HomeMy WebLinkAboutItem 8 - Additional Materials QuinnAvantStay
P.O.Box 35539
Los Angeles,CA 90035
United States
Attn:Administrative Appeals Board
Dear Board,
In addition to the appeal already submitted on November 29,2023,we would like to provide some
supplementary information prior to our hearing scheduled for January 24,2024 as below:
●Appendix A.Executed letter of clarification from Wheelhouse revenue management,detailing
the systems error that occurred;
●Appendix B.Email communication from Randal Baidas to AvantStay as property manager
confirming that the property should not be listed as a short-term rental and should be updated
immediately;and
●Appendix C.Neighbor reference for Randal Baidas and William Reeves and their management
of the property at 1306 Barrymore Place;
While we believe the appeal submitted on November 29,2023,adequately proves that neither the
property manager nor the property owner intended to advertise nor operate the property at 1306
Barrymore Place as a vacation rental,as the listing of the property and availability to book for a stay of
less than 29 days was a temporary system error that was swi ly rectified upon identification,we have
included additional details in this cover sheet which add that the citation and penalty were incorrectly
assigned to the alleged violation,and represent an overreaching interpretation of the Palm Springs
Municipal Code.
Administrative Citation AB0622 identifies a violation under §5.25.040(a)of the Palm Springs Municipal
Code;“The operation of a Vacation Rental or a Homeshare Interest without a Vacation Rental
Registration Certificate is prohibited,”to be addressed with the corresponding penalty outlined in
§5.25.090(c)of the Palm Springs Municipal Code;“Any person who operates a Vacation Rental without
Vacation Rental Registration Certificate,shall be liable..”both accusing the Property Owner of
ʻoperatingʼa vacation rental without a Vacation Rental Registration Certificate.
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The Code itself does not however include a definition of ʻoperatingʼ,and distinguishes between
violations and penalties relating to operating a vacation rental (5.25.040(a))and those relating to
advertising a vacation rental (5.25.040(c))in separation sections.Thus,one can reasonably assume
that the intended application of the term operating used in the Code does not apply to the alleged
violation of advertising and inquiry affirmation included in Citation AB0622.Further,5.25.07(b)within
the code notes “..no person or entity shall maintain any advertisement of a vacation rentalʼand does
not include a definition of ʻmaintainʼ.Thus,one can reasonably assume that any violation relating to
advertising a vacation rental would pertain to advertising on an ongoing basis,rather than a one-off
error.Whilst City staff were temporarily permitted to reserve the property due to a system error (see:
Appendix A for confirmation of the unintentional nature of this error),this reservation was canceled
and no stay or operations of less than 29 days occurred.As soon as the issue was identified by the
owner,he requested that AvantStay update the listing (see:Appendix B).
As demonstrated by the letter of support from the Property Ownerʼs neighbor of twenty-two years
(see:Appendix C),it was never the intention of the Property Owner or Property Manager to operate a
vacation rental.Mr Randall Baidas and Wiliam Reeves are local members of the Palm Springs
community and have always abided by relevant local laws.The advertisement was listed as a result of
a technical error,with no bookings,stays,or reservations taking place,and no damage occurring.To
enforce the penalty tied to the incorrect violation,and one that would impose such an extreme
financial hardship as permanent ineligibility to obtain a vacation rental permit,would be unlawful and
an extreme overreach of the City and so we must ask that our appeal of Citation AB0622 be upheld.
Many thanks,
Fiona Quinn
SVP Business Affairs
AvantStay
fquinn@avantstay.com
+1 (313)398 6431
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11/28/2023
1306 Barrymore Place 92262
City of Palm Springs
Subject: ExplanaCon Regarding Temporary LisCng Issue with AvantStay
Dear City of Palm Springs,
We hope this lePer finds you well. We are wriCng on behalf of AvantStay to provide clarificaCon
regarding a recent maPer concerning temporary lisCng discrepancies within your jurisdicCon.
As a revenue management soSware provider, we had the privilege of assisCng AvantStay in
transiConing their property lisCngs to our plaTorm. During this transiCon period, an unforeseen
technical issue occurred that resulted in certain properCes being briefly listed for short-term
rentals (less than 30 days) despite being designated exclusively for long-term rentals (minimum
of 30 days) due to lacking Short-Term Rental (STR) permits.
Upon immediate idenCficaCon of this issue, our technical team worked collaboraCvely with
AvantStay to swiSly recCfy the situaCon. Measures were promptly implemented to correct the
lisCngs and ensure adherence to local regulaCons regarding rental duraCons and permits. We
can confirm that all affected properCes were promptly updated to align with the required long-
term rental parameters.
We understand the importance of compliance with local regulaCons and emphasize that this
discrepancy was an unintended consequence of a temporary technical issue during the
transiCon to our system. AvantStay took proacCve steps to recCfy the maPer as soon as it was
brought to their aPenCon, demonstraCng their commitment to compliance and cooperaCon
with regulatory requirements.
We appreciate your understanding and consideraCon in reviewing this maPer. Should you
require any addiConal informaCon or clarificaCon from our end to assist in your assessment,
please do not hesitate to reach out to us directly.
Thank you for your aPenCon to this issue, and we remain commiPed to supporCng AvantStay in
its endeavors to maintain compliance and operaConal integrity within your jurisdicCon.
Sincerely,
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Michael Horan
Head of Account Management
mike@usewheelhouse.com
Lyric Hospitality Inc (dba Wheelhouse)
PO Box 26859
San Francisco CA 94126
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