Neighbors learn few rules for short-term rentals

Aug. 2—Neighbors are learning there are few rules in place to govern short-term rentals in the county after finding one operating on their street.

"There's no zoning," Nancy Hyder told them during the Cumberland County Health and Safety Standards Board meeting July 28.

The property backs up to a school. The neighbors are concerned that an out-of-state investor had purchased the home and is using it as a short-term rental on the Airbnb online platform.

They raised concerns about individuals renting the property who may have criminal backgrounds.

The property is one of almost 30 in Cumberland County found on the online vacation rental website.

Short-term vacation rentals are fairly new, explained Cheryl Webb, a member of the committee. Most subdivision regulations were written before Airbnb and other online rental platforms became popular and increased awareness of the short-term rental industry.

"They [subdivision regulations] give individuals the right to rent a house, but short-term rentals were not on anyone's mind when those were written," she said. "Generally, in Cumberland County, it's never addressed."

Property owners associations can implement rules against short-term rentals. Fairfield Glade, for example, prohibits short-term rentals.

Cumberland County Attorney Philip Burnett said there could be legal recourse for other property owners, but the Health and Safety Standards Board does not have jurisdiction and there are no state or county rules prohibiting a short-term rental.

"It's something you as a group of homeowners would have to hire an attorney, look at the restrictions, and have the attorney file suit," he said.

Burnett said the property owner would have to have a business license, pay sales tax to the state and pay hotel/motel tax to the county.

Webb noted there are few guarantees that anyone moving into a property would have a background check conducted.

According to the Airbnb website, the company checks guests and hosts names and date of birth against databases of public state and county criminal records and state and national sex offender registries.

The company notes that background checks could miss some past crimes, may contain gaps in information, and do not guarantee a person won't break the law in the future.

The company will remove a user when a background check reveals convictions, such as murder, terrorism, rape or child molestation.

Convictions for other crimes, such as felony burglary or felony larceny, can result in removal from the platform for 14 years.

Tennessee defines short-term rentals as a rental lasting between one and 89 nights. Some jurisdictions in the state have sought to restrict short-term rentals, primarily in more urban areas.

In other business, the committee closed its file on a complaint against a property on Oswego Dr. in Lake Tansi. The property has been cleared and is currently listed for sale.

Another complaint against a property on Yourk Dr. was continued following the sale of the land and fire-damaged home to a new owner.

Burnett explained the complaint stayed with the property and the committee voted to send a letter to the new owner informing them of complaints regarding an unsafe structure that was accessible, with open doors and windows.

The search continues for an heir to a home on Bent Tree Dr. Siblings of the deceased owner have not wanted to take on the process of opening an estate.

Burnett said he continues to talk with family members and hopes that process will begin soon.

The estate must go through probate court before the house can be sold. It has been vacant since 2011, and taxes have not been paid since 2010.

With several months left before there could be a conclusion, committee members asked about cleaning up the property. Neighbors had complained to the board that the overgrown double lot at the corner of the road invited vermin into the community.

Burnett said a local excavating company had estimated the cost to remove the brush and debris from the property at $2,000-$2,500. He warned that spending such an amount — about half the board's annual budget — could be risky without proof of the health and safety violations cited by neighbors.

The committee agreed to solicit multiple bids for cleaning up the property and to invite the individuals who filed the original complaint to return to the Aug. 25 meeting to gain a better understanding of the ongoing concerns of the community.

Heather Mullinix is editor of the Crossville Chronicle. She covers schools and education in Cumberland County. She may be reached at hmullinix@crossville-chronicle.com.