fairfax board of zoning appeals county september 30, … · property was listed on the vrbo.com...

FAIRFAX

COUNTY

BOARD OF ZONING APPEALS

PUBLIC HEARING DATE: September 30, 2020

TIME: 9:00 A.M.

VIRGINIA

September 22, 2020

STAFF REPORT

APPEAL APPLICATION A 2020-MV-012

MOUNT VERNON DISTRICT

APPELLANTS:

LOCATION:

TAX MAP REF:

ZONING DISTRICTS:

SITE AREA:

NATURE OF APPEAL:

Nickolas A. Ploutis & Gissel Ploutis

6105 North Kings Highway

Alexandria, VA 22303-2416

83-3 ((9)) (3) 18

R-4

6,836 square feet

Appeal of a determination that the appellants are

allowing the use of a dwelling unit for transient

occupancy (short-term lodging), without a short-term

lodging permit, in the R-4 District in violation of Zoning

Ordinance provisions.

JJS

For information, contact the Zoning Administration Division, Department of Planning and

Development, 12055 Government Center Parkway, Suite 807, Fairfax, Virginia 22035-5505,

703-324-1314.

American with Disabilities Act (ADA): For special accommodations, call 703-324-1334 (TTY 711 Virginia Relay Center) 48 hours

in advance of the meeting to make the necessary arrangements.

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A 2020-MV-012

APPEAL APPLICATION

A 2020-MV-012 NICKOLAS A. PLOUTIS and GISSEL PLOUTIS, A 2020-MV-012 Appl. under Sect. 18-301 of the Zoning Ordinance. Appeal of a determination that the appellant is allowing the use of a dwelling unit for transient occupancy (short-term lodging), without a short-term lodging permit, in the R-4 District in violation of Zoning Ordinance provisions. Located at 6105 North Kings Highway, Alexandria, VA 22303, zoned R-4, Mount Vernon District, Tax Map 83-3 ((9)) (3) 18.

A 2020-MV-012

DESCRIPTION OF APPEAL

Appellant: Nickolas A. Ploutis & Gissel Ploutis

Issue:

Property Description:

This is an appeal of a determination that the appellants are allowing the use of a dwelling unit for transient occupancy (short-term lodging), without a short-term lodging permit, in the R-4 District in violation of Zoning Ordinance provisions.

The Property is located at 6105 North Kings Highway, in the Fair Haven Subdivision, approximately 170 feet south of the intersection of North Kings Highway and Fairhaven Avenue and approximately 90 feet northeast from the Mount Eagle Elementary School in the Mount Vernon District in southeast Fairfax County (Property). The Property is developed with a 1.5-story single family detached dwelling unit. The Property, abutting properties, and adjacent properties to the north, south, and, east are zoned R-4 and are also developed with single family detached dwellings. Adjacent properties to the west are zoned R-8 (Residential District, Eight Dwelling Units/Acre) and developed with duplexes.

Appellant's Position: The appellants' appeal application packet, including their basis for appeal, is enclosed as Attachment I.

ZONING ORDINANCE PROVISIONS

The provisions of the Zoning Ordinance that are germane to this appeal are listed below. The complete text of these provisions is enclosed as Attachment 2.

• Paragraph 5 of Section 2-302, Permitted Uses

• Section 3-402, Permitted Uses, R-4 Residential District

Section 10-105, Short-Term Lodging

The definitions of DWELLING; DWELLLING UNIT; DWELLING, SINGLE FAMILY; DWELLING, SINGLE FAMILY DETACHED; SHORT-TERM LODGING; and TRANSIENT OCCUPANCY as set forth in Sect. 20-300, Definitions

A 2020-MV-012

BACKGROUND

All terms enclosed in single quotation marks hereafter refer to terms defined in Sect. 20-300 (Definitions) of the Zoning Ordinance and can be found in Attachment 2.

The appellants own the Property by virtue of a deed recorded in the Fairfax County land records in Deed Book 23825, Page 035, on October 7,2014. See Attachment 3. This is not the appellants' primary residence as confirmed by testimony before the Planning Commission on November 1, 2017, Department of Tax Administration records and the rental history on the Property.

On November 1, 2019, the Department of Code Compliance (DCC) received a complaint that the Property was listed on the VRBO.com (Vacation Rental By Owner) and Homeaway.com websites and that the Property may be in violation of the use limitations on 'short-term lodging' in Sect. 10-105 and Sect. 20-300 of the Zoning Ordinance. Both VRBO and Homeaway.com are online marketplace platforms that facilitate the booking of private residences for short-term rentals. Based on this complaint, DCC opened a case and began to investigate the Property. Information gathered from hostcompliance.com, an online monitoring service for short-term lodging listings, revealed that the Property was listed on various online short-term rental platforms and rented on numerous occasions' between November 1, 2019, the date the investigation began, and February 18, 2020, the date the Notice of Violation (NOV) was issued.

On November 26, 2019, December 31, 2019, and January 22, 2020, an investigator from DCC visited the Property and observed the front yard and front exterior of the dwelling on the Property. On November 26, 2019, the investigator observed three vehicles with North Carolina tags in the driveway and on December 31 the investigator observed three vehicles with New Jersey tags.

On February 18, 2020, the Zoning Administrator issued an NOV to the appellants for allowing 'transient occupancy' of the 'dwelling' without a short-term lodging (STL) permit. This NOV was rescinded and reissued on February 25, 2020, due to errors with the case number and service request number. Due to an error in the tax map number, the NOV dated February 25, 2020, was also rescinded and was reissued on April 25, 2020. This NOV is included within the application packet that is enclosed as Attachment 1. An appeal of the NOV for conducting STL on the Property without an STL permit was filed on May 8, 2020. The appeal application was accepted on June 3, 2020, and the public hearing is scheduled for September 30, 2020.

SUMMARY OF THE APELLANTS' POSITION

The appellants are appealing the Zoning Administrator's determination that they are allowing the Property to be used for 'transient occupancy' without an STL permit. Their "Statement in Support of Appeal," (Statement) (enclosed as part of Attachment 1), presents five different arguments.

I Hostcompliance.com documents actual rentals of the Property by linking a reservation with a published review of the Property. Reviews can only be posted by individuals who actually rented the Property.

A 2020-MV-012

1. They allege the NOV is premised on inspections of the Property that, according to the

appellants, never occurred.

2. They contend that the statement in the NOV that the Property is being advertised for short

term rental is not evidence of how the Property is actually being used on any given date.

3. They contend that the statement in the NOV that vehicles were found parked in the

driveway, some of which were from out of state, is not evidence of how the Property is

actually used on any given date either.

4. They argue that because the NOV does not provide any evidence that the Property is being

rented for any specific length of time, there is no evidence that the Property is being used

for 'transient occupancy'.

5. They assert that the Zoning Administrator's position is wrong for all the reasons litigated

and tried in Cooper et al. v. Board of Supervisors. In addition, the appellants ask the BZA

to stay a decision on this appeal until the Cooper case is fully and finally resolved by the

court system.

ZONING ADMINISTRATOR'S POSITION

Par. 5 of Sect. 2-302 (Permitted Uses) of the Zoning Ordinance states that "no use shall be allowed

in any district which is not permitted by the regulations for the district." While a 'single family

detached dwelling' is a permitted use in the R-4 district, the use of a 'dwelling' for more or less

transient occupancy is not allowed without an STL permit as required by Sect. 10-105 of the

Zoning Ordinance. Based on information gathered as part of the investigation, including snapshots

of the Property's ad pages on various marketplace platforms, photos taken of the Property by DCC,

photos from Google Streetview, and information from internal databases and geographical

information systems, the Zoning Administrator determined that the appellants have used or

allowed the Property to be used for 'transient occupancy' without obtaining an STL permit, in

violation of Par. 5 of Sect. 2-302 of the Zoning Ordinance.

Inspection and Investigation of the Property

Contrary to the appellants' first contention, that inspections of the Property did not occur between

November 26, 2019, and January 22, 2020, Code Compliance Investigator David Domin went to

the Property in person and observed the front yard and front exterior of the dwelling located on

the Property on November 26, 2019, December 31, 2019, and January 22, 2020.

Moreover, in response to the second and third allegations, a full investigation of the Property,

through in-person inspections and research on hostcompliance.com, Google Streetview, and

County records and databases, reveals that the Property is, in fact, being used for short-term

lodging. The records enclosed as Attachments 5 through 10 clearly show that the Property is not

just being advertised but is actually being rented for short-term stays. For example, see

Attachments 9 and 10, both of which document five stays on the Property in November 2019 and

seven stays in December 2019.

•

GOOGLE STREETVIEW MAY, 2018

2019/11i

COMPARISON OF LISTING PHOTO, DCC PHOTO, AND GOOGLE STREETVIEW IMAGE

A 2020-MV-012

The appellants' fourth contention, that the NOV should be reversed because it does not provide

any evidence that the Property is being rented for any specific length of time, has no basis in law.

The Virginia Code does not require that an NOV detail all evidence that supports the

determinations contained in the notice. Rather, it need only put the violator on notice of the Zoning

Administrator's determination and advise the violator of his or her appeal rights, the associated

fees for an appeal, and where to get additional information regarding an appeal. See

Virginia Code § 15.2 2311(A).

Further, appellants have not refuted staff's argument that the rentals are for periods shorter than

30 days. In fact, the investigation revealed ample evidence to establish that the Property is being

used for 'transient occupancy'.

