not important also?

Please do not delay in amending this ordinance.  I realize it will take some time to understand how it is affecting our community, but do not allow people to abuse the ordinance any longer than necessary.

Respectfully,

Rebecca Brunner
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