Zoning board denies appeal of Airbnb owners who exceeded occupancy limit

LACONIA — The city’s Zoning Board of Adjustment upheld the planning department’s decision to revoke a short-term rental permit from a homeowner on Lewis Street on Monday night.

Residents who have their short-term rental permit revoked are entitled to an appeal before the zoning board. Oludotun and Brittney Olubode — who own a home on Lewis Street as well as a residence in Haverhill, Massachusetts, according to property records — had their permit revoked on Aug. 18, and appealed the decision at the zoning board's meeting on Monday.

Short-term lodging is allowed in owner-occupied residences only if the owner resides there at least 150 days a year. 

“As described fully below, the director’s decision was reasonable, supported by evidence, and legally correct, and thus should be upheld,” Planning Director Rob Mora said during the meeting.

Mora told ZBA members that on Sept. 16, 2024, the owner applied for a special exception to use the property as short-term lodging, and the application was denied. On Oct. 3, 2024, the owner applied for a short-term lodging permit, providing documentation required to prove residence, and a permit was issued on Oct. 25, 2024.

Shortly thereafter, Mora's department issued a first violation letter, on Nov. 7, 2024, in response to a complaint regarding the advertised occupancy at the residence. The Olubodes was approved for a maximum occupancy of six people, while an advertisement claimed an occupancy limit of 10 people. They didn’t appeal the decision within 30 days, and therefore the violation stands. 

On July 8, 2025, Mora received several complaints of excessive noise and fireworks debris after Independence Day festivities held at the property. Those complaints informed Mora that neighbors contacted the police department.

“I do not have the authority to issue a violation for the noise or property maintenance in accordance with city code, thus I could not send a violation letter for that complaint,” Mora said. “However, the complaints were added to the file to demonstrate the impact of the use of the property regarding the surrounding abutters.” 

Later in July, Mora's department sent a second violation letter regarding advertised occupancy at the property, noting it was also advertised that the primary residence of the property owner was in Massachusetts, and offered 10 spots for short-term renters. The Olubodes did not appeal that violation letter within 30 days.

At the end of the month, on July 31, Mora issued a third violation letter regarding the occupancy. The couple's advertised maximum occupancy remained unchanged at 10, despite being permitted a maximum of six occupants. On Aug. 18, Mora issued a fourth violation letter and revoked the permit. 

The Olubodes submitted an appeal of the decision on Sept. 9, however, since they had not appealed any of the violations, the board was limited on Monday night to Mora’s decision to revoke the short-term rental permit. 

“Since I issued the revocation following three separate violations, in accordance with the ordinance, I respectfully request that you uphold my decision to revoke the permit,” Mora said. 

The portion of the zoning ordinance dealing with short-term rentals, section 235-41 subsection M, states approvals may be revoked for failure to comply with imposed conditions. The first violation results in a written warning, the second in a $275 fine, and the third in revoking the permit. Because their permit was revoked, they can’t apply for reinstatement for a year.

“I gave [the Olubodes] more than three opportunities, they did not appeal any of those,” Mora said. “As far as residency is concerned, [Oludotun Olubode] still had three violation letters for occupancy limits.”

Brittney Olubode said she didn’t know they could appeal each violation. She also said only families with children rent their house, and members of the public disagreed. 

“That is the only violation that I can agree with,” she said in reference to the violation regarding advertised occupancy. “We did have it in VRBO, we switched to a property management company and they listed it for 10, so [Zoning Technician] Scott [Pelchat] emailed me, we switched it for six.”

Both Olubodes said they maintain Massachusetts drivers licenses.

Hugh Smith of Edgewater Avenue said during a public hearing that their neighborhood is a quiet one, mostly inhabited by older residents, and the city was correct in revoking the short-term rental permit.

“For the City of Laconia to even think that they made a mistake is absurd,” he said. “You guys are 110% right, you’ve done everything you’re supposed to do, and it’s all documented fact.”

“Somebody from Massachusetts or wherever came up, bought a home, inexpensively grabbed it, decided they’re going to turn it into an [Airbnb],” Smith said. “This is not an Airbnb neighborhood — it wasn’t before they came, it isn’t going to be afterwards.”

Carol Varney, also of Edgewater, said she’s one of nine abutters to the Lewis property, and she complained about fireworks shot off there over the Independence Day holiday. 

“In reading the owner’s letter to the city, I think the owner is confusing ownership with occupancy and residency. Yes, he’s the owner of record, we all agree to that. And he may feel that he can call it his primary residence, because he’s registered a car here,” Varney said. “I’m sorry, but we all know, as New Hampshire people, a lot of people own property in New Hampshire, but are from Massachusetts. They’ll register their car in New Hampshire, it’s tax advantages.”