In September 2017 Savannah City officials adopted an amended ordinance to define and create more structure for the growing number of short-term vacation rentals within the city. Now, just three months later, in December 2017, the City of Savannah filed a lawsuit against Mark Dewitt and his company Ardsley Park Savannah Properties, LLC. for operating vacation rentals in a district where they are prohibited by the city’s zoning ordinance. The lawsuit requests temporary and permanent injunctions halting what it claims to be illegal commercial use in residential neighborhoods, in addition to fines and attorney’s fees.
The lawsuit, filed on December 12, 2017 claims Dewitt advertises at least 26 unlicensed units, some located in districts such as Ardsley Park, that do not allow short-term rentals.
At this time, DeWitt has indicated he plans to fight the lawsuit. His attorney, Don Dyches, claims the city’s ordinance does not comply with state law, which protects a homeowner’s property rights. He also referenced the 2016 Georgia Court of Appeals previous ruling in DeWitt’s favor when the city filed a similar lawsuit.
In the June 2016 ruling, the Georgia Court of Appeals found that a previous ruling in 2013 against DeWittt, was based on existing laws that regulate “inns” but did not clearly define an “inn” and therefore could not be assumed to apply to DeWitt’s business practices. This was before the city adopted the current ordinance that defines short-term vacation rentals.
City Attorney Brooks Stillwell stated he believes the Court of Appeals ruling has no bearing on the current case.
Earlier this year, Georgia State Rep. Matt Dollar introduced legislation via HB 579 that would keep local governments from banning the short-term vacation rental businesses. If passed, this legislation would repeal the laws Savannah and other cities currently have in place.
Dollar indicated he is accepting feedback from interested parties on the proposed bill through the end of 2017.
Paul Terrell
December 31, 2017 at 12:09 pm
When are city governments going to realize that Short Term Rentals are very positive not only for the city in revenue accumulation but to property owners in their property valuation increasing which in turn provides more money to the city in tax assessments increasing and the property owners that participate would obviously get a substantial return on their property investment and in turn have additional revenue to improve the property beyond what improvements any of the property neighbors would be doing. Short term renters are more respective of property owners property than long term renters who let things go astray over time. Their is less burden on the city enforcement people that can’t keep up with the growing trend and there is even less domestic disturbance calls when a community embraces Short Term Rentals.
Ex Castillo
December 27, 2017 at 2:07 pm
Giving opportunity for vacation rental business to grow is taken into account. It is a healthy business competition among all others who has the same type of business. Somehow, general statutes of the state has to be reviewed to determine the applicable laws and regulations as it relates to leasing vacation property. Regulations must be set for both property owners and residential neighbors fairly as to promote safety and economic offers for the area. Please check http://rentalo.com to learn about vacation rentals.