The Court of Common Pleas affirmed the Zoning Hearing Board’s decision – resulting in an appeal to the Commonwealth Court. After the Hamilton Township Zoning Hearing Board denied the owner’s appeal of an enforcement notice, the case proceeded to the Monroe Court of Common Pleas. Hamilton Township took the position that such use and occupancy constituted “hotel and/or other types of transient lodging, Rental of Single Family Residential Dwelling for transient tenancies”, a use which is not permitted in the applicable zoning district. The owner acknowledged being in the tourism business and that the house was occupied solely for short term, vacation-type rentals. The premises subject of this case are located in a single-family residential district in the Poconos. Slice of Life not only addresses the issue of short term rentals in residential zoning districts, it more liberally construes the manner in which zoning ordinances must be interpreted. Interpreting a zoning ordinance which defines “family” as a “single housekeeping unit”, the Court upheld the decision of the Hamilton Township Zoning Hearing Board, which disallowed transient, rentals in its single-family home zoning district.
Hamilton Township Zoning Hearing Board, the Supreme Court of Pennsylvania held that purely transient, AirBnB type, rentals are not permitted in a residential zoning district. On April 26, 2019, in a case known as Slice of Life v. By Stefan Richter PENNSYLVANIA SUPREME COURT UPHOLDS DECISION DENIAL OF AIRBNB RENTALS IN RESIDENTIAL ZONING DISTRICT
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