Lewis Street homeowner appealing decision to yank short-term rental permit

LACONIA — A Lewis Street resident is appealing a city decision to ban their property as a short-term rental after city staff received several complaints against them.

The matter is due for discussion before the city’s Zoning Board of Adjustment at 6:30 p.m. on Monday, Oct. 20, at City Hall downtown. 

City staff apparently received complaints regarding fireworks and general rowdiness over the Independence Day holiday at a Lewis Street residence owned by Oludotun Olubode.

Property records indicate Olubode is a resident of Haverhill, Massachusetts, though in a letter to the city he maintains he's satisfied the city’s required 150 days of occupancy to qualify as a primary residence. 

Short-term lodging is considered a sanctioned accessory use in an owner-occupied residence if the owner does reside there at least 150 days of the year. 

The complaints, filed by three neighbors on July 8, all allege the same misbehavior: an owner of the property and their guests lit fireworks all throughout the afternoon and evening of July 4, causing excessive noise and resulting in fireworks spreading debris about the properties of others on Lewis. 

City police were apparently alerted on July 4, and a complaint states they weren’t able to take any action, but suggested the complainants request their yards be cleared of debris. The police were called again the next evening, responding to a similar grievance, according to a complaint filed with the city.

A records request, submitted online by Brittney Olubode to the Laconia Police Department, did not return any results for reports or recent calls for service at the Lewis Street residence, according to a copy of an emailed response from police to Olubude on Sept. 2, included in materials prepared in advance of Monday night’s meeting.

In an Aug. 18 letter, signed by Zoning Technician Scott Pelchat and addressed to Oludotun and Brittney Olubode, their short-term lodging permit was revoked following the issuance of four violations of the city’s zoning ordinance.

“The City of Laconia has received a complaint regarding the use of the property at 11 Lewis St. regarding the use of short-term lodging, in this zone it must be owner occupied and/or receive a special exception, currently you have no special exception also your VRBO online listing states you reside in Methuen, Massachusetts,” the letter reads, in part.

An Airbnb listing, also included in the packet for Monday’s meeting, indicates a maximum number of six guests may rent and stay in the residence. They’re approved for six guests. But another listing indicates 10 individuals may rent the property in one statement, but that the number of guests is limited to six in another. That listing is also included in documents attached to the meeting agenda.

Olubode filed for an administrative appeal on Aug. 8, after apparently paying a $255 fine. He writes he's a traveling nurse, believes he's satisfied the requirements for primary residence, and revoking the permit was an error. 

“I am writing to request a formal review and reconsideration of a recent Airbnb violation notice,” a narrative attached to the appeal reads, in part. “I would like to provide context, address the factual inaccuracies, and outline the steps I propose to prevent any recurrence. I do not think appealing this decision is the best solution. In my view, I think the letter of violation should be totally withdrawn.”

His wife manages their short-term rental listing on their behalf, Olubode writes, acting as the host on the online rental system. According to her account, she resides in Massachusetts, but Olubode argues he is the property owner on record and he does indeed reside permanently in Laconia, and she made her account nearly a decade ago while living in Methuen. The couple have never resided together in Metheun, according to his statement.

“I would also like to express concern regarding the potential for bias in this matter,” Olubode’s narrative reads. “I believe there may be a perceived or inadvertent racial undertone in the way this situation has been escalated, particularly given the neighborhood dynamics and my status as a Black man in a predominately white area.”

In regards to the complaints lodged over the summer holiday, Olubode wrote that the people present on his property were not renting tenants, but actually his own family members who came there to celebrate the occasion. 

When police responded to the residence, they were advised fireworks were in fact legal on July 4, and no crime was committed. Consequently, they were not issued a citation. 

“I am committed to complying with all applicable local regulations and to promptly addressing any legitimate concerns,” Olubode wrote.