Harris Township residents threaten legal action against proposed short-term rental fix

As short-term rentals (STRs) like Airbnbs and VRBOs continue to grow in popularity across the Centre Region, many municipalities like Harris Township are beginning to impose further regulations on them — but not everyone’s happy about it.

The township’s talk of forming an ordinance for the regulation of the rentals started in April, with the supervisors sharing that the township’s residential zoning areas had no regulations for what the STR property owners could do. In other words, homes could be left unoccupied, someone could rent out their home 365 days a year, or parking could take place anywhere on the property including the lawn, among other examples.

The goal, according to Supervisor Bruce Lord, is to regulate the township’s roughly 50 STRs while also “maintaining the fabric of the community.” Currently, the supervisors and staff are still working through the draft ordinance, making adjustments to it after each meeting. And, now, it’s almost ready to be sent to the township’s planning commission for review.

But STR owners aren’t happy with the proposed changes, or transitioning from virtually no regulation to a series of regulations, such as limiting the length of time a home can be rented to 120 days a year.

Led by Eric Hurvitz, a real estate agent who owns an STR property in Harris Township, a group of 15 STR owners announced Monday that they’ve hired the legal counsel of Stevens & Lee Attorney Ambrose Heinz, and would be considering action against the township if the draft passed in its current state.

“We’re disappointed with the results of these discussions so far, despite the forum of differing opinions on the matter,” Hurvitz said. “It appears that the board, or the township, has chosen to draft what we feel is a one-sided solution.”

Anyone looking to open an STR after the ordinance’s future enactment would have to live in the property for at least eight months out of the year. (Other municipalities have similar requirements, in hopes to deter others from purchasing property strictly with the intention of renting.)

STRs that began before the proposed ordinance’s implementation would not have to follow the new rule and could remain “non-owner-occupied.” However, if such an owner later sells the home, that house would be forced to follow the new ordinance. And Hurvitz argued that was not legally enforceable.

“This is a clear violation of zoning law,” Hurvitz said. “This non-conforming use is allowed to run with the land, ie., continue until that use is either a nuisance, abandoned or extinguished by eminent domain.”

The draft ordinance also states that STRs may be operated in increments of 29 consecutive nights or less, and no more than 120 cumulative nights per year — a number that many of the property owners felt was unfair, despite other Centre Region municipalities allowing even fewer.

Bellefonte and State College boroughs, and College and Ferguson townships are the four with STR ordinances, with Bellefonte offering a 60-night cap, State College offering a 120-night cap, College Township offering a 45-night cap and Ferguson Township not offering a cap, as long as the STR is located at the permanent residence of the owner, with the owner residing there for at least six months of the year.

Another part of the draft that the group took issue with was the potential parking implications, if passed.

Under the draft, guest vehicles must park entirely on the property containing the STR, not in the public street. The number of vehicles parked on an STR property can’t exceed the number of off-street parking spaces, and there should be at least one concrete or asphalt parking space for each bedroom.

“It’s clear through provisions like this that the township is singling out our particular use — you cannot change rules for a specific use,” Hurvitz said. “If you’d like to change the rules of parking in Harris Township, then you have the authority to do so for all citizens, including permanent residents, long-term rentals, visitors, commercial property owners. ... No street parking means no street parking.”

Hurvitz added: ”We take issue with the fact that off-street parking must be concrete or asphalt. Many properties in Harris Township have gravel driveways ... This would also prohibit any homeowner with an unpaved drive from getting a new permit, which again, seems unreasonably restrictive.”

While Supervisor Nigel Wilson clarified later in the meeting that only additional parking spaces, not driveways, must be paved, it was indicated by other supervisors and staff members that the language in the parking section potentially be updated to clarify that.

Aside from Hurvitz’s issues with the draft, he also brought an array of other, less-talked-about concerns to the table, including an “unreasonable and discriminatory” requirement that only STR owners obtain $500,000 in general liability insurance; an “unlawful” prohibition of property condo/multi-property owners from renting their homes on a short-term basis; an “unnecessary” septic tank documentation requirement; and the way in which criminal, nuisance and regulatory ordinances are seemingly only enforced for STRs.

After six other STR owners spoke out against the draft ordinance, each sharing similar concerns to what Hurvitz had shared, the supervisors decided to table the vote to send the draft to the planning commission.

While the supervisors did not directly respond to the threat of legal action, Lord did address the group, sharing that the ordinance would be discussed further at future meetings, which take place at 7 p.m. on the second Monday of each month.

“I think we’re all concerned about the character of our community,” Lord said. “We have to discuss the topic of the number of days per year, and we need to address the parking — particularly gravel parking, and whether or not it can be done in a way that’s appropriate. ... We’re going to keep working.”