Specifically, the facts listed below support the Zoning Administrator's determination that the

Property is being rented for short-term stays less than 30 days on VRBO.com, Homeaway.c0m2,

and AirBnB.com (collectively the websites). See Attachments 5 through 8 for screenshots of the

websites from November 2019 and February 2020. In addition, one may reference Attachments 9

and 10 for snapshots from hostcompliance.com for each of the websites.

• According to hostcompliance.com, ads were posted on the websites that contained a picture

of the front exterior of the dwelling on the Property. The images from Google Streetview

and a DCC photograph of the Property (below) confirm that the picture on the websites is

that of the Property.

2It is noted that the Property's ads on VRBO.com and Homeaway.com are linked, which

means that if a person posts an ad on one site, it will automatically be posted on the other site.

3

17 t•

SNAPSHOT FROM THE PROPERTY'S AD PAGE ON HOMEAWAY.COM SHOWING RATES & AVAII.ABLITY FOR THE PROPERTY - 11/01/2019

Rates & Availability

November 2019 December 2019

S

SNAPSHOT FROM THE PROPERTY'S AD PAGE ON AIRBNB.COM DESCRIBING THE HOST OF THE PROPERTY —02/10/2020

Hosted by Nick Springfield, VA • Joined in August 2016

* 298 Reviews C Verified 2

225 3 4, $ 4 5

‘11, ▪ 1 10 IS

5 12 23 t4 Nick Is a Superhost • Superhosts are experienced, highly rated hosts who are w 22 215

11 committed to providing great stays for guests.

12 13 14 15 16 1S 16 17 10 111 20 21 SK. iS0 o 05 211 05 DI 221 2. 00

111 111 20 21 n 23 22 23 24 IN NI NI TO

:P.S. 29 *0

J3nu3r/2020 February 2020

$ V I Vi T I S 51.1 T WI I

225o 23. 89

S 6 7 11 11 10 21 2 3 4 S 6 7 0 225 22.5 20 221 221 150 210 221 221 121 225 225 .17

12 13 14 1S 16 17 111 10 11 12 p 14 05 211 IN 211 N1 20 121 22, VS 0

11 10 21 22 23 24 13 16 17 111 19 20 21 22 211 01 IN 11. 20 01 211 215 05 221 2. NI

26 27 213 211 30 31 23 24 25 26 27 211 21 , 22, 225 221 221 215 2:5 1. 20

Nick is in the painting and contracting business. Gissel stays home with their 4 children. Nick likes to eat and Gissel likes to cook. On our spare time we like to go boating, fishing and eating out. Our favorite places to visit are Clearwater Florida, Punta Cana Dominican...Read more

Interaction with guests Feel free to call us if there is anything we can do to make your stay more enjoyable.

languages: Espanol

Response rate: 100%

Response time: within an hour

Contact host

3226 77

SNAPSHOT FROM THE PROPERTY'S AD PAGE ON AIRBNB.COM SHOWING REVIEW FOR ONE-NIGHT STAY — 02/10/2020

Melody December 2019

We stayed at Nick's place one night while in town for a concert. It was very clean with nice furniture, especially the 2 large leather sofas. There were four bedrooms with at least two beds in every bedroom except for one. The house is on a busy road but we were not disturbed by...Read more

A 2020-MV-012

• The websites identify the Property's owners as Nick and Gissel. Additionally, as shown

below, the ad on Airbnb.com describes Nick as owning a painting and contracting business.

At public meetings for the STL Amendment, Mr. Ploutis stated on multiple occasions that

he owns a painting business. State Corporation Commission records identify Nickolaos

Ploutis as a Vice President of Ploutis Painting & Contracting, Inc.

• The Property's availability is shown above in the snapshot of the Property's ad page on

homeaway.com for the months of November 2019 through February 2020. As one can see,

the periods of time where there is no availability are less than 30 days. In addition, there

are multiple instances on the Property's ad pages in which there was more than one review

within the same month. This

indicates that the Property is not

only being advertised for rent, but

actually being used for short-term

lodging for less than 30 days. In

fact, some of the reviews describe

stays of less than 30 days, such as

the ad from "Melody" shown here.

• Lastly, according to hostcompliance.com, there were three documented rentals of the

Property in February 2020, five in January 2020, seven in December 2019, and five in

November of 2019. This further serves as evidence that the Property was used for 'transient

occupancy' between the time the investigation began and the day the NOV was issued.

Collectively, these facts clearly establish that, between the time the investigation began and the

day the NOV was issued, the Property was rented for short-term stays of less than 30 days.

A 2020-MV-012

Challenge to the Zoning Ordinance

The appellants' fifth argument, that the Zoning Administrator is wrong for all the reasons litigated

in Cooper et al. v. Board of Supervisors of Fairfax County, is a red-herring3. The Cooper litigation

challenged the Board of Supervisors' exercise of its authority in adopting the Short-Term Lodging

Zoning Ordinance amendment. The Zoning Administrator is not a party to that case, and her

interpretation of the amended Zoning Ordinance is not the subject of that litigation. What is before

the BZA is whether the Zoning Administrator was correct in her February 18, 2020, determination

that the appellants were violating the Zoning Ordinance as it existed on that date. The BZA is

being asked to decide whether the Zoning Administrator correctly interpreted the Zoning

Ordinance on February 18, not whether her interpretation will remain valid if the Zoning

Ordinance changes in the future. Accordingly, none of the arguments made in Cooper have any

bearing on whether the appellants were in violation of the Zoning Ordinance on February 18,2020,

nor is there any basis for staying this appeal pending further litigation of the Cooper case.

CONCLUSION

As detailed above, information gathered during the investigation of the Property demonstrates that,

between November 1, 2019, and February 18, 2020, the Property was rented for short term stays

of less than 30 days (i.e. 'transient occupancy'). Because the appellants allowed this to occur

without obtaining an S'TL permit, they violated Par. 5 of Sect. 2-302 of the Zoning Ordinance.

Therefore, staff requests that the BZA uphold the determination of the Zoning Administrator as

set forth in the NOV dated April 25, 2020.

ATTACHMENTS:

1. Appellants' Application Packet

2. Applicable Zoning Ordinance Provisions 3. Most Recent Deed Conveying the Property 4. May 13, 2020, decision for Cooper, et al. v. Bd. of Supervisors, Case No. CL-2018-12818

5. Homeaway.com Screenshot from November 1, 2019

6. Homeaway.com Screenshot from February 16, 2020 7. Airbnb.com Screenshot from November 2, 2019

8. Airbnb.com Screenshot from February 10, 2020

9. Hostcompliance.com Snapshot for VRBO.com from September 3, 2020

10.Hostcompliance.com Snapshot for Airbnb.com from September 3, 2020

30n May 13, 2020, Judge Michael F. Devine decided the Cooper case in the Board of Supervisors' favor on all counts. (See Attachment 4.) The Plaintiffs in Cooper have appealed that decision to the Virginia Supreme Court, but the Court has not scheduled a hearing or accepted the appeal.

FAIRFAX COUNTY

Please type or Print in Black Ink

RECEIVED

DIVISIONOIr ZONING ADMINISTRATION

ATTACHMENT 1 Print Form

COMMONWEALTH OF VIRGINIA COUNTY OF FAIRFAX

APPLICATION FOR APPEAL

' 74 APPLICATION NO. 1) 1 1/ (Assigned by Staff)

NAME OF APPELLANT: Nickolas A. Ploutis and Gissel Ploutis

NATURE OF THE APPEAL: Appeal of Notice of Violation dated April 25, 2020 regarding a purported violation of Section 2-302(5) of the Fairfax County Zoning Ordinance.

DATE OF ORDER, REQUIREMENT, DECISION, DETERMINATION OR NOTICE OF VIOLATION WHICH IS SUBJECT TO THE APPEALApril 25, 2020, Case #. 201907234, SR#: 167318

HOW IS THE APPELLANT AN AGGRIEVED PERSON?: Appellants are the owners of the property that is the subject of the Notice of Violation and the subject of this appeal.

IF APPEAL RELATES TO A SPECIFIC PROPERTY, PROVIDE THE FOLLOWING INFORMATION:

POSTAL ADDRESS OF PROPERTY:6105 North Kings Highway, Alexandria, Virginia 22303-2416

TAX MAP DESCRIPTION: 0833 09030018

Nickolas A. Ploutis and Gissel Ploutis (Appellants) by Nicholas V. Albu, Esq. (Counsel for Appellants) Tyne or Print Name of Appellant or Agent , /.71

Signature of Appellant or Agent

7900 Tysons One Place, Suite 500, McLean, Virginia 22102

Address

(703) 641-4200 (571) 581-4036 Telephone No: Home Work Cell

Please type or print name, address, and phone number of contact person if different from above:

DO NOT WRITE IN THIS SPACE TI Subdivision Name: 41,1('- Raven Rik 3) 1-0

Total Area (Acres/Square Feet): b453(0 rT

Supervisor District: Present Zoning:

Date application received:-.1; I '18, ilv,Vc:)O Application Fee Paid: $

Date application accepted: (01 .4.3 PC'a0

MCIATt Ver r)C, P

8/2013

County of Fairfax, Virginia To protect and enrich the quality of life for the people, neighborhoods and diverse communities of Fairfax County.

