One of the topics generating a great deal of attention in zoning relates to people leasing their residential homes via Airbnb.
This issue came up in Reihner v. City of Scranton Zoning Hearing Board No. 256 C.D. 2017 (PA Commw. Ct. Dec. 8, 2017). The owners of a single family residential dwelling rented the three bedrooms on the second floor of their house via the Airbnb website.
The City filed a notice of violation alleging that the use was a “Bed and Breakfast” which was not allowed in the property’s zoning district.
Scranton’s ordinance defined a “Bed and Breakfast use” as follows:
“The use of a single family residential dwelling and/or accessory structure which includes the rental of overnight sleeping accommodations and bathroom access…and which does not provide any cooking facilities or provision of meals for guests other than breakfast…”