Can an apartment block owner rent Airbnbs in their own building?
April 29, 2019 9:27 AM Subscribe
I'm referring here to the company that owns the apartment building, and not to any individual tenants (the lease for tenants prohibits sublets, including Airbnb). Philadelphia, PA, if that helps. Thank you!
They had planning permission to build apartments, but now there are some listings for apartments in that building on Airbnb. Anyway, IANAL, YA(probably)NAL ... but I'm having some trouble figuring out the correct search terms to get to correct parts of various building codes to see if this is allowed or not.
They had planning permission to build apartments, but now there are some listings for apartments in that building on Airbnb. Anyway, IANAL, YA(probably)NAL ... but I'm having some trouble figuring out the correct search terms to get to correct parts of various building codes to see if this is allowed or not.
Best answer: This isn't an official source but is consistent with a couple other articles I found and has citations. Of interest to you: "Full time landlords must obtain a commercial activity license from the Department of Licenses and Inspections, and pay a business tax." The exemptions seem to be for individuals who occupy the property themselves more than 180 days/year. In any case, calling that department and asking does indeed sound like a quick way to get the situation taken care of if it's not allowed.
posted by teremala at 9:42 AM on April 29, 2019 [2 favorites]
posted by teremala at 9:42 AM on April 29, 2019 [2 favorites]
Best answer: They can only rent the apartments out for 180 days a year each. Additionally:
If you rent for more than 90 days (but 180 days or less) per calendar year you must obtain a use registration permit as a “Limited Lodging Home”. This permit application may be filed with the City’s Department of Licenses and Inspections, located on the concourse level of the Municipal Services Building, 1401 John F Kennedy Blvd., Philadelphia, PA 19102.
I don't think this a planning issue, but rather an enforcement one. I'd consult with the above.
posted by DarlingBri at 9:45 AM on April 29, 2019 [4 favorites]
If you rent for more than 90 days (but 180 days or less) per calendar year you must obtain a use registration permit as a “Limited Lodging Home”. This permit application may be filed with the City’s Department of Licenses and Inspections, located on the concourse level of the Municipal Services Building, 1401 John F Kennedy Blvd., Philadelphia, PA 19102.
I don't think this a planning issue, but rather an enforcement one. I'd consult with the above.
posted by DarlingBri at 9:45 AM on April 29, 2019 [4 favorites]
Best answer: I don't know that the limited lodging stuff applies to this situation - that looks a lot more geared towards a single-family residence than an apartment building, and those two building types are actually separate occupancy types with VERY different requirements. Note the requirement about the home not being occupied by more than three non-related persons - I'd suspect a typical apartment building would greatly exceed that. Also, apartment buildings are a different occupancy type from hotels, although the difference in requirements between the two was pretty minimal last I checked.
I'm sure the local jurisdiction would be very interested to know if buildings aren't being used for the use permitted or if they're missing out on some hotel tax revenue.
posted by LionIndex at 11:26 AM on April 29, 2019 [2 favorites]
I'm sure the local jurisdiction would be very interested to know if buildings aren't being used for the use permitted or if they're missing out on some hotel tax revenue.
posted by LionIndex at 11:26 AM on April 29, 2019 [2 favorites]
Response by poster: (Yes that's a good point - variance from permitted use, and also unpaid taxes.)
posted by life moves pretty fast at 1:09 PM on April 29, 2019
posted by life moves pretty fast at 1:09 PM on April 29, 2019
Possibly a zoning violation as well as building code, but I'd imagine that a zone allowing apartments would also allow hotels. They might have different requirements for parking, setbacks, etc.
posted by LionIndex at 2:05 PM on April 29, 2019
posted by LionIndex at 2:05 PM on April 29, 2019
Best answer: You can search the specific property on Atlas.phila.gov , and I think those licenses and zoning info would be under "licenses & inspections ". Memail me if you have questions and I might be able to help. Openmaps.phila.gov might also be useful, looks like they map business licenses.
posted by sepviva at 2:44 PM on April 29, 2019 [2 favorites]
posted by sepviva at 2:44 PM on April 29, 2019 [2 favorites]
Best answer: I'd imagine that a zone allowing apartments would also allow hotels
Not necessarily - apartments are residential and hotels are commercial, and residential medium/high density doesn't always include a mixed or commercial zoning.
posted by the agents of KAOS at 3:11 PM on April 29, 2019 [2 favorites]
Not necessarily - apartments are residential and hotels are commercial, and residential medium/high density doesn't always include a mixed or commercial zoning.
posted by the agents of KAOS at 3:11 PM on April 29, 2019 [2 favorites]
Response by poster: Great, thanks! It's RSA-5.
I looked at a Philly zoning code summary - not sure if it is current but it is dated 2016 - and in RSA-5 'office,' 'retail,' and 'commercial' uses (including 'visitor accommodations') are 'expressly prohibited' (pages 8 and 9).
There are also various zoning attorney web sites that imply that a zoning variance might be applied for, although these latter sites may be just glorified ads.
posted by life moves pretty fast at 3:34 PM on April 29, 2019
I looked at a Philly zoning code summary - not sure if it is current but it is dated 2016 - and in RSA-5 'office,' 'retail,' and 'commercial' uses (including 'visitor accommodations') are 'expressly prohibited' (pages 8 and 9).
There are also various zoning attorney web sites that imply that a zoning variance might be applied for, although these latter sites may be just glorified ads.
posted by life moves pretty fast at 3:34 PM on April 29, 2019
Response by poster: So, I'm going to dig around and see what the City classifies Airbnb rentals as ...
posted by life moves pretty fast at 3:38 PM on April 29, 2019
posted by life moves pretty fast at 3:38 PM on April 29, 2019
Not necessarily - apartments are residential and hotels are commercial, and residential medium/high density doesn't always include a mixed or commercial zoning.
Well, yes and no - by the building code, they're both R occupancies, as are single-family residences. But, whether those uses are allowed in a residential zone is obviously a zoning code issue. I've lived in plenty of places where apartments and hotels existed in close proximity so it could go either way. In this case, it seems like the residential area is meant to be more purely residential.
posted by LionIndex at 3:48 PM on April 29, 2019 [1 favorite]
Well, yes and no - by the building code, they're both R occupancies, as are single-family residences. But, whether those uses are allowed in a residential zone is obviously a zoning code issue. I've lived in plenty of places where apartments and hotels existed in close proximity so it could go either way. In this case, it seems like the residential area is meant to be more purely residential.
posted by LionIndex at 3:48 PM on April 29, 2019 [1 favorite]
This thread is closed to new comments.
posted by seanmpuckett at 9:29 AM on April 29, 2019 [9 favorites]