NOTICE OF VIOLATION Fairfax County Zoning Ordinance

DATE OF ISSUANCE:

METHOD OF SERVICE:

LEGAL NOTICE ISSUED TO:

ADDRESS:

April 25, 2020

OFFICE OF THE SHERIFF

Nickolas A. Ploutis

Gissel Ploutis

8016 Parklane Court Springfield, VA 22153

LOCATION OF VIOLATION: 6105 N Kings Highway

Alexandria, VA 22303-2416

TAX MAP REF: 0833 09030018

ZONING DISTRICT: R- 4

CASE #: 201907234 SR #: 167318

ISSUING INVESTIGATOR: David Domin, (703)324-1562

POTENTIAL CIVIL PENALTIES UNDER ZONING ORDINANCE § 18-903(1): Zoning Violation

§02.302.5 First Offense

$ 200.00

Each Subsequent Offense

$ 500.00

TOTAL: $ 200.00 $ 500.00

Dear Responsible Party:

This Notice rescinds and replaces the Notice issued on February 25, 2020. The reason for the rescind

of the February 25,2020 Notice is due to an error in the tax map number. Inspections of the above

referenced property conducted between November 26, 2019 and January 22, 2020 and on-line research

revealed the following violation of the Fairfax County Zoning Ordinance:

§ 2-302(5) Use Not Permitted

The above referenced property is currently being advertised on short term rental sites including but not

limited to VRBO, and frequently is being used for short-term rentals on a monthly basis. During site

Department of Code Compliance 12055 Government Center Parkway, Suite 1016

Fairfax, Virginia 22035-5508 Phone 703-324-1300 Fax 703-653-9459 TTY 711

www.fairfaxcounty.govicode

Nickolas A. Ploutis Gissel Plotttis April 25, 2020 SR 167318 Page 2

visits, different vehicles have been found parked in the driveway, of which some were from out of state.

"Transient occupancy" is defined in Article 20 of the Zoning Ordinance as

Use of a DWELLING or MOBILE HOME, or part thereof, for sleeping or lodging purposes for fewer than 30 consecutive nights.

"Short-term lodging" is defined in Article 20 of the Zoning Ordinance as

The provision of a room or space that is suitable or intended for transient occupancy, in exchange for a charge for the lodging. Such use does not include ACCESSORY DWELLING UNIT, BED AND BREAKFAST, HOTEL/MOTEL, OR TEMPORARY FAMILY HEALTH CARE STRUCTURE.

Short-term lodging is permitted as an accessory use in a dwelling or mobile home only if it complies with the use limitations of Sect. 10-105 of the Zoning Ordinance. Par. 5 of Sect. 10-105 requires a short-term lodging permit issued by the Zoning Administrator. There is no permit on file for this property.

Therefore, by using your dwelling for transient occupancy without a short-term lodging permit, you are in violation of Par. 5 of Sect. 2-302 of the Zoning Ordinance, which states:

No use shall be allowed in any district which is not permitted by the regulations for the district.

You are hereby directed to clear this violation within 30 days of the date of this notice. Compliance can be achieved as follows:

• Ceasing use of the dwelling for transient occupancy, permanently or until obtaining approval of the use, as described below; or

• Applying for and obtaining a permit issued by the Zoning Administrator to allow short-term lodging and using the property within the limits outlined in Sect. 10-105 of the Zoning Ordinance. Additional information and an application form may be obtained at huns://www.fairfaxcounty.gov/planning-zoning/zoning/short-term-property-rentals; or

A follow-up inspection will be made after thirty days. Failure to clear the violation could result in legal action to achieve compliance with the Zoning Ordinance. Civil penalties may be ordered in the amount of $200 for each violation of the Zoning Ordinance cited for the first violation and $500 for

Rcv. 7/1 1 /14

Nickolas A. Ploutis

Gissel Ploutis

April 25, 2020

SR 167318

Page 3

each subsequent violation, in accordance with Zoning Ordinance § 18-903(1). The Zoning

Administrator may also seek to enjoin this violation.

You may have the right to appeal this Notice of Zoning Violation within thirty (30) days of the date of

this letter in accordance with Sec. 15.2-2311 of the Code of Virginia. This decision shall be final and

unappealable if it is not appealed within such thirty (30) days. Should you choose to appeal, the appeal

must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance

with Part 3 of Article 18 of the Fairfax County Zoning Ordinance. Those provisions require the

submission of an application form, a written statement setting forth the decision being appealed, the

date of decision, the grounds for the appeal, how the appellant is an aggrieved party, any other

information that you may wish to submit and a $600 filing fee. Once an appeal application is accepted,

it will be scheduled for public hearing and decision before the BZA. For information regarding an

appeal see https://www.fairfaxcounty.gov/planning-zoning/board-zoning-appeals/appeals-process or

contact:

Zoning Administration Division

12055 Government Center Parkway, Suite 807

Fairfax, Virginia 22035 Office: (703)324-1314

If you have questions, would like to schedule an appointment to meet with an investigator, or schedule

a follow up inspection, please contact me directly at (703)324-1562. For any other questions, contact

our main office at (703) 324-1300.

LEGAL NOTICE ISSUED BY:

Signature David Domin Code Compliance Investigator

(703)324-1562 [email protected]

Rcv. 7/11/14

Nickolas A. Ploutis

Gissel Ploutis

April 25, 2020

SR 167318

Page 4

o PERSONAL SERVICE o Being unable to make personal service a copy was

delivered in the following manner: a Delivered to a person found in charge of usual place

of business or employment during business hours and giving information of its purport

o Delivered to family member (not temporary sojourner or guest) age 16 or older at usual place of abode or party named above after giving information its purport List name, age of recipient, and relation of recipient to party named above.

o Posted on front door or such other door as appears to be the main entrance of usual place of abode, address hated above (Other authorized recipient not found).

o Served on a Secretary of the Commonwealth. o Not found.

SERVING OFFICER for

DATE


delivered in the following manner Delivered to a person found in charge of usual place of business or employment during business hours and giving information of its purport. Delivered to family member (not temporary sojourner or guest) age 16 or older at usual place of abode or party named above after giving information its purport. List name, age of recipient, and relation of recipient to patty named above.

o Posted on front door or such other door as appears to be the main entrance of usual place of abode, address listed above (Other authorized recipient not found).


SERVING OFFICER for

DATE

o PERSONAL SERVICE a Being unable to make personal service a copy was

delivered in the following manner: o Delivered to a person found in charge of usual place

of business or employment during business hours and giving information of its purport.

o Delivered to family member (not temporary sojourner or guest) age 16 or older at usual place of abode or party named above after giving information its purport. List name, age of recipient, and relation of recipient to party named above.

a Posted on Bout door or such other door as appears to be the main entrance of usual place of abode, address listed above (Other authorized recipient not found).

a Served on a Secretary of the Commonwealth. o Not found.

SERVING OFFICER for

DATE


delivered in the following manner o Delivered to a person found in charge of usual place

of business or employment during business hours and giving information of its purport.

o Delivered to family member (not temporary sojourner or guest) age 16 or older at usual place of abode or party named above after giving information its purport. List name, age of recipient, and relation of recipient to party named above.

o Posted on front door or such other door as appears to be the main entrance of usual place of abode, address listed above (Other authorized recipient not found).


SERVING OFFICER for

DATE

Rev. 7/11/14

STATEMENT IN SUPPORT OF APPEAL

1. Determination appealed from: The determination appealed from is the attached Notice

of Violation of the Fairfax County Zoning Ordinance issued to Nickolas A. Ploutis and Gissel

Ploutis, 6105 North Kings Highway, Alexandria, Virginia 22303-2416.

2. Date of Notice of Violation: The Notice of Violation is dated February 25, 2020.

3. Grounds for the appeal: The grounds for this appeal are as follows:

a. The Notice of Violation states that inspections of the property conducted between

November 26, 2019 and January 22, 2020, and on-line research, revealed that the above

referenced property is currently being advertised on short-term rental sites including but

not limited to, VRBO. Contrary to the statement in the Notice of Violation, no such

inspections were conducted. In addition, the statement that the property is being

advertised is not evidence of how the property is actually used on any given date. In the

absence of any evidence, the Board must reverse the Notice of Violation.

b. The Notice of Violation states that vehicles have been found parked in the

driveway, of which some were out of state. This statement is not evidence of how the

property is actually used on any given date either. In the absence of any evidence, the

Board must reverse the Notice of Violation. Furthermore, the Fairfax County Zoning

Ordinance does not prohibit out of state vehicles from being parked in a driveway.

c. The Notice of Violation states that the property is frequently being used for short-

term rentals on a monthly basis and that Mr. and Mrs. Ploutis are "using [their] property

for more or less transient occupancy." The Notice of Violation does not provide any

evidence that the property is being rented for any specific length of time. In the absence

of any evidence, the Board must reverse the Notice of Violation.

US_ACTIVE-153242356-391200-70001

d. The Zoning Administrator's position that Mr. and Mrs. Ploutis are in violation of

the Zoning Ordinance and are required to obtain a short-term lodging permit is also

wrong for all of the reasons litigated and tried in Cooper et al. v. Board of Supervisors,

Case No. CL2018-12818 (Fairfax County Circuit Court). In Cooper, Fairfax County

residents have challenged the County's short-term lodging permit regime as arbitrary,

capricious, per se unreasonable and unconstitutional. Despite the County Attorney's

Office efforts to avoid trial by pursuing numerous demurrers, pleas in bar and a motion

for summary judgment, the Court permitted case to go to trial. The case was tried on

September 23, 2019 and taken under advisement by Judge Devine. As of the date of this

appeal, the case remains under advisement. In the event the Court finds that the County's

short-term lodging permit regime is unlawful, the Notice of Violation underlying this

appeal is likewise unlawful. In light of this reality, the County Attorney's Office has

agreed to stay similar matters (one pending in the Circuit Court and one pending before

the BZA) until Judge Devine issues his ruling in the Cooper case. To the extent the BZA

does not reverse the Notice of Violation for the reasons set forth above, to avoid further

inconsistent results between the BZA and the courts (there has already been at least one

in the Ratcliff v. Board matter tried in Spring 2019), the BZA should stay this matter until

the Cooper et al. matter is fully and finally resolved by the court system.

