North Adams Panel Tosses 'Unworkable' Airbnb Ordinance to Mayor's Office

By Tammy DanielsiBerkshires Staff
Print Story | Email Story
NORTH ADAMS, Mass. — The General Government Committee declared the proposed short-term rental ordinance as "unworkable" and is recommending it go back to the mayor's office. 
 
The so-called "Airbnb ordinance" has been under development for nearly two years and was approved with amendments by the Planning Board last month. 
 
But the City Council two weeks ago decided that the amendments were unclear and decided a review by the General Government Committee was in order.  
 
"I had questions about where we should be going with this," said General Government Chair Wayne Wilkinson. "So I had a meeting with the mayor and with [Building Inspector William] Meranti, we sat down and said, 'Well, where are we going to take this from here?
 
"And after some considerable discussion, we decided that the ordinance as presented was just unworkable."
 
Wilkinson said he would be meeting April 29 with Mayor Jennifer Macksey, Meranti, and Zachary Feury, former Community Development project coordinator who now works for the state but who is continuing on retainer to consult on the ordinance. 
 
"I support it because this has been going on for over two years. It's gone nowhere," said committee member Peter Oleskiewicz. "I believe that between him and Mr. Meranti we can iron out and get some kind of ordinance in place and over time."
 
There had been a number of objections to the ordinance, including the requirement for professional managers for buildings where the owner did not live. 
 
It also did not include a cap on the number of units that the city could host, which several councilors and Meranti agreed would be worthwhile.
 
While the state has required owners of short-term rentals to register to pay rooms taxes, it's left regulation of units up to towns and cities.
 
Meranti's concerns have been that the units may not be in compliance with building codes and therefore a safety liability. They are technically illegal in residential zones because short-term rentals have been defined transient uses — motels and hotels — in commercial zones. He thought the language in the proposed ordinance could be streamlined and clarified. 
 
Committee member Ashley Shade felt it was urgent to get at least a "bare minimum" of registration and compliance certificate approved even before a full ordinance was hammered out. 
 
"There are a lot of short-term rental, owner-occupied people right now who have already rented out their homes, who are technically doing something that's not within the building code," she said. "And many of these people who are running these and operating these do so during the summer months, so if we can have an ordinance in place before then it limits our liability as a city and also protects them. So it's urgent to me."
 
Wilkinson suggested she could put it before the City Council and see if would be accepted.
 
City Councilor Keith Bona took issue with comments that the ordinance hadn't worked "for both sides" when inspection services had supported it. 
 
"I think what happened is the council, we got pressure. We got several Airbnb people that brought it to us and brought us questions and 'why are we doing this?'" he said. "I think clearly a lot of what they're upset about we don't have control over, Mr. Meranti, he doesn't have control over. ... This is the code. And so I don't know, in a sense, what we're supposed to be changing to this. We were sort of asked to turn a blind eye."
 
A number of other communities are trying to adopt bylaws to limit and manage the number of short-term rentals available. City Councilor Marie T. Harpin, who also attended the meeting, pointed to the efforts in Great Barrington, which is seeking to ensure such units remain residential prevent them from replacing long-term housing. 
 
Shade said her thought was that owner-occupied rentals would be preferable, but that non-owner occupied should be capped at something like 5 percent of available units.
 
The committee voted unanimously to recommend back to the mayor's office.
 
"Our intention is to trim it down, simplify it," said Meranti. "But the meat of it will still be there."

Tags: short-term rentals,   

If you would like to contribute information on this article, contact us at info@iberkshires.com.

NAHA Board Accepts Director's Resignation, Unlocks Tenants Association Office

By Jack GuerinoiBerkshires Staff

NORTH ADAMS, Mass. — The North Adams Housing Authority Board of Commissioners officially accepted the resignation of Executive Director Jennifer Hohn and restored access to the Tenants Association office.

The board held a special meeting Thursday to vote to accept Hohn's resignation and determined that there are currently no plans to replace her.

"We didn't make any final determinations in terms of the executive session so we will schedule another meeting at another time," Chairwoman Leigh Uqdah said after returning from more than an hour session. "Day-to-day operations will continue to be managed as normal by staff."

Per their bylaws, board member Marie Harpin will continue to handle finances, and Uqdah will manage contracts.

Hohn stepped down on Oct. 8 after 24 years leading the agency. Her resignation followed rising tension between her and the NAHA Tenants Association, culminating in the scheduling of a formal grievance hearing between both parties.

The boiling point was the locking of the association's office this summer. Tenants alleged the lockout was retaliation for posting a video on social media depicting improperly functioning door alarms. Hohn claimed the office was locked for tenant safety and to stop the spread of misinformation.

Tenants Association President Corey Fortin asked if Hohn's security access had been removed. Uqdah confirmed her credentials were revoked the day she resigned, meaning she can no longer monitor security cameras remotely.

Jennifer Barbeau, a former city councilor who was liaison to the Housing Authority, asked when the board met to discuss Hohn's severance package. Uqdah stated that Hohn did not have one.

The board also accepted the resignation of Commissioner Richard Lavigne, though they will vote officially on the matter at their next meeting.

The open portion of the meeting was brief, with nearly an hour and a half spent in executive session. Before entering executive session, the board opened the floor to tenants.

"The tenants requested an opportunity to talk to the board," said Uqdah. "It has been quite a while, but we have decided to honor that."

Fortin, who posted the original video to social media, was the first to speak. He was clear in his request: unlock the office door.

"Let's cut straight to the chase tonight. The former resigned Director Jennifer Hohn ordered the office locked," he alleged. "She is gone. The lockout is a direct violation, and the board has a duty to end that tonight."

He cited federal and state laws that mandate the tenants association be provided with office space, including computer and network access.

"We are here with a direct administrative demand. We demand that the board vote tonight to unlock the doors," he said. "Do not let a resigned director's illegal action remain the board's ongoing liability. Open our door tonight, and let us get back to work."

View Full Story

More North Adams Stories