Hartford Business Journal

10 HARTFORDBUSINESS.COM | APRIL 15, 2024 This house at 146 Raymond Road in West Hartford is one of three the town wants owner Mark Chu to remove from Airbnb. HBJ PHOTO | DAVID KRECHEVSKY 'Rights Of Ownership' West Hartford becomes a battleground in long-term struggle over short-term rentals to AirDNA, an app and website that tracks short-term rentals, the market has grown, with 2.46 million active listings nationwide in 2023. As of early April, there were 73 active short-term rental listings in West Hartford, up 49% over the past year, AirDNA said. Chu, a Plainville native who has owned Farmington-based real estate development company Instant Property Solutions LLC for nearly 30 years, acquired the four West Hartford properties in early June last year. He then poured about $300,000 into rehabilitating them; two of the homes were unoccupied at the time. Just over five months later, he received a "notice of potential violation" from Robert Gosselin, the town's zoning enforcement officer, citing the listings for 136 and 150 Raymond Road on Airbnb. The letters — dated Nov. 24, 2023, the day after Thanksgiving — stated that the town had received a complaint and verified that the homes were listed on Airbnb and "occupied by transient guests." The letters added, "Please note, our ordinance does not allow for short-term rentals in residential zones." The letters stated that Chu had violated a list of permitted uses and asked him to "(p)lease remove your listing." It also warned that a cease- and-desist order would follow if he did not comply. He subsequently received a third, similar notice, dated Dec. 26, for his house at 146 Raymond Road. The town has not cited his other house, at 152 Raymond Road, even though it also is listed on Airbnb. The three cease-and-desist orders were issued Jan. 17. 'Zoning is permissive' West Hartford officials declined to discuss the issue in detail while the appeal is pending. Town Planner Todd Dumais, though, spoke briefly with Hartford Business Journal and unequivocally stated that "short-term rentals are not permitted." Both Chu and his attorney, David J. Markowitz, a partner with Sims- bury law firm Hassett & George P.C., begged to differ. For starters, Markowitz says the town's ordinances do not contain a definition for short- term rentals, nor do they specifically mention them. "It's not in the town zoning regulations," he said. Further, he argues that if something is not specifically prohibited, then it is allowed. "That's what the case says that was argued before the (state) Supreme Court," Markowitz said. "That's one of the rights of ownership." Home vs. residence The case before the state's highest court is Frances Wihbey v. Pine Orchard Association Zoning Board of Appeals in Branford. Wihbey bought a single-family By David Krechevsky davidk@hartfordbusiness.com M ark Chu sees himself as a promoter of West Hartford. In 2023, he paid about $1.5 million to purchase four houses — three single-family homes and one duplex — on Raymond Road, less than a 2-minute walk from Blue Back Square in the heart of West Hartford Center. He bought them to use as short-term rentals; one of the homes had been listed on Airbnb for several years by the previous owner. "I'm an ambassador for the town," Chu said, explaining that he provides renters with information about businesses and attractions in West Hartford. "You know, here's the list of restaurants. Here's a movie theater. Here's the shopping. I'm pushing people right to where all these small businesses are." Renters appreciate the information, he said, adding, "People love that they're able to walk out of my houses, take a right on the sidewalk and be at Blue Back Square in 90 seconds." Unfortunately for Chu, town officials don't see him as an ambassador. Instead, they view him as a scofflaw. The town has issued cease-and-de- sist orders for three of his properties, demanding he remove their listings from Airbnb. Chu is protesting the orders, and will appear in front of the town Zoning Board of Appeals on April 17. A growing market Like many communities in Connecticut and nationwide, West Hartford is trying to rein in the growing number of residential prop- erties listed on short-term rental apps and websites like Airbnb and Vrbo. It has sparked battles among prop- erty owners — those who want to rent and those who object — and between renters and the municipal govern- ments that are trying to regulate, and in some cases ban, the practice. The issue has found its way to both the state Supreme Court and General Assembly, the latter of which is consid- ering a bill to grant communities more power to regulate short-term rentals. This is no small fight. According There were more than 2.46 million short-term rental listings nationwide in 2023, according to AirDNA. IMAGE | CONTRIBUTED David Markowitz

• Cover