4. How the Appellants are aggrieved. The Appellants are aggrieved persons because they

are the owners of the subject property. They are aggrieved by the Notice of Violation as it

affects their rights.

- 2 -

Date: May 8, 2020 Respectfully submitted,

Nickolas A. Ploutis and Gissel Ploutis

By Counsel

Grayson P. Hanes, Esq. (VSB No. 06614)

Nicholas V. Albu, Esq. (VSB No. 78229)

Louise Zwicker, Esq. (VSB No. 93869)

Reed Smith LLP

7900 Tysons One Place, Suite 500

McLean, Virginia 22102

Telephone: 703-641-4200

Facsimile: 703-641-4340

[email protected]

[email protected]

[email protected]

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ATTACHMENT 2

FAIRFAX COUNTY ZONING ORDINANCE PROVISIONS

ARTICLE 2 GENERAL REGULATIONS

PART 3 2-300 INTERPRETATION OF DISTRICT REGULATIONS

2-302 Permitted Uses

5. No use shall be allowed in any district which is not permitted by the regulations

for the district.

ARTICLE 3 RESEIDENTIAL DISTRICT REGULATIONS

PART 5 3-500 R-5 RESIDENTIAL DISTRICT, FIVE DWELLING UNITS/ACRE

3-502 Permitted Uses

4. Dwelling, single family attached.

ARTICLE 10 ACCESSORY USES, ACCESSORY SERVICE USES AND HOME OCCUPATIONS

PART 1 10-100 ACCESSORY USES AND STRUCTURES

10-105 Short-Term Lodging

Short-Term Lodging, as defined in Article 20, is permitted in a dwelling or mobile

home only upon the Zoning Administrator's issuance of a permit and is subject to

the following limitations:

I. For the purposes of this section, the following definitions apply:

A. Authorized Agent: an adult designated by a Short-Term Lodging

Operator who consents to be available to address issues or emergencies

that may arise during any Short-Term Lodging stay.

B. Permanent Resident: a person who occupies or intends to occupy a

dwelling or mobile home for at least 185 days out of the calendar year

for the purposes of establishing the dwelling or mobile home as that

person's primary residence. A person may have only one permanent

residence.

C. Short-Term Lodging Operator: an owner or tenant of a property who

offers that property for Short-Term Lodging.

2. A dwelling or mobile home used for Short-Term Lodging must: A. Be open, upon request, for inspection by County personnel during

reasonable hours; and B. Comply with the requirements of the applicable version of the Virginia

Uniform Statewide Building or Virginia Manufactured Home Safety Regulations, as determined by the Building Official; and

C. Have a working multi-purpose fire extinguisher and interconnected smoke detectors and carbon monoxide detectors (when required for a fireplace or gas service); and

D. Have a plan posted inside the door to each sleeping room showing the exit pathway from the sleeping room to the nearest exit from the dwelling or mobile home; and

E. Have one designated parking space available for lodgers, which the Operator has the authority to reserve for Short-Term Lodging purposes.

3. A Short-Term Lodging Operator must: A. Be a permanent resident ofthe property hosting the Short-Term Lodging

Use. Permanent residency must be demonstrated at the time of application for a permit to operate Short-Term Lodging; and

B. Obtain written consent from the owner of the property for the Short-Term Lodging Use; and

C. Assume responsibility for determining whether any regulations, prohibitions, and covenants applicable to the dwelling or mobile home prohibit Short-Term Lodging; and

D. Designate at least one person who consents to serve as an Authorized Agent for the Short-Term Lodging Operator. Contact information (name, address, telephone, and email address) for the Authorized Agent(s) must be provided on the application for a Short-Term Lodging permit, posted in a prominent location within the area made available for Short-Term Lodging, and provided in any written material given to lodgers during their overnight stay.

4. The Short-Term Lodging Use is subject to the following use limitations: A. A dwelling or mobile home may be used for Short-Term Lodging for no

more than 60 nights per calendar year. B. The maximum number of lodgers per night may not exceed 6 adults,

except where the Virginia Uniform Statewide Building Code requires fewer occupants.

C. All lodgers occupying a Short-Term Lodging must be associated with the same rental contract. The maximum number of rental contracts per night is one.

D. Events and activities—including luncheons, banquets, parties, weddings, meetings, fund raising, commercial or advertising activities, and any other gathering of persons other than the authorized lodgers, whether for direct or indirect compensation—are prohibited in association with any Short-Term Lodging.

E. All advertisements for Short-Term Lodging, posted on any platform online or in any other format, must (i) include the Short-Term Lodging permit number and (ii) identify the location of the parking space required by Par. 2E, above, and any other available parking or public transportation options.

F. A Short-Term Lodging Operator must maintain a guest log including the name, address and telephone number of all overnight lodgers. The guest log must be made available upon request to any County employee or agent tasked with enforcing the Zoning Ordinance or other applicable part of the County Code.

G. Short-Term Lodging is prohibited in a detached accessory structure, accessory dwelling unit, temporary family health care structure, affordable dwelling unit or workforce dwelling unit.

H. The Zoning Administrator's issuance of a permit does not abrogate, nullify, or invalidate any other provision of federal, state, or local law; any restrictive covenant; or any property owners' association by-law.

5. Permit Required A. An application for a Short-Term Lodging permit must be submitted to

the Zoning Administrator on a form furnished by the County along with a filing fee of $200.

B. The permit will be valid for two years from the date of issuance. C. A permit for Short-Term Lodging may be revoked by the Zoning

Administrator because of the failure of the Short-Term Lodging Operator to comply with all applicable regulations set forth in this Section or elsewhere in the Zoning Ordinance. The Zoning Administrator will give notice of any such revocation by letter to the Short-Term Lodging Operator and the property owner, where applicable, setting forth the grounds upon which the permit was revoked, the date and time when the revocation is effective, and the appeals procedure. These provisions do not preclude the Zoning Administrator's use of any other remedy prescribed by law with respect to violations of this Ordinance.

ARTICLE 20 ORDINANCE STRUCTURE, INTERPRETATIONS AND DEFINITIONS

PART 3 20-300 DEFINITIONS

DWELLING: A building or portion thereof, but not a MOBILE HOME or a CONTINUING CARE FACILITY, designed or used for residential occupancy. The term 'dwelling' does not mean a motel, rooming house, hospital, or other accommodation used for more or less TRANSIENT OCCUPANCY, except a dwelling may be used for SHORT-TERM LODGING.

DWELLING UNIT: One or more rooms in a residential building or residential portion of a building that are arranged, designed, used, or intended for use as a complete, independent living facility, which includes provisions for living, sleeping, eating, cooking and sanitation, but not including any unit in a CONTINUING CARE FACILITY. Occupancy must be in accordance with the provisions of Sect. 2-502.

DWELLING, SINGLE FAMILY: A residential building containing only one (I) DWELLING UNIT.

DWELLING, SINGLE FAMILY DETACHED: A single family dwelling unit which is entirely surrounded by open space or yards on the same lot.

SHORT-TERM LODGING: The provision of a room or space that is suitable or intended for transient occupancy, in exchange for a charge for the lodging. Such use does not include ACCESSORY DWELLING UNIT, BED AND BREAKFAST, HOTEL/MOTEL, or TEMPORARY FAMILY HEALTH CARE STRUCTURE.

TRANSIENT OCCUPANCY: Use of a DWELLING or MOBILE HOME, or part thereof, for sleeping or lodging purposes for fewer than 30 consecutive nights.

2014027165.009 BK 23825 0358 10/07/2014 13:36:40 ATTACHMENT 3

Fairfax Circuit Court - CPAN Cover Sheet v2.0 Page 1 of 1

Fairfax County Land Records Cover Sheet

Instruments DEED OF GIFT

Grantor(s) PLOUTIS, NICKOLAS A_I_N

Grantee(s) PLOUTIS, NICKOLAS A_I_N , PLOUTIS, GISSEL_I_N

Consideration

Consideration %

100

Tax Exemption

Amount Not Taxed

DEM Number

Map Number ,Tax

083-3- -09-03-0018-

Original Book

Original Page

Title Company CENTRAL TITLE

Titk Case 1 Property Descr.

Certified No }Copies 10 Page Range 1

IiI

[ Print Cover Sheet )

5/

http://www.fairfaxcounty.gov/cpan/COAction.cfm 10/7/20 I 4

BK 23825 0359

Er;e> DEED OF GIFT

\-42 Fol. This Deed, made this"Y i day of CY:kW ,2014, by and between,

" --liat."5t >ea _ rat, 1.) iTICKOLAS PLOUTIS a/k/a Nickolas A. Ploutis, married, party of the first part/GRANTOR, C)

nd ' 1.--ce .-- N CKOLAS A. PLOUTIS and GISSEL PLOUTIS, husband and wife, parties of the second Z5 Cir7-1<---ga

< t--

WITNESSETH, that as a gift and with no consideration passing between the parties, the

said party of the first part/GRANTOR, NICKOLAS PLOUTIS a/k/a NICKOLAS A. PLOUTIS,

does give, grant and convey with GENERAL WARRANTY and ENGLISH COVENANTS OF

TITLE unto the parties of the second part/GRANTEES, NICKOLAS A. PLOUTIS and GISSEL

PLOUTIS, as TENANTS BY THE ENTIRETY with common law right of survivorship, their heirs

and assigns, in fee simple, all that piece or parcel of land situate in Fairfax County, Virginia, and

described as follows:

LOT EIGHTEEN (19), BLOCK THREE (3), FAIR HAVEN, SECTION ONE (1),

AS THE SAME APPEARS DULY DEDICATED, PLAITED AND

RECORDED IN DEED BOOK 0-15 AT PAGE 179, AMONG THE LAND

RECORDS OF FAIRFAX COUNTY, VIRGINIA.

