Safety concerns drive discussion on proposal to regulate New Philadelphia Airbnbs
NEW PHILADELPHIA ‒ Council members held a wide-ranging discussion Monday on regulation of Airbnbs, vacant properties and inspection of rental properties in the city of New Philadelphia.
Airbnbs, Vrbos and short-term rentals have sprung up throughout Tuscarawas County in the past few years. According to Dee Grossman, executive director of the Tuscarawas County Convention and Visitors Bureau, there are at least a dozen Airbnbs in New Philadelphia and 221 throughout Tuscarawas County. A majority of them are in the northern and western portions of the county.
Council is considering an ordinance that would require short-term rental owners to seek a variance from the Board of Zoning Appeals to operate such a business in New Philadelphia. Many of these short-term rentals are in areas zoned residential.
In 2022, there were 5,396 overnight stays at short-term rentals in New Philadelphia, at an average room rental of $186 per night, Grossman said. That represents $1,003,656 worth of Airbnbs within the city of New Philadelphia sold in 2022. Airbnbs do not pay the city's lodging tax, which means New Philadelphia had $30,109 in lost revenue from the lodging tax.
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Concerns about safety
"For us at the convention and visitors bureau, this isn't about money," she told council. "The $30,000 that you guys are going to collect, if you enforce a lodging tax, has no effect on us. I don't even really think $30,000 is going to make or break the city of New Philadelphia. But I do want to be very clear, it is about the safety of our visitors."
While hotels in the city are inspected by the state and the health department, Airbnbs and short-term rentals are not, she said.
"We have no way to know whether the windows are painted shut in the homes, whether or not doors can be escaped from during a fire," she said. "We don't know if they have good water. We don't know if they have fire extinguishers because no one's in there checking. We know what they have in our hotels, because it's a regulation. They're certified."
She noted a case in 2021 in which a 7-year-old Stark County boy died when he became trapped in an elevator at a rental in North Carolina. That state's Department of Labor does not have the statutory authority to inspect private residence elevators.
Bucks Township case: Tuscarawas County sheriff's deputy hit by vehicle while responding to 300-person 'party'
She also made mention of an incident in February where a deputy from the Tuscarawas County Sheriff's Office was hit by a vehicle while responding to a complaint about a large party at an Airbnb property in Bucks Township south of Ragersville. About 300 people were at the party.
"This is a pesky issue, so you talking about it is very forward thinking," Grossman told council. "They're operating as a business. Treat them as a business."
Council will consider the issue further at an upcoming meeting.
Vacant properties
The city is also considering an ordinance that would require the owners of vacant residential and business properties to register them with the city. Owners would be required to register no later than 90 days after the property becomes vacant or no later than 30 days of being notified by the city's building and zoning administrator of the requirement to register.
Owners of residential properties would be required to pay an annual fee of $150, which would double until it reached $2,400 in the fifth year. Owners of commercial buildings would pay an annual fee of $300, which would double until it reached $4,800 in the fifth year.
The idea behind the legislation is the hope that the fees would prompt property owners to either tear down vacant buildings or repair them.
Unconstitutional proposal
City officials are rethinking a proposal to require inspections of all rental properties in New Philadelphia. After doing some research on the subject, Law Director Marvin Fete issued an opinion on Friday in which he said that mandatory inspections would be unconstitutional because they would violate property owners' Fourth Amendment rights against warrantless searches.
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The city's safety forces had asked for the inspections in an effort to combat dangerous and unsanitary conditions in some housing units. Inspectors have found rental units with no working water or sewer, instances of overcrowding and dilapidated buildings.
"We've heard from our fire inspector and our building inspector that this is getting pretty dire," Councilman Dan Lanzer said.
Fete said the city has the authority under its building and housing code to inspect rental units in an emergency situation or upon a complaint. But the city does not have the authority to inspect every rental property.
Reach Jon at 330-364-8415 or at jon.baker@timesreporter.com.
This article originally appeared on The Times-Reporter: Safety concerns drive discussion on New Philadelphia Airbnbs
