Ocean City can't allow residential Airbnb; it's against county law: Letter

It's simple and  the law is very clear: Short-term rentals in R1, single-family residential neighborhoods are not allowed in Ocean City — per the Worcester County Code. 

The law considers short-term rentals a commercial enterprise — and commercial use is not allowed in R1 single family home neighborhoods.  

The definition of short-term rentals: anything less than four months and one day.  

It is no surprise Grace Masten, who sits on the Coastal Association of Realtors board of directors — along with our mayor, Rick Meehan, who is also a Realtor — is against enforcing the short-term rental ban.

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They and their fellow Realtors will be legally liable for any and all damage lawsuits that may — and could — be filed against them for selling single-family homes in R1 residential neighborhoods as investments to be rented and generate income. 

Let's make it very clear: The purpose and intent of ZS 1-205 R1 is to preserve and maintain the tranquility of single-family-zoned areas — not for Realtors to turn these areas into commercial districts and profit from renting out these homes. 

The argument of "property rights" is a moot issue, since "buyer beware" is no excuse for exploiting another's ignorance of the law.

We all know trying to enforce short-term rental issues through existing regulations doesn't and hasn't worked. It's about time the mayor and council do what's right for residents of our town. 

Let's not forget — the town needs these year-round residents.

It will be very interesting to see how the Ocean City mayor and council get around the code and laws of Worcester County.

They have been kicking this issue down the road for more than three and a half years.

Let's just hope they do the right thing. It's about time.

David Fox lives in Ocean City.

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