AND BEING the same property conveyed to the Grantor, by Deed, dated

September 11, 2009, and recorded in Deed Book 20723 at page 702, in the

aforementioned Land Records

Property Address: 6105 North Kings Highway, Alexandria, Virginia 22303

Tax Map Number: 083-3-09-03-0018

Exempt per Code of Virginia §58.1-810(3) and 811(D).

This conveyance is made expressly subject to the easements, conditions, restrictions, and

rights of way of record contained in the deeds forming the chain of title to said property.

Prepared by: John C. Decker II

part/GRANTEES:

BK 23825 0360

Witness the following signatures and sa1s the year and day first above written.

(SEAL) NICKOLAS PLOUTIS a/k/a Nickolas A. Ploutis

STATE OF VIRGIN COUNTY OF '

I, tH 4 , a lic in and for the aforesaid county

and state do hereby certify that on this day of ( , 2014, before me, Nickolas

Ploutis, a/k/a Nickolas A. Ploutis, a party who is personally wello day of ay- 3

wn to me as the m% who

executed the foregoing and annexed Deed bearing date on the ,

2014, did personally appear before me in said county and state aforesaid, and acknowledged the

same to be his act and deed.

this GIVEN under my Ilan.,

My Commission

74 Expi es:

Y of 1LP

111 AIL 4. I tary Public

, 2014, A.D.

Elizabeth Ann Saman Commonwealth of Virginia

Notaiy Public Commission No. 7015949

My Commission Expires 2/28/2018

2

10/07/2014 MICMAC /MUM CO VA

-

LEAN

ATTACHMENT 4

BRUCE D. WHITE, CHIEF JUDGE RANDY I BELLOWS ROBERT J. SMITH

BRETT A KASSABIAN MICHAEL F DEVINE

JOHN TA IRAN GRACE BURKE CARROLL

DANIEL E. ORTIZ PENNEY S. AZCARATE STEPHEN C. SHANNON

THOMAS P MANN RICHARD E GARDINEFI

DAVID BERNHARD DAVID A. OBLON DONTAE L. BUGG

JUDGES

NINETEENTH JUDICIAL CIRCUIT OF VIRGINIA Fairfax County Courthouse

4110 Chain Bridge Road Fairfax, Virginia 22030-4009

703.246-2221 • Fax 703-245-5496 'TOD 703-352.4139

COUNTY OF FAIRFAX CITY OF FAIRFAX

May 13, 2020

THOMAS A FORTKORT J HOWE BROWN F. BRUCE BACH

M LANGHORNE KEITH ARTHUR 13 VIEREGG

KATHLEEN H. MACKAY ROBERT W. WOOLDRIDGE. JR

MICHAEL P McWEENY GAYLORD L FINCH, JR

STANLEY P. KLEIN LESLIE M ALDEN

MARCUS D. WILLIAMS JONATHAN C. THACHER CHARLES J. MAXFIELD

DENNIS J. SMITH LORRAINE NORDLUND

DAVID S. SCHELL JAN L BRODIE

RETIRED JUDGES

Grayson P. Hanes, Esq. Nicholas V. Albu, Esq. Reed Smith, LLP 7900 Tysons One Place, Suite 500 McLean, VA 22102 Counsel for the Plaintiffs

Cherie L. Halyard, Esq. Assistant County Attorney 12000 Government Center Parkway, Suite 549 Fairfax, VA 22035 Counsel for the Defendant Board of Supervisors

Re: Andrew Cooper, et al. v. Board of Supervisors of Fairfax County Case Number CL-2018-12818

Dear Counsel:

This matter came before the Court for trial on the Plaintiffs' Second Amended Complaint seeking an order declaring recent amendments to ordinances relating to zoning and imposition of taxes enacted by the Board of Supervisors ("the Board") are invalid and void ab initio After the trial, the Court took the matter under advisement. For the reasons that follow, the Court finds in favor of the Board, and the Second Amended Complaint is dismissed with prejudice.

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Cooper, et al. v. Board of Supervisors CL-2018-12818 May 13, 2020 Page 2 of 14

Factual Background

The facts relevant to this case were not in dispute, and the following will constitute the Court's findings of fact. The Plaintiffs own or possess' homes within Fairfax County and use online marketplace platforms, such as AirBnB, VRBO and others, to lease a portion or all of their home for short periods of time. All but two of the Plaintiffs use their property as their primary residence. Some Plaintiffs rent the entire home and vacate their premises for the rental period; others rent only a portion of the home and remain in the home during rentals. None of the Plaintiffs provide meals or other services to their guests during the rental. The number of nights the Plaintiffs' properties were rented ranges from 80 to 200 nights per year. The Plaintiffs all began renting their homes before March 20, 2018.

On March 20, 2018, the Board adopted a resolution (the "Initiating Resolution" attached as Exhibit A) authorizing "the advertisement of the public hearing during which the Planning Commission and the Board will consider the proposed Zoning Ordinance and County Code amendments as recommended by staff' concerning short-term rentals The Initiating Resolution included several prefatory "whereas" clauses, the first of which identified "the rental or occupancy of a dwelling or portion of a dwelling for transient occupancy for fewer than 30 days" as "a use prohibited in any dwelling . . . ." Other "whereas" clauses recognized that "online hosting platforms, such as Airbnb, . . has caused a proliferation of short-term lodging uses in Fairfax County . . ." which ''are used to supplement income, make their homes more affordable and offer travelers an alternative and less expensive accommodation." The Initiating Resolution also noted that "short-term lodging uses could have impacts on the character of established neighborhoods and the quality of life of residents . ." which the existing Zoning Ordinance did not address. The Initiating Resolution further stated that "public necessity, convenience, general welfare, and good zoning practice require consideration of proposed revisions to [the Tax and Zoning ordinances]" that had been proposed by county staff "to achieve a balance between allowing short-term lodging and maintaining the character of residential neighborhoods[.]"

Prior to the July 31, 2018 adoption of Zoning Amendment 18-473 (-the STL Amendment"), "accommodations used for more or less transient occupancy" were excluded from the definition of a "dwelling."2 Although the term "transient occupancy"

1 Plaintiff Laura Nisewander occupies and controls property owned by her mother who lives elsewhere All of the other plaintiffs own the property at issue or are beneficiaries of trusts that own the property. 2 Before July 31, 2018, a "dwelling" was defined by the Zoning Ordinance as "A building, or portion thereof, but not a mobile home, designed or used for residential occupancy. The term 'dwelling' shall not be construed to mean a motel, rooming house. hospital or other accommodation used for more or less transient occupancy." Fairfax Cty., Va., Zoning Ordinance § 20-300 (2017).

OPINION LETTER


was not defined in the Zoning Ordinance, the Zoning Administrator had applied a longstanding determination that "transient occupancy" meant occupancy for less than 30 days. When the STL Amendment was initiated and adopted, the County took the position that a structure used at any time for transient occupancy no longer qualified as a "dwelling," and thus such use was not permitted in any residential zoning district.

The STL Amendment amended the definition of "dwelling" by limiting the "transient occupancy" exclusion to allow some short-term lodging in residential districts as a permitted accessory use.3 The STL Amendment also added to the Zoning Ordinance definitions of "transient occupancy"4 and "short-term lodging."5 The STL Amendment imposed requirements on short-term lodging providers to pay fees, obtain a permit, keep guest records, allow inspections5 and comply with building codes. The STL Amendment also imposed certain limits such as authorizing only permanent residents to offer short-term lodging, limiting the frequency of short-term lodging to 60 nights per year, limiting the number of guests at any one time, allowing only one short-term lodging contract at a time per dwelling, and barring use of any property as an event venue. On July 31, 2018, the Board also amended the County Code to impose a transient occupancy tax of 2% on the cost of the short-term lodging ("the Tax Amendment"). None of the Plaintiffs have applied for a county permit to engage in short-term rentals as required by the STL Amendment. Some of the Plaintiffs have paid the transient occupancy tax while others have not.

In their Second Amended Complaint, the Plaintiffs challenge the validity of the STL Amendment and the Tax Amendment (collectively, "the Amendments") on several grounds. Count I claims the STL Amendment was not properly initiated in accordance with the Code of Virginia and provisions of the Zoning Ordinance. Count III claims the Amendments violate the Dillon Rule because Virginia law has not expressly or impliedly granted the Board the power to regulate or tax short-term lodging. In Count IV and Count

3 The STL Amendment defines "dwelling" as "A building, or portion thereof, but not a mobile home, designed or used for residential occupancy. The term 'dwelling' does not mean a motel, rooming house, hospital or other accommodation used for more or less transient occupancy, except a dwelling may be used for short-term lodging.' Fairfax Cty., Va , Zoning Amendment 18-473 § 20-300 (2018) (emphasis added), 4 "Transient occupancy" is defined as 'Use of a dwelling or mobile home, or part thereof, for sleeping or lodging purposes for fewer than 30 consecutive nights." Fairfax Cty., Va., Zoning Amendment 18-473 § 20-300 (2018), 5 "Short-term lodging" is defined as "The provision of a room or space that is suitable or intended for transient occupancy, in exchange for a charge for the lodging. Such use does not include accessory dwelling unit, bed and breakfast, hotel/motel, or temporary family health care structure, Fairfax Cty , Va., Zoning Amendment 18-473 § 20-300 (2018). 6 The STL Amendment provides that ''A dwelling or mobile home used for short-term lodging must . [b]e open, upon request, for inspection by County personnel during reasonable hours[.}" Fairfax Cty., Va., Zoning Amendment 18-473 § 10-105(2)(A) (2018).

