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Howland residents file lawsuit against AirBnB

Howland residents seek shutdown of rental property

WARREN — A group of 30 residents of the Hidden Valley Tract community in Howland are suing a property management company to prevent the company from using a home in the neighborhood as an AirBnB.

The residents, represented by Warren-based attorney Michael D. Rossi, say Without Worry Property Management LLC using an 800 Hidden Lakes Drive NE home as an AirBnB violates two restrictions in the tract’s guidelines that prevent them from “accommodating more than one family,” the lawsuit states.

The lawsuit was filed in Trumbull County Common Pleas Court on Monday with a summons having been sent to the property management company Tuesday.

Without Worry Property Management declined to make a statement on the pending legal matter.

According to its website, the company offers both short-term rental AirBnB’s and monthly rentals.

They have existing AirBnB properties in the Warren and Howland area, including properties at Oasis at Avalon Estates; the Barcade at Fairlawn Heights; the Patchen House and the now disputed Urban Lakehouse in the Hidden Valley Tract neighborhood.

There’s been a growing trend across the country of LLC’s taking part in the market of short-term vacation rentals such as AirBnB’s for proposed benefits of potential tax deductions and protecting LLC owners’ personal assets from personal liability lawsuits.

According to information obtained from policymattersohio’s website, a tax provision in Ohio considered to be an “LLC loophole” allows for the first $250,000 of business income to be exempt from the state personal income tax and allows owners to take advantage of a 3% incentivised tax rate for businesses whose income is above that percentage threshold.

The lawsuit against Without Worry Property Management LLC is seeking judgment against allowing the company to host an AirBnB, stating the residents of the Hidden Valley Tract neighborhood have “equitable interest” in the company continuing to operate. The suit states until the company is “preliminarily and permanently” stopped, the residents say they’d have suffered “irreparable harm for which they have no adequate remedy at law.”

Gary Rich, an attorney and resident of the Hidden Lakes Tract, said, “We have deed restrictions against trades in our development. We do not want commercial properties in our development because it’s something that harms us all.”

Rich has concerns about not knowing who would be occupying the home at any given time.

“Who are these people?” he asked in regard to the would-be short-stay renters who would occupy the home. “Are they thieves or criminals? They will come and go but we’ll have no idea who these people are. We have a good solid neighborhood with houses valued at thousands of dollars.”

Rich said he hopes a permanent injunction will disallow the company from ever leasing the home for trades such as short-term AirBnB rentals in the community.

Dan Morgan, the township’s zoning director, said the township itself has no regulations on short-term rentals.

“In this situation, they have deed restrictions and it’s up to them on how they’re written and enforced,” he said.

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