Vancouver Couple in Portugal Faces Setback in Attempt to Revive Airbnb Venture

IN BRIEF Couple temporarily residing in Portugal due to family health issues. Attempt to revive Airbnb business license in Vancouver was denied. House designated as not their principal residence by city authorities. 80% of the time in 2024, property occupied by short-term renters. City aims to preserve affordable rental housing in Vancouver. Legal arguments centered on the couple’s contributions to the community. Panel highlighted a shortage of rental housing in the city.

A couple from Vancouver, currently residing in Portugal to care for an ill family member, recently encountered a significant obstacle in their pursuit to reinstate their short-term rental license for their property back in Canada. The city’s business license review panel has ruled against them, citing that their residence has been primarily occupied by short-term renters rather than being their principal home as defined by local bylaws. This decision raises important questions about housing regulations and the impact of temporary absences on the rights of property owners engaged in the Airbnb market.

In a surprising turn of events, a couple from Vancouver who temporarily relocated to Portugal to care for a sick family member discovered that their dreams of reviving their short-term rental business back home have hit a significant roadblock. The city council has declined to reinstate their business licence, despite their pleas for consideration due to personal circumstances. This situation raises questions about the intersection of personal challenges and municipal regulations.

The Couple’s Circumstances

Safana Jetha and Imran Hirani found themselves in Portugal, tending to Jetha’s ailing mother who requires assistance managing her longstanding business. This challenging family event led them to abandon their residence on Prince Edward Street in Vancouver, which they had previously utilized for short-term rentals through platforms like Airbnb.

City’s Position

The city of Vancouver concluded that the couple’s property did not meet the criteria of a principal residence as per bylaws governing short-term rentals. City lawyer Robert LeBlanc stated that “at least 80 percent of the days throughout the calendar year of 2024, the residence was occupied by somebody else.” The city had previously suspended their business licence, concluding that the property was being used primarily for Airbnb guests rather than for their family.

The Panel’s Decision

The couple communicated with the review panel via video link, hoping for an understanding based on their family situation. However, during the proceedings, LeBlanc emphasized that the bylaw’s purpose is to maintain permanent rental housing availability for residents. Under city regulations, homeowners are permitted to rent their properties on home-sharing platforms for less than 90 consecutive days, but they must be residing there as their primary home.

The Family’s Evidence

Jetha provided evidence claiming that she stayed in a locked-off suite of their house whenever available while her family was in Portugal. Yet, city officials noted disparities between the couple’s account and findings from a recent inspection. The inspection revealed the main house and secondary suite were “vacant and empty of belongings,” further supporting the city’s stance.

Community Impact

In the larger context, this case spotlights the housing crisis facing Vancouver, where rental availability is increasingly scarce. Councillor Rebecca Bligh voiced the challenge of balancing compassion with the need to protect the city’s housing stock. The city aims to ensure that properties remain available to residents of Vancouver, rather than being held for short-term profit while owners reside elsewhere.

Emotional Strain on the Couple

The emotional stress on Jetha and Hirani is palpable. They expressed a deep need to return to Vancouver and utilize their home as they navigate through personal adversity. Jetha stated, “I need to be able to go home.” Despite their contributions to the city through taxes and business activities, the panel upheld the decision not to reinstate their licence, leaving the couple caught between regulations and pressing personal obligations.

Broader Context: Foreign Investment and Housing Regulations

This situation is also reflective of broader trends in cities like Vancouver and Lisbon, where the housing crisis is exacerbated by foreign investment and short-term rental practices. The city of Vancouver continues to strengthen regulations on short-term rentals to combat the ongoing shortage of rental housing. Similarly, as noted in the news, Portugal is tightening regulations on Airbnb rentals and has even eliminated Golden Visas, highlighting the urgent need to address housing issues across urban areas.

As these changes unfold, will policies adapt to support individuals facing genuine challenges like those experienced by Jetha and Hirani? Only time will tell, but it’s clear that conversations around housing, community, and personal hardship aren’t going away anytime soon.