OPINION LETTER


V, the Plaintiffs claim the STL Amendment violates procedural and substantive due process, respectively, because it is vague, depriving the Plaintiffs of a reasonable opportunity to know what is prohibited. In Count VII, the Plaintiffs claim the inspection requirement of the STL Amendment constitutes an unreasonable and warrantless search in violation of the Fourth Amendment to the United States Constitution and Article I, Section 10 of the Virginia Constitution. Count VIII claims the STL Amendment is unconstitutional, unlawful, unreasonable, arbitrary and capricious. The Court will address each of the Plaintiffs' claims.7

Analysis

Count! - Initiation of the STL Amendment

Plaintiffs claim the STL Amendment "was not initiated through the Board's adoption of a resolution of intention to amend the Zoning Ordinance" as required by state law and the County's Zoning Ordinance. Second Am. Compl. II 89.

Virginia Code § 15.2-2286(A)(7) authorizes local governing bodies to amend their zoning ordinances. This Code section provides that:

Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the governing body may by ordinance amend, supplement, or change the regulations, district boundaries, or classifications of property. Any such amendment may be initiated (i) by resolution of the governing body; (ii) by motion of the local planning commission; or (iii) by petition of the owner, contract purchaser with the owner's written consent, or the owner's agent . . . . Any such resolution or motion by such governing body or commission proposing the rezoning shall state the above public purposes therefor.

Section 18-201 of the Fairfax County Zoning Ordinance provides for initiation of amendments to the Zoning Ordinance as follows:

18-201 Initiation of Amendments The text of this Ordinance and any zoning district boundary shown on the Zoning Map may be amended by the Board, provided the amendment is initiated in the following manner:

' At trial, the Plaintiffs expressly abandoned or declined to argue in support of the claims made in Count II (relating to piecemeal downzoning), Count IV and Count V (procedural and substantive due process (with the exception of vagueness)), Count VI (equal protection claims) and Count VIII to the extent that it reasserts piecemeal downzoning, due process and equal protection claims Consequently, those claims are dismissed with prejudice

OPINION LETTER


1. Adoption by the Planning Commission of a resolution of intention to propose an amendment; or

2. Adoption by the Board of a resolution of intention to amend, which resolution, upon adoption, is referred to the Planning Commission; or

3. Filing with the Zoning Administrator an application submitted by the owners, contract purchasers, or a condominium in accordance with the provisions of Sect. 2-518, or their agents, of the land proposed to be rezoned, which application must be sworn to under oath or affirmation and acknowledged before a notary public.

In order to initiate an amendment to their zoning ordinance, local governing bodies must state which of the four permissible purposes — necessity, convenience, general welfare, or good zoning practice — necessitates the amendment. Cty. of Fairfax v. S. Iron

Works, Inc., 242 Va. 435, 442-43, 410 S.E.2d 674, 678 (1991) (interpreting predecessor statute with identical language to Code § 15.2-2286(A)(7)). The Initiating Resolution expressly stated that "public necessity, convenience, general welfare, and good zoning practice require consideration of proposed revisions to [the Tax and Zoning ordinances]." This statement complies with the requirements of Code §15.2-2286. See id. The Code does not impose any other requirements regarding the content of an initiating resolution, and this Court declines to hold that any such additional requirements exist.

The Initiating Resolution also satisfies the amendment initiation requirements of the Zoning Ordinance. Section 18-201 provides for initiation of an amendment to the Zoning Ordinance by "[a]doption by the Board of a resolution of intention to amend, which resolution, upon adoption, is referred to the Planning Commission." The Initiating Resolution, taken as a whole, adequately expresses the Board's intention to amend the Zoning Ordinance. The Initiating Resolution identifies competing interests with respect to short-term lodging and states that public necessity, convenience, general welfare, and good zoning practice require consideration of the proposed amendments to balance those competing interests. By approving the Initiating Resolution, the Board adequately stated its intent to amend the Zoning Ordinance to achieve that balance. By resolving that the matter will be addressed at a public hearing with the Planning Commission, the Board effectively referred the matter to the Planning Commission as required by the Zoning Ordinance.

The Court finds that the Initiating Resolution complies with the Virginia Code and with the Zoning Ordinance and, therefore, the STL Amendment was properly initiated. Count I of the Second Amended Complaint is dismissed.

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Count In - Dillon Rule

The Plaintiffs claim the Amendments violate the Dillon Rule because the General Assembly has not provided the Board with the authority to regulate short-term lodging or to tax such transactions The Plaintiffs also claim that, to the extent that such authority exists, the Board did not implement that authority in a reasonable manner.

The Dillon Rule "provides that 'municipal corporations have only those powers that are expressly granted, those necessarily or fairly implied from expressly granted powers, and those that are essential and indispensable.-Marble Techs., Inc. v. City of Hampton, 279 Va. 409, 417, 690 S.E.2d 84, 88 (2010) (quoting Board of Zoning Appeals, 276 Va. at 553-54, 666 S.E.2d at 317); accord Board of Supervisors v. Countryside Investment Co., 258 Va, 497, 502-05, 522 S.E.2d 610, 612-14 (1999); City of Chesapeake v.

Gardner Enters., 253 Va. 243, 246, 482 S.E.2d 812, 814 (1997). Thus, "[w]hen a local ordinance exceeds the scope of this authority, the ordinance is invalid." City of Chesapeake, 253 Va. at 246, 482 S.E.2d at 814; see also

Board of Supervisors v. Reed's Landing Corp., 250 Va. 397, 400, 463 S.E.2d 668, 670 (1995) ("If there is a reasonable doubt whether legislative power exists, the doubt must be resolved against the local governing body.").

Schefer v. City Council of City of Falls Church, 279 Va. 588, 593, 691 S.E.2d 778, 780-81(2010).

Statutory Authority to enact The Amendments

"There is no dispute that pursuant to Code § 15.2-2280 the General Assembly has authorized any locality by ordinance to zone the territory in its jurisdiction." Id. at 593, 691 S.E.2d at 781. That code section expressly provides localities the authority to "regulate, restrict, permit, prohibit, and determine . . . : 1. The use of land, buildings, structures and other premises for . . residential . use[]."

Additionally, Code § 15.2-983(B)(1) expressly provides localities the authority to "establish a short-term rental registry and require operators within the locality to register annually." Pursuant to that statute, localities may collect a fee to cover the cost of maintaining the registry and may bar unregistered operators from offering a property as a short-term rental. The statute further provides that "an operator required to register may be prohibited from offering a specific property for short-term rental in the locality upon multiple violations on more than three occasions of applicable state and local laws,

ordinances, and regulations, as they relate to the short-term rental." Code § 15.2-

OPINION LETTER


983(C)(2) (emphasis added). This Code section also provides that, except as expressly provided in the Code section, "nothing herein shall be construed to prohibit, limit, or otherwise supersede existing local authority to regulate the short-term rental of property through general land use and zoning authority." Code § 15.2-983(D). Thus, the General Assembly has expressly authorized the Board to regulate the use of the Plaintiffs' property for short-term rentals. The Board acted within the authority granted to it when enacting the STL Amendment.

The General Assembly also has authorized localities to tax short-term rentals. Code § 58.1-3819 provides as follows:

§ 58.1-3819. Transient occupancy tax. A. Any county, by duly adopted ordinance, may levy a transient occupancy tax on hotels, motels, boarding houses, travel campgrounds, and other facilities offering guest rooms rented out for continuous occupancy for fewer than 30 consecutive days. Such tax shall be in such amount and on such terms as the governing body may, by ordinance, prescribe. Such tax shall not exceed two percent of the amount of charge for the occupancy of any room or space occupied; . . .

The Board relies upon the phrase "other facilities offering guest rooms" as providing the authority to tax the Plaintiffs' short-term rentals of their homes. The Plaintiffs claim that, in enacting this code section, the General Assembly did not intend to tax short-term rentals of their homes. The Plaintiffs make several arguments in support of their claim.

First, Plaintiffs argue that the general term, "other facilities" should be construed to include only those accommodations similar to hotels, motels, boarding houses, and travel campgrounds, and to exclude their houses. "The maxim of noscitur a sociis provides that the meaning of doubtful words in a statute may be determined by reference to their association with related words and phrases. When general words and specific words are grouped together, the general words are limited and qualified by the specific words and will be construed to embrace only objects similar in nature to those objects identified by the specific words." Andrews v. Ring, 266 Va. 311, 319, 585 S.E.2d 780, 784 (2003). The Court adheres to that principle of statutory construction. However, the Court does not agree with the Plaintiffs' argument that their homes, when used for short-term rentals, are not similar in nature to the other identified accommodations, Hotels, motels, boarding houses, and travel campgrounds all provide accommodations to people for the usual activities of daily living. While the level of ancillary services provided, such as maid service, food service and other amenities varies greatly between these types of accommodations, they all provide a place for people to stay where they can live and sleep.

OPINION LETTER

Cooper, et al v. Board of Supervisors CL-2018-12818 May 13, 2020 Page 8 of 14

The Plaintiffs' residences likewise are offered as an accommodation to people requiring a place to conduct those same activities of daily living, and thus the term "other facilities" is properly construed to include them.

