Cities That Chase Their Short Term Rentals Away… (Tourist Homes)

I think it is time Mike Madigan, Ray Billica and Chris Aronica finally get with the program.  You guys need to stop being CAVE (citizens against virtually everything) dwellers.  Read about the issues and stop acting as obstructionists.  You are going to open the Town up to a lawsuit that could cost us taxpayers a lot of money.  REMEMBER THE 1992 RIVER OAKS MARINA LAWSUIT?  CLICK HERE TO READ  Where the Town lost Millions of Dollars in a lawsuit for being STUPID.  Now, you three (3) are doing it again.  Further, if you don’t put Doug Learman on a leash (or better yet promote him to a desk job that has no Public interaction) and you continue to play around trying to stop vacation homes you are going to open up the Town to another Regulatory Taking case.  CLICK HERE TO READ ABOUT!

If you still don’t realize what I am talking about it, it means if someone owns a property and are renting it out on a Short Term basis (Tourist Home) and you pass a law or resolution to stop them you are creating a Regulatory Taking.  You are “Taking” their ability to collect “Short Term Rental Income” and you can be sued for their loss of that income from your newly enacted Regulation.  Exactly, like 1989-1992 when the Town passed it’s so called Clay Moratorium to stop River Oaks Marina from selling its clay off Grand Island.  Some of the elected officials on the Town Board of Grand Island just don’t seem to learn.  Further, you are losing or spending our tax dollars which does not seem to matter to you.  WAKE UP.

Since Mike Madigan has made the comment “Let’s let the Court decide”, this is what you are facing.  If I was a Tourist Home owner and you, the Town Board of Grand Island tried to stop me from renting my property on a Short Term basis, I would sue the Town for 99 years of Short Term Rent in Federal Court as a Regulatory Taking.  Does that explain it better for you.  Not a very smart decision on your part Mike.  You want to roll the dice in Court with our Tax Dollars?  I don’t think so.  Remember the Fahnings Tourist Home Supreme Court Ruling in 2015?  CLICK HERE TO READ  The Town lost miserably and cost us Taxpayers tens of thousands in wasted legal fees.  I wrote an article about it CLICK HERE TO READ.  That is exactly the type of ruling you can expect if you keep playing with fire and next time you might also face punitive damages for continuing to not learn your lesson.  And worse, if you try to mess with one of the Tourist Homes owned by the Plaintiff’s in Fahnings case and I was one of them, I would sue you in State Supreme Court under that old lawsuit for Contempt of Court on that March 12, 2015 Order, and ask you be punished with Punitive Damages for violating that Order which said the Town is NOT to interfere with their Tourist Homes.  You are playing with our tax dollars and these issues seem to be way over your head.  You three (Mike Madigan, Ray Billica and Chris Aronica) act more like the Three Stooges than intelligent Councilman.  You are playing with fire and the one who gets burned is going to be us taxpayers.

Stop trying to keep Grand Island in the Dark Ages.  If you do, progress is going to step on you and leave you behind and you are going to cost us taxpayers money, just like the River Oaks Marina lawsuit did.

This article is reprinted from Vacation Rentals: Regulations, Standards and Practices website authored by Doug Coates.

Cities That Chase Their Short Term Rentals Away…

Have you heard the expression “shooting yourself in the foot”.  The expression is shorthand for pointing out self-defeating behavior.

Many counties and cities exhibit this behavior in their reaction to Short Term Rentals.  Its not too unusual to see:

  • a city, county or region that spends millions of dollars each year in an attempt to attract tourists, but passes laws that outlaw one of the most highly preferred lodging options for those tourists — short term rentals.
  • cities and countys that spend several years courting a big business to come to their area, because that big business brings jobs and tax revenues and prosperity when it opens its doors, but passes laws that are destructive to a thriving vacation rental economy that provides just as many jobs, just as much tax revenue, and just as much economic prosperity.
  • a city that spends millions to redevelop a section of their community, while outlawing activity of vacation rental owners, who have a history of redeveloping neighborhoods and improving property values, at their own expense.
  • city and county officials that complain about the lack of citizen participation, but are offended and refuse to listen when a hundred people show up at a meeting to tell them they are on the wrong track in their efforts to interfere with local vacation rental activity.

Vacation rentals impact local neighborhoods, just like longer term rentals do, but the economic, social and ecological impacts of disbursing your tourists in houses across a community are arguably much less than the impacts of developing large hotels and resorts.

In many communities tourism is seasonal, and a hotel and tourism district looks like a ghost town when the season is over, but in those same communities, vacation rentals tend to bring in families and business travelers all year long.

When factories and big box stores and other big businesses come into a community they create problems and bring benefits.  Legislators make agreements and appropriately regulate these operations, to manage the problems and maximize the benefits.  The same approach works well with vacation rentals.

Responsible and thoughtful regulation of short term rentals can and should be done in a manner that is consistent with other goals of a community.
Doug Coates
Here is a message to Mike Madigan, Ray Billica and Chris Aronica.
Maybe you guys should go here and do a little homework!
Vacation Homes help the tax base and brings outside dollars into our community.  Embrace it and regulate it.




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