Comparison of Short-Term Rental Regulations and Personal Circumstances

Aspect	Details
Current Location	Couple resides in Portugal.
Property Status in Vancouver	Property used for short-term rentals; license suspended.
Primary Residence Definition	City claims property not principal residence; couple argues otherwise.
Personal Circumstances	Supporting sick family member; family of four living apart.
Regulatory Justification	Bylaw intended to preserve permanent housing for residents.
Future Plans	Intend to return to Vancouver post-lease; need for flexibility.
City’s Stance	Emphasizes need for housing availability; decision based on regulations.
Impact on Personal Life	Strained living situation due to ongoing family emergency.
Legal Representation	Couple argues for recognition of their contributions to the city.

The story of a Vancouver couple currently residing in Portugal has captured attention as they face a significant hurdle in their attempt to revive their short-term rental business back in Vancouver. With personal circumstances forcing them away from their home, the couple’s efforts to maintain their property as a viable Airbnb have been met with legal challenges from the city council.

Background and Current Situation

Safana Jetha and Imran Hirani, a couple originally based in Vancouver, relocated to Portugal to support Jetha’s ill mother. Their absence from their four-bedroom house on Prince Edward Street has drawn the scrutiny of the city’s business license review panel, who have determined that the couple’s property was not their principal residence during a key period. This has led to the suspension of their short-term rental business license.

The City’s Perspective

According to city lawyer Robert LeBlanc, evidence has shown that the couple’s residence has been occupied by short-term renters for over 80% of the days in 2024. This substantiates the claim that the couple was not utilizing the property as their primary home. The city has stringent bylaws in place to protect permanent rental housing, emphasizing that homes must be lived in as a principal residence to qualify for short-term rental permits.

The Couple’s Response

In their defense, Jetha and Hirani argued that their situation arose out of necessity rather than choice. They explained that they resorted to short-term rentals as a means of maintaining some access to their home while away. Jetha referred to her need to “go home” and highlighted the temporary nature of their relocation to address a family emergency.

Legal and Emotional Implications

This situation raises poignant questions about fairness in the application of bylaws and the emotional burdens carried by those dealing with personal crises. Their lawyer, Arash Ehteshami, highlighted the couple’s long-term contribution to the local community, suggesting that their commitment as residents should be considered in the decision-making process. Ehteshami criticized the council for placing the couple in an “unfair situation.”

Broader Context and Similar Struggles

The couple’s case is not isolated; it echoes the struggles faced by many individuals and families navigating the complexities of housing laws in popular rental markets. In cities across the globe, there has been a growing tension between maintaining available housing stock and allowing property owners the flexibility to use their real estate as they see fit. This has led to greater scrutiny of platforms like Airbnb.

Conclusion: Navigating Challenges Ahead

As Jetha and Hirani wait to hear the final ruling on their license, they represent a growing cohort of homeowners battling the balance between compassion and regulation in the housing market. Their future, along with that of their property, hangs in the balance, reflecting the importance of understanding both legal and personal dimensions in the ongoing Airbnb debate.

• Location: Vancouver, Canada
• Current Status: Residing temporarily in Portugal
• Couple: Safana Jetha and Imran Hirani
• Business Licence: Short-term rental licence application denied
• Reason: Property deemed not their principal residence
• City’s Claim: 80% of the year occupied by short-term renters
• Family Situation: Assisting ill family member
• Evidence Presented: Temporary stay in locked-off suite
• City’s ByLaw: Protects permanent rental stock
• Panel Decision: Upheld city’s licence suspension

Overview

The Vancouver couple, Safana Jetha and Imran Hirani, currently residing in Portugal due to family health issues, faced a setback when the council’s business license review panel decided not to reinstate their short-term rental business license. The couple’s property, which they claimed as their principal residence, was deemed to be primarily used for short-term rentals rather than personal occupancy, leading to the suspension of their business license. This situation highlights the struggles between regulatory measures and personal family circumstances.

The Impacts of Regulatory Decisions

The decision by the city to suspend the couple’s business license raises questions about the balance between local housing availability and personal circumstances. As the city lawyer pointed out, during 2024, the property was occupied by short-term renters for at least 80 percent of the year. This example illustrates how municipal regulations aim to protect housing availability but can inadvertently affect individuals who contribute to the city’s economy.