The Plaintiffs' second argument is that their residences are not rented 365 days a year, and thus are not "rented out for continuous occupancy," and therefore are not subject to taxation. This argument relies upon an unreasonable reading of Code § 58.1-3819. The clear purpose of that code section, as its title suggests, is to authorize imposition of a transient occupancy tax. In an effort to limit the grant of authority to taxation of transient occupancy only and exclude taxation of occupancies of a more permanent nature, the Code section limits the authority to "hotels, motels, boarding houses, travel campgrounds, and other facilities offering guest rooms rented out for continuous occupancy for fewer than 30 consecutive days." Code § 58.1-3819(A) (emphasis added). The phrase "continuous occupancy" cannot be separated from the phrase "for fewer than 30 consecutive days" that follows. When read together it means that rentals for less than 30 consecutive days of occupancy by the same person are subject to taxation. This is consistent with the notion of transient occupancy. Without the words "continuous occupancy," accommodations rented out to different people for a series of short-term rentals — each of which was less than 30 days, but which together extended for 30 consecutive days or more — would not be subject to the tax. Adopting the Plaintiffs' reading of the statute — that only those accommodations rented out continuously, that is without interruption, are subject to the tax — would allow accommodations offering transient occupancy to avoid tax liability by simply closing for one night per year or tax reporting period. The Court declines to read the statute in that fashion and finds that the Board correctly construed the authority granted to it by Code § 58.1-3819, which authorized it to tax the Plaintiffs' short-term rentals.

Reasonableness of implementation

At trial, the thrust of the Plaintiffs' Dillon Rule challenge to the STL Amendment was not so much that the Board was not authorized to act with regard to zoning matters, but rather that it failed to exercise its authority in a reasonable manner. "Where the state legislature grants a local government the power to do something but does not specifically direct the method of implementing that power, the choice made by the local government as to how to implement the conferred power will be upheld as long as the method selected is reasonable." Arlington Cty. v. White, 259 Va. 708, 712, 528 S.E.2d 706, 708 (2000) (quoting City of Virginia Beach v. Hay, 258 Va. 217, 221, 518 S.E.2d 314, 316 (1999)). For example, if a locality defines a term in a way that expands upon the General Assembly's grant of authority, such would be unreasonable and in violation of the Dillon Rule. See id. at 712-13, 528 S.E.2d at 708-09 (holding that although locality had the authority to provide health insurance to "dependents" of its employees, defining that term

OPINION LETTER


to include domestic partners exceeded that contemplated by the General Assembly, and thus was unreasonable and violated the Dillon Rule).

When, as here, the Board is acting in its legislative capacity, its actions are "presumed to be reasonable. The presumption is rebuttable, but it stands until surmounted by evidence of unreasonableness. The litigant attacking the legislative act has the burden of producing probative evidence of unreasonableness." Ames v. Town of Painter, 239 Va. 343, 347, 389 S.E.2d 702, 704 (1990) (internal citation omitted). If such evidence of unreasonableness is shown, the Board is not required to persuade the factfinder of the reasonableness of its action by a preponderance of the evidence. It must only produce evidence sufficient to make the question "fairly debatable" for the legislative act to be sustained. Id. at 348, 389 S.E.2d at 704; Fairfax Cty. v. Southland Corp., 224 Va. 514, 522-23, 297 S.E.2d 718, 722 (1982). "An issue may be said to be fairly debatable when, measured by both quantitative and qualitative tests, the evidence offered in support of the opposing views would lead objective and reasonable persons to reach different conclusions." Ames, 239 Va. at 348, 389 S.E.2d at 704 (citations omitted). Any doubt regarding reasonableness is resolved in favor of the locality. White, 259 Va. at 712, 528 S.E.2d at 708.

Plaintiffs claim the Board's zoning authority was exercised unreasonably when it initiated and enacted the STL Amendment because 1) the Board incorrectly deemed short-term rentals of residential property to be unlawful, and therefore 2) the Board failed to give reasonable consideration to the existing use of property as required by Code § 15.2-2284. These two pillars are not well-grounded and fail to support the Plaintiffs' claim.

The first pillar of Plaintiffs' argument is that the Board was incorrect in stating in the Initiating Resolution that short-term rental was a use prohibited in a residential district Plaintiffs believe that short-term rental of a home used for eating and sleeping purposes constitutes residential occupancy and thus was a by-right use as a "dwelling" under the Zoning Ordinance as it existed prior to adoption of the STL Amendment. Two judges on this Court have considered this argument and reached opposite conclusions. Compare

Ratcliff v. Bd. of Supervisors, Fairfax Circuit Court Case No. CL-2018-1836 (Judge Bugg) (concluding that an abode "used for a residential purpose a majority of the time" is a dwelling despite also being used occasionally for short-term rentals), with McEwan v. Bd.

of Supervisors, Fairfax Circuit Court Case No. CL-2018-2104 (Judge Ortiz) (concluding that "where a building is used for transient occupancy, such use precludes defining the building as a dwelling under the Zoning Ordinance."). It is the opinion of the undersigned judge that Judge Ortiz's analysis and conclusion are correct.

Prior to amendment, the Zoning Ordinance defined the term "dwelling" as "[a] building, or portion thereof, but not a mobile home, designed or used for residential

O9NIS LETTER

Cooper, et al v. Board of Supervisors CL-2018-12818 May 13, 2020 Page 10 of 14

occupancy. The term 'dwelling' shall not be construed to mean a motel, rooming house, hospital or other accommodation used for more or less transient occupancy.' Fairfax Cty., Va., Zoning Ordinance § 20-300 (2017). The Plaintiffs make the same argument here that Judge Ortiz considered and rejected in McEwan — that is because their property is designed or used for residential occupancy it is a "dwelling." The Plaintiffs argue that the analysis should end there, without considering the second sentence of the definition. The Court is bound, however by "the settled rule of statutory construction that an enactment should be interpreted, if possible, in a manner which gives meaning to every word. Monument Assocs. v. Arlington Cty. Bd., 242 Va. 145, 149, 408 S.E.2d 889, 891 (1991). When the two parts of the definition are read together, it is clear that the second sentence carves out an exclusion from the broad definition of dwelling described in the first sentence. That exclusion encompasses any "other accommodation used for more or less transient occupancy." For this reason and those stated in Judge Ortiz's opinion in McEwan, which this Court incorporates herein, the Court finds that the Plaintiffs' property is used for transient occupancy and is, therefore, excluded from the definition of a dwelling.8 Thus, short-term rental of the Plaintiffs' homes is not a by-right permitted use in any residential district.

The second pillar supporting the Plaintiffs' argument is that, because the Board incorrectly believed that short-term rental was not a lawful use, any consideration the Board gave to that existing use was not reasonable. The Court does not agree.

It is undisputed the Board was aware that residential property was being used for short-term rentals. A number of the Plaintiffs testified at trial that they appeared before the Board and the Planning Commission at public hearings and testified about the use of their property for that purpose. The Initiating Resolution recognized "a proliferation of short-term lodging uses in Fairfax County . . . [are] used to supplement income, make their homes more affordable and offer travelers an alternative and less expensive accommodation." The Board acted to assure that such use could continue, albeit in a regulated fashion. Code § 15.2-2284 requires that "[z]oning ordinances and districts shall be drawn and applied with reasonable consideration for the existing use and character of property . . . ." The facts prove that the Board fully considered short-term rentals as an existing use. It is of no consequence that the Board may have believed when it enacted the STL Amendment that it was authorizing something that had been prohibited, instead of limiting that which had been permitted. The Board gave consideration to the fact that short-term rentals were "proliferating" in the county, regardless of whether such use was permissible or impermissible. The Court finds that the Board gave reasonable consideration to the existing use of property when amending the Zoning Ordinance and

8 The undersigned Judge respectfuliy disagrees with Judge Bugg's opinion in Ratcliff and adopts Judge Ortiz's critique of that decision as stated in McEwan.

OPINION LETTER


thus complied with Code § 15.2-2284. The Board's implementation of its authority over zoning matters therefore was reasonable and thus did not violate the Dillon Rule.

Even if the Plaintiffs had produced probative evidence of unreasonableness in implementing the STL Amendment, the Plaintiffs would not be entitled to judgment in their favor. Such a showing merely shifts the burden to the Board to show the reasonableness of its action was "fairly debatable." Ames, 239 Va. at 348, 389 S.E.2d at 704. The evidence in the record before this Court demonstrates that the Board's actions meet the "fairly debatable" standard.

Even if the Board was incorrect in its belief that prior to July 2018 short-term rentals were not a permitted use in a residential district, the STL Amendment was a valid exercise of the Board's legislative power. The Board acted to ensure that the existing use of property for short-term rentals would continue in a manner consistent with maintaining the character of established neighborhoods, the quality of life of residents, and the safety of guests. Whether the Board chose the best way to reconcile the competing interests of providers, neighbors and travelers is a matter which "would lead objective and reasonable persons to reach different conclusions." Id. The reasonableness of the Board's action in adopting the STL Amendment is thus fairly debatable and must be sustained.

The Board acted within the authority granted to it by the General Assembly in enacting the STL Amendment and the Tax Amendment. The means by which the Board implemented that authority were reasonable, or at a minimum, the reasonableness was fairly debatable. Therefore, the Plaintiffs' Dillon Rule challenge fails and Count III of the Second Amended Complaint is dismissed.

Count IV and Count V - Vagueness

In these counts of the Second Amended Complaint, the Plaintiffs claim the STL Amendment violates procedural and substantive due process because it is vague, thus depriving the Plaintiffs of reasonable notice of what the law requires.9 Specifically, the Plaintiffs claim the Zoning Ordinance is unconstitutionally vague because it allows short-term rentals as a by-right use, but also classifies short-term rentals as an accessory use, which is subject to permitting and regulation.

