Arlington Heights Airbnb ban faces opposition as enforcement begins

ARLINGTON HEIGHTS, Ill. - The new short-term rental ban in Arlington Heights is already facing local opposition and legal challenges.

The Village Board unanimously approved the ordinance in March, but it only took effect on Wednesday, July 1.

Now, one local Airbnb owner is raising questions about enforcement, penalties, and how the new rules are being communicated.

The backstory:

Starting July 1, the Village of Arlington Heights closed the door on Airbnb stays shorter than 30 days, but one property owner is calling on local officials to put the ordinance back on the table.

"There's been no communication sent out to property managers across town," said Devin Gray, an Arlington Heights resident who owns one short-term rental property. 

Earlier this year, village leaders approved the ordinance after some residents complained about noise, parties, and frequent turnover at certain properties. 

Gray argues that problem properties do not represent most short-term rentals and feels a hotel tax and registration program would be more effective than an outright ban.

"Nobody in town wants to turn Arlington Heights into a party town or a spring break destination or have the house across the street from them turn into a hotel, but we also believe that we should have the right to manage our properties as we choose, and have the independence and freedom to do so," Gray said. 

Despite the ban taking effect on Wednesday, a search of Airbnb's website on Thursday shows several listings in Arlington Heights are still available to book. 

"Certainly, if these properties are a genuine public nuisance, as the board has described them, then it would be reasonable that they have an understanding of where those properties are, and would be willing and able to communicate to those homes that these properties are now in violation of the ordinance," Gray added. 

Gray says property owners, including himself, remain unclear about the potential penalties if they continue to operate. 

"I'm feeling very frustrated with my local government. For me and other property managers here in town, it's meant a lot of uncertainty," he said. "This ordinance is listed under the same ordinances that a noise violation is listed under, so seemingly the consequences would be the same as if you were to call the police and let them know that your neighbor was playing music in their backyard past 10 p.m. It's very unclear what type of costs, fees, penalties or fines will be faced by property managers, and so it's not realistic to expect that they're going to adhere to these ordinances."

Since the ordinance passed in March, two property owners have filed separate federal lawsuits challenging the ban in the U.S. District Court for the Northern District of Illinois. The lawsuits allege that the ban violates their constitutional rights.

An Airbnb spokesperson confirmed to FOX Chicago that the company is aware of those lawsuits.

What they're saying:

Mayor Jim Tinaglia previously said the ban would be reconsidered if the Chicago Bears moved to Arlington Heights. In early June, the organization announced its commitment to build a multibillion-dollar stadium development project in Northwest Indiana. 

On Thursday, a village spokesperson told FOX Chicago they didn't have a formal comment for this story, instead pointing us to information on the village's website about the ordinance.

What's next:

Arlington Heights Village Manager Randall Recklaus confirmed in an email to Gray, which was also shared with FOX Chicago, that enforcement is starting this week.

The next meeting of the Village Board of Trustees is scheduled for Monday, July 6. As of Thursday, the short-term rental ban is not on the agenda for reconsideration.

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