Navigating Legal Issues in Short-Term Rentals

Dov Treiman
Ronald Garfield
Hunter Ross
Richard W.F. Swor
Dov Treiman | Adam Leitman Bailey, P.C.
Ronald Garfield | Garfield & Hecht, P.C.
Hunter Ross | Garfield & Hecht, P.C.
Richard W.F. Swor | Husch Blackwell LLP

Re-Broadcast: April 25, 2024

$295.00 3.5 hour CLE

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Program Summary

Session I - Latest Developments in Short Term Rentals (Including AirBnB) – Dov Treiman

The latest developments in short-term rentals, including platforms like Airbnb, have brought several key topics to the forefront. This discussion will cover the recent legal  hanges aimed at restricting these rentals, offering insights into lease drafting strategies that discourage tenants from engaging in such practices. Additionally, it will provide self-help strategies to address guest-related issues proactively. Furthermore, participants will gain valuable insights into litigation strategies both against tenants who violate rental terms and against the rental agencies themselves. Stay informed and navigate the evolving landscape of short-term rentals with this comprehensive update.

Key topics to be discussed:

  • New Legal Restrictions
  • Lease Drafting Strategies
  • Self-Help Solutions
  • Litigation Against Tenants
  • Litigation Against Rental Agencies

Session II - Navigating Short-Term Rentals: Recent Developments, Enforcement Hurdles, & Mitigating Risks – Ronald Garfield and Hunter Ross

Ronald Garfield and Hunter Ross’s presentation, Navigating Short Term Rentals: Recent Developments, Enforcement Hurdles, & Mitigating Risks, will focus on giving lawyers helpful tips when representing clients in the short-term rental (“STR”) arena. Their presentation will discuss advisable lease provisions for STR landlords, provide practical advice for lawyers representing HOAs that wish to regulate STRs, and discuss common STR regulations and legal challenges to them.

Key topics to be discussed:

  • What is a “short term rental” (“STR”)?
  • The Rise of STRs and Attendant Regulations
  • The Aspen Experience
  • Other Governments
  • Homeowner Associations (“HOA”) Regulations
  • Recent Legal Developments & Common Legal Challenges to STR Regulations
  • Drafting STR Leases
  • Surveillance Cameras
  • Property Managers
  • Insurance Provisions
  • Tax Considerations
  • Concluding Remarks

Session III - Land Use Challenges Related to Short-Term Rental Properties – Richard Swor

Richard will be discussing how courts have interpreted land use related challenges to operation of short-term rental properties. Specifically, Richard will discuss how courts around the country have analyzed short-term rental properties in the context of zoning regulations and restrictive covenants. As the courts have focused on whether a short-term rental property should be considered “commercial” or “residential” in the context of these governmental and deed-based restrictions, so too will Richard discuss the nuances of this distinction, the importance thereof, and what factors courts have relied upon in making this determination. Understanding these distinctions is helpful for short-term rental property owners, residential communities with short-term rental properties operating therein, and attorneys advising clients in the short-term rental property sphere.

Key topics to be discussed:

  • Short-term Rentals as a “Commercial” vs. “Residential” use in the context of zoning regulations
  • Short-term Rentals as a “Commercial” vs. “Residential” use in the context of restrictive covenants
  • Further considerations in the zoning and restrictive covenant context based on the nature of the Short-term Rental

This course is co-sponsored with myLawCLE.

Date / Time: April 25, 2024

  • 1:00 pm – 5:00 pm Eastern
  • 12:00 pm – 4:00 pm Central
  • 11:00 am – 3:00 pm Mountain
  • 11:00 am – 2:00 pm Pacific

Closed-captioning available

Speakers

Dov Treiman_FedBarDov Treiman | Adam Leitman Bailey, P.C.

Mr. Treiman has been a partner at Adam Leitman Bailey P.C. since 2006 and chairs the Landlord-Tenant Civil Litigation Practice.

Mr. Treiman was involved in private practice for fifteen years before devoting his principal time to the collecting, editing, writing, and publishing of scholarly research materials in landlord-tenant law. His writings include numerous articles in the New York Law Journal and many articles in the Landlord-Tenant Practice Reporter.

Mr. Treiman was the Founding Editor and Contributor of a great many articles to Landlord Tenant Monthly (4 volumes); Editor and Commentator, The Housing Court Reporter (24 volumes); Editor and Commentator, Treiman’s Commentaries (3 volumes); Editor, The Housing Court Reporter Chronological Annotator (3 volumes); Editor, The Housing Court Reporter Plaintiff-Defendant Tables (2 volumes); Editor, The Housing Court Reporter Digest (7 volumes); Editor and Commentator, Treiman’s New York Landlord Tenant Statutes Annotated (3 volumes); Editor and Commentator, Treiman’s Rent Stabilization Code Annotated (3 volumes); Editor and Author, Treiman’s Trial Manual; Editor and Principal Author, Treiman’s Encyclopedia and Dictionary (2 volumes); Editor and Commentator, Treiman’s Leading Cases (2 volumes); Editor, Public Documents of the DHCR; Editor, The Loft Board Reporter (18 volumes); Editor, The New York City Administrative Law Reporter (3 volumes); Editor, Landlord Tenant Appellate Reporter (7 volumes).

Of these, undoubtedly, the most important is the Housing Court Reporter, the standard work used by all the New York City courts and all quality practitioners of landlord-tenant law to search through some 50,000 cases for applicable precedents for appellate briefs, legal documents and motions.