Understanding Local Bylaws

It is crucial for homeowners who consider leveraging properties for short-term rentals to thoroughly understand local bylaws. Regulations may vary and are often in place to preserve existing housing stock. For the couple, the city’s definition of principal residence disqualified their house since they were not physically living there due to their temporary relocation. Homeowners should always ensure that their rental practices align with municipal guidelines to avoid potential setbacks.

Compassionate Grounds vs. Legal Framework

The situation puts into perspective the tension between strict regulatory adherence and compassionate considerations. While the couple’s personal circumstances were acknowledged, the panel was unable to make decisions based on these grounds. This highlights the need for city councils to potentially rethink how they engage with residents facing personal emergencies, as a more nuanced approach could yield better outcomes.

The Importance of Supporting Local Residents

Even as the city moves to protect rental housing availability, it should consider the long-term residents who contribute to the community. Ensuring that voices of local contributors, like Jetha and Hirani, are included in policy discussions could lead to more inclusive regulatory frameworks that allow home-sharing options while maintaining housing for residents. The city could explore creating provisions that allow temporary exceptions or accommodations for individuals facing genuine hardship.

Strategic Planning for Property Owners

For property owners like Jetha and Hirani, proactive strategies are necessary when navigating the landscape of short-term rentals. This includes developing strong communication with local authorities to clarify their intentions and explore local policies that could facilitate their rental business in a compliant manner. Engaging in discussions with officials can also provide insights into potential changes in the regulatory environment.

Alternative Solutions for Property Management

Couples in similar situations may also consider alternatives to short-term rentals. Options like long-term leasing or seeking tenants who may be flexible about renting on a temporary basis could alleviate some financial burdens while the property owners are overseas. Additionally, creating a backup plan before traveling can ensure that homeowners are not left without income during periods of absence.

Advice for Future Endeavors

The journey of Jetha and Hirani serves as a lesson for others considering moving abroad while managing rental properties. It underscores the importance of understanding and adhering to local laws while preparing for unforeseen life events. Future property rental endeavors should involve comprehensive planning and consideration of how to manage challenges in both personal and business facets to maintain a stable footing in the real estate market.

FAQs about Vancouver Couple’s Airbnb Venture in Portugal

Q: What is the situation of the Vancouver couple residing in Portugal?
A: The couple, Safana Jetha and Imran Hirani, are currently living in Portugal to assist Jetha’s ill mother. They recently learned that the city council’s business licence review panel has decided not to reinstate their short-term rental business licence for their Vancouver home.
Q: Why was their short-term rental business licence suspended?
A: The city concluded that the couple’s property was not their principal residence as defined in local short-term rental bylaws. It was determined that they had occupied the home for less than 20 percent of the days in 2024, making it primarily used for short-term rentals instead.
Q: How did the city lawyer justify the decision?
A: City lawyer Robert LeBlanc stated that the residence was occupied by short-term renters for at least 80 percent of the days in 2024, which contradicted the requirement that the property be a homeowner’s principal residence.
Q: What evidence did the couple provide to support their claim?
A: The couple’s lawyer submitted evidence that Jetha had stayed at their property during specific months, while also pointing out their long-standing ties to the community, evident through their local business ownership and tax contributions.
Q: How did the city’s inspection department respond to the couple’s claims?
A: The city’s chief licence inspector, Sarah Hicks, noted that the inspection report indicated the main house and secondary suite were vacant and lacked personal belongings during their absence.
Q: What challenges did the couple face with their living arrangements?
A: They argued that renting their home to long-term tenants while they were away wouldn’t work due to their need to return home for family emergencies. They emphasized the necessity of being able to access their home when needed.
Q: Is there any indication of the couple’s future plans regarding their Vancouver residence?
A: The family plans to break their three-year lease in Portugal and return to Vancouver in the fall, highlighting that their current living situation is temporary. They are looking for ways to resume their short-term rental operations while addressing family obligations.
Q: What does city council member Rebecca Bligh say about the housing situation?
A: Council member Bligh mentioned that Vancouver is experiencing a significant shortage of rental housing. She noted that the bylaws aim to protect available housing for residents, and unfortunately, are not designed to consider individual compassionate circumstances in license hearings.