Quote from @JD Martin:
Thoughts:
1. Cities can and do have the right to regulate commercial activity unless their state takes that right away (which is generally not permitted under state constitutions) so you have that working against you anyway.
2. The no mail thing on a block for 2 months honestly sounds like a lie. You really wouldn't expect a hearing (or anyone else) to believe that because a mailman got bit - something that probably happens all the time in the US - no one on the block was able to receive home-delivered mail for two months? Mail delivers typically cover very large areas - what happened to all the other blocks - they couldn't get mail for 2 months as well? Or the other mail carriers all stepped up to cover all the other routes except your one block? Come on now.
3. You said you moved to a rental house in order to keep renting this out as an AirBnb. Once you moved that became your primary residence. There is a definition of primary residence; you can look it up on the IRS site. In the case of the IRS it's designed to keep you from being able to just claim anywhere, anytime, selling properties without paying capital gains, paying taxes due, etc.
Honestly I think the best advice that was given to you is to sell and move on. Until it's determined that cities can't stop you from having STRs anywhere, anytime, they will be allowed to regulate this activity. You don't have to like it but you are/were obviously circumventing their regulations which is why your license was denied. Take your profit (no capital gains, it sounds like) and buy in another market where there's no regulation.
Clearly youre much smarter than i, and ill certainly think twice about challenging the city next time! People should really just leave all their personal affairs to the state. Thanks for the wisdom, its really opened my eyes!
1. Cities can and do have the right to regulate commercial activity…
A. Ok, great insight, i wasnt aware city municipalities had the power to supersede state constitution by way of reinterpreting jurisdictions
2. The no mail thing on a block for 2 months honestly sounds like a lie
A. Totally, in fact this whole thing is a charade. I dont even own a house, let alone a mailbox for a USPS carrier to deliver a mortgage. The two Belgian Malinois next door are just a spicy detail i like to use for engaging the minds of site contributors like yourself. Apologies for being such a Dastardly Dan, its just my modus operandi
3. You said you moved to a rental house in order to keep renting this out as an AirBnb
A. Let me move tongue from cheek first and ask, does Walmart policy dictate how you conduct your affairs? As an employee sure, because thats a contract. Ahem, sorry i should be asking you the questions…. Is the IRS a elected lawmaking body of government? What is the 16th Amendment and did it grant such a body NEW tax powers and jurisdiction for that power? Im not sure where anyone said anything about claiming more than one primary residence, although im sure it happens, but what does the IRS say about renting a house across the street from your PR in order to rent it? Since PR is assumably mortgaged, binding you to that property, and a rental is leased/temp, what is the policy if the PR remains PR without ever claiming another, even in another county? Like i said, PR is for tax purposes and voting registration but thats now a comparatively boring an moot point :) No Walmart wont dictate your life, but you are bound to adhere to its policies while under their employ. Otherwise it makes not one bit of difference what is or isn’t defined within those policies. Though, look where my own brain has got me so far, so maybe the apparat persuasion had it right all along
Hey thanks again for being so respectful and opening me up to a new way of thinking, its priceless!