Mr. Treiman was also commissioned by the State of New York to produce special editions of several of these works for their use in chambers by each of the Housing Judges.

In all, Mr. Treiman has written over 80 volumes on the subject of landlord-tenant law and has often been quoted as authority in decisions written by the various courts and by other legal commentators. Mr. Treiman is a principal author of most of the standard form leases and related documents in use throughout the New York City area and has created customized versions of many of these documents for the firm’s clients. Mr. Treiman has also written several other books on non-legal topics, both fiction and non-fiction.

Mr. Treiman is a highly sought lecturer on landlord-tenant subjects and has been retained by most of the providers of Continuing Legal Education in New York State. He was the principal consultant to the New York Times for landlord-tenant matters. Mr. Treiman is the Chair of the Board of Advisors of the Apartment Law Insider.

Mr. Treiman has been recognized for this work with featured biographies in Who’s Who in American Business, Who’s Who in American Law, Who’s Who in America and has been designated in AVVO as “Superb,” and has repeatedly been designated as a Super Lawyer. Mr. Treiman earned his Bachelor’s Degree from the State University of New York at Stony Brook and his Juris Doctor from St. John’s University, School of Law. Mr. Treiman has also received certificates from the Hebrew University in Jerusalem and from Princeton Theological Seminary “With Distinction.” Mr. Treiman has studied numerous languages and is strongly conversant in several of them.

 

Ronald-Garfield_Garfield-&-Hecht_FedBarRonald Garfield | Garfield & Hecht, P.C.

Ronald Garfield is a founder of Garfield & Hecht, P.C, which opened its doors in 1975. The firm has offices throughout the western slope of Colorado as well as Denver. In addition to representing both landlords and tenants in negotiating retail, office and residential leases, Ron has authored homeowners association documents and covenants and declarations and related documents for a variety of developments from duplexes to planned unit developments. Ron also represents a number of our bank clients.

Over the years, Ron has published and presented in various CLEs regarding topics of interest to real estate attorneys.

Hunter Ross_FedBarHunter Ross | Garfield & Hecht, P.C.

Hunter is an associate attorney with a practice that focuses on civil litigation. Most of Hunter’s litigation practice focuses on real estate issues such as landlord/tenant disputes, disclosure disputes, construction defect actions, and affordable housing issues. Hunter spent two summers during law school interning for Garfield & Hecht.

 

Richard W.F. Swor_FedBarRichard W.F. Swor | Husch Blackwell LLP

Richard represents clients in complex commercial litigation, especially disputes over property—both real and intellectual. For Richard, litigation is a matter of lining up favorable facts and legal strategies in creative ways. He excels at finding the best path to victory—or to the best outcome possible—for a client, and he’s always prepared to go to trial when it’s in the client’s best interest. While Richard is experienced with a variety of business disputes, he has a particular focus on property litigation, whether real or intellectual. He has represented clients in commercial real property litigation, particularly commercial landlord/tenant disputes. Additionally, Richard frequently represents clients in brand enforcement and trademark disputes. A zealous advocate with a gift for creative strategies, Richard is also a realist who provides clients with pragmatic advice. He sees his role as providing both his opinion on the client’s best course of action, as well as a full list of options, adjusting his strategies to suit client preferences.

Agenda

Session I – Latest Developments in Short Term Rentals (Including AirBnB) | 1:00pm – 2:40pm

I. New Legal Restrictions | 1:00pm – 1:20pm

II. Lease Drafting Strategies | 1:20pm – 1:40pm

III. Self-Help Solutions | 1:40pm – 2:00pm

Break | 2:00pm – 2:10pm

IV. Litigation Against Tenants | 2:10pm – 2:25pm

V. Litigation Against Rental Agencies | 2:25pm – 2:40pm

Session II – Navigating Short-Term Rentals: Recent Developments, Enforcement Hurdles, & Mitigating Risks | 2:40pm – 4:20pm

I. What is a “short term rental” (“STR”)? | 2:40pm – 2:45pm

II. The Rise of STRs and Attendant Regulations | 2:45pm – 2:50pm

III. The Aspen Experience | 2:50pm – 2:55pm

IV. Other Governments | 2:55pm – 3:00pm

V. Homeowner Associations (“HOA”) Regulations | 3:00pm – 3:05pm

VI. Recent Legal Developments & Common Legal Challenges to STR Regulations | 3:05pm – 3:10pm

Break | 3:10pm – 3:20pm

VII. Drafting STR Leases | 3:20pm – 3:30pm

VIII. Surveillance Cameras | 3:30pm – 3:40pm

IX. Property Managers | 3:40pm – 3:50pm

X. Insurance Provisions | 3:50pm – 4:00pm

XI Tax Considerations | 4:00pm – 4:10pm

XII. Concluding Remarks | 4:10pm – 4:20pm

Break | 4:20pm – 4:30pm

Session III – Land Use Challenges Related to Short-Term Rental Properties | 4:30pm – 5:00pm

I. Short-term Rentals as a “Commercial” vs. “Residential” use in the context of zoning regulations | 4:30pm – 4:40pm

II. Short-term Rentals as a “Commercial” vs. “Residential” use in the context of restrictive covenants | 4:40pm – 4:50pm

III. Further considerations in the zoning and restrictive covenant context based on the nature of the Short-term Rental | 4:50pm – 5:00pm