Pursuant to Article 3 of the Zoning Ordinance, dwellings are a by-right permitted use in every residential district. The STL Amendment modified the definition of the term

9 Additional procedural and substantive due process violations were raised in the Second Amended Complaint but were abandoned at trial Those additional claims are dismissed.

OPINION LETTER


"dwelling" as follows (deletions to the existing ordinance are struck through, additions are underlined and bolded, and defined terms appear in all capitals):

DWELLING: A building or portion thereof, but not a MOBILE HOME, designed or used for residential occupancy. The term 'dwelling' shall -not be-construed--to does not mean a motel, rooming house, hospital, or other accommodation used for more or less transient occupancy. TRANSIENT OCCUPANCY, except a dwelling may be used for SHORT-TERM LODGING.

Fairfax Cty., Va., Zoning Amendment 18-473 § 20-300 (2018). The STL Amendment also defined for the first time "short-term lodging" as "The provision of a room or space that is suitable or intended for transient occupancy, in exchange for a charge for the lodging. Such does not include accessory dwelling unit, bed and breakfast, hotel/motel, or temporary family health care structure." The STL Amendment defined for the first time "transient occupancy" as "Use of a dwelling or mobile home, or part thereof, for sleeping or lodging purposes for fewer than 30 consecutive nights." Id. The STL Amendment also added short-term lodging as a permitted accessory use subject to permit and regulation. Fairfax Cty., Va., Zoning Amendment 18-473 § 10-105 (2018).

The Plaintiffs claim that their homes are "dwellings" because they were designed and are used for residential occupancy. The Plaintiffs further argue that residential occupancy includes both short- and long-term occupancy. Thus, the Plaintiffs argue short-term rentals for transient occupancy is residential occupancy and, therefore, is a by-right use. The amended definition of dwelling, however, makes short term rentals an accessory use, which renders the Zoning Ordinance confusing and thus vague

The vagueness claim is predicated upon the same selective reading of the definition of "dwelling" that the Plaintiffs make in support of their argument that, prior to the STL Amendment, short-term rentals were a by-right use of the Plaintiffs' property. As discussed above, the Court rejects that argument. For the same reasons, the Court rejects the Plaintiffs vagueness claim. Applying the definition of "dwelling" in its entirety, it is clear that an accommodation used for transient occupancy is not a dwelling unless it meets the definition of short-term lodging clearly set out in the Zoning Ordinance. The Plaintiffs' vagueness claims are rejected, and Counts IV and V are dismissed 1°

'° Because the vagueness claims are rejected, the Court need not determine whether vagueness is a violation of substantive or procedural due process

OPINION LETTER


Count VII— Unreasonable search and seizure

Plaintiffs claim the portion of the STL Amendment that provides for inspections of property offered for short-term lodging authorizes searches without a warrant or consent, and thus violates the Fourth Amendment to the United States Constitution and Article I, Section 10 of the Virginia Constitution. Plaintiffs also claim the inspection provision is "unreasonable, arbitrary, capricious [and] unauthorized . . ., without any valid relationship to the health safety and welfare of the citizens of Fairfax County and [is] void ab initio." Second Am. Compl. 11127.

The inspection provision of the STL Amendment states that "A dwelling or mobile home used for Short-Term Lodging must: A. Be open, upon request, for inspection by County personnel during reasonable hours; . . . ." Fairfax Cty., Va., Zoning Amendment 18-473 § 10-105(2)(A) (2018). After the STL Amendment was adopted, but before the Second Amended Complaint was filed, the Board amended Zoning Ordinance §18-901(4) to include the following: "All searches or inspections authorized by this Ordinance require a warrant, court order, consent, or another exception to the warrant requirement." The Plaintiffs have not claimed nor presented any evidence that Fairfax County has requested or conducted any search of their property offered for short-term lodging.

By the subsequent amendment to the Zoning Ordinance, the inspections of the Plaintiffs' property can occur only with their consent, or with a warrant or other court order, or pursuant to a recognized exception to the warrant clause of the Fourth Amendment. Thus, assuming without deciding that the Plaintiffs' have standing to raise a Fourth Amendment claim or have any remedy available to them absent a search or attempted search of their property, the claim that the Zoning Ordinance authorizes unconstitutional searches and seizures is, on its face, wholly without merit.

The Plaintiffs also have not presented any evidence to show that the Board was unreasonable, arbitrary or capricious in authorizing inspections of short-term rental property in a manner consistent with the Fourth Amendment. The Plaintiffs have failed to overcome the presumption of reasonableness the Board's legislative enactments are entitled to. See Ames, 239 Va. at 347-48, 389 S.E.2d at 704. In fact, the evidence at trial suggested that such inspections are necessary to assure the safety of persons using the property for short-term rentals.11

" For example, Plaintiff Melinda Galey offers the basement of her townhome for short-term rentals for 120 to 150 nights per year. The basement is furnished with a bed for her guests to use, but the basement lacks direct egress to the outside or an emergency escape, and thus cannot be used as a bedroom See Va. Maintenance Code § 702; Intl Fire Code § 1030.1.

OPINION LETTER


The Court finds nothing unconstitutional or unreasonable relating to the inspection requirements included in the STL Amendment. Count VII of the Second Amended Complaint is dismissed.

Count VIII

Count VIII incorporates all of the claims addressed above in a single count that alleges that the Amendments are unreasonable, arbitrary, capricious, unauthorized, illegal, in violation of Virginia law, in violation of the United States Constitution, in violation of the Virginia Constitution, without any valid relationship to the health, safety and welfare of the citizens of Fairfax County and void ab initio." Second Am. Compl. ¶ 138.

All of these claims have been addressed above and are rejected Count VIII of the Second Amended Complaint is dismissed.

Conclusion

For the reasons stated, the STL Amendment and the Tax Amendment were proper exercises of the authority given to the Board over zoning and taxation. All counts of the Second Amended Complaint are dismissed with prejudice. An order to this effect is enclosed. Counsel are directed to endorse the order with their objections and return it by email to my law clerk, Richard Armstrong

Sincerely yours,

t(6( Michael F. Devine Circuit Court Judge

End.

OPINION LETTER

E4 1i+ ii

RESOLUTION

Al a regular meeting of the Board of Supervisors of Fairfax County, held in the Board Auditorium of the Government Center Building, Fairfax, Virginia, on March 20, 2018, at which meeting a quorum was present and voting, the following resolution was adopted:

WHEREAS, short-term lodging uses are typically referred to as the rental or occupancy of a dwelling or portion of a dwelling for transient occupancy of fewer than 30 days, a use currently prohibited in any dwelling pursuant to the definition of a dwelling in Article 20 of the Zoning Ordinance; and

WHEREAS, the emergence of on-line hosting platforms, such as Airbnb, FlipKey and VRBO, as part of the rise of a "sharing economy" wherein individuals use their property and time to offer a service to the general population, has caused a proliferation of short-term lodging uscs in Fairfax County and nationwide; and

WHEREAS, short-term lodging uses could have impacts on the character of established neighborhoods and the quality of life of residents and the Zoning Ordinance does not currently set forth regulations intended to protect against such short-term lodging impacts; and

WHEREAS, operators of short-term lodging uses support the use as a way to supplement income, make their homes more affordable, and offer travelers an alternative and less expensive accommodation; and

WHEREAS, the Board of Supervisors directed staff, through the 2017 Zoning Ordinance Amendment Work Program, to consider the topic and propose regulations intended to achieve a balance between allowing short-term lodging and maintaining the character of residential neighborhoods; and

WHEREAS, the public necessity, convenience, general welfare, and good zoning practice require consideration of the proposed revisions to Chapters 4 (Tax) and 112 (Zoning Ordinance) of the County Code;

NOW THEREFORE BE IT RESOLVED, for the foregoing reasons and as further set forth in the Staff Report, the Board of Supervisors authorizes the advertisement of the public hearing during which the Planning Commission and the Board will consider the proposed Zoning Ordinance and County Code amendments as recommended by staff.

A Copy — Teste:

Catherine A. Chianese Clerk to the Board of Supervisors

VIRGINIA:

IN THE CIRCUIT COURT OF FAIRFAX COUNTY

ANDREW COOPER, et at.,

Plaintiffs, V. CL- 2018-12818

BOARD OF SUPERVISORS OF FAIRFAX COUNTY

Defendant.

FINAL ORDER

THIS MATTER came before the Court for trial without a jury. Upon consideration of all of the evidence and the arguments of counsel, and for the reasons stated in the Court's letter opinion of May 13, 2020, which is incorporated herein by reference, the Court finds in favor of the Defendant on all counts of the Second Amended Complaint, and it is hereby

ORDERED that this matter is DISMISSED WITH PREJUDICE.

May , 2020 Michael F. Devine Circuit Court Judge

SEEN AND OBJECTED TO:

Grayson P. Hanes, Esq. Nicholas V. Albu, Esq. Reed Smith, LLP 7900 Tysons One Place, Suite 500 McLean, VA 22102 Counsel for the Plaintiffs

SEEN:

Cherie L. Halyard, Esq. Assistant County Attorney 12000 Government Ctr Pkwy Suite 549 Fairfax, VA 22035 Counsel for the Defendant

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%vivre Alexandria, VA, USA Check Out Check In

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Walk to Metro !Just Renovated House in Alexandria

Q. House - 1850 sq. ft.

Sleeps: 12

al Bedrooms: 4

4) Bathrooms: 2

(S. Min Stay: 2 nights

11

Alexandria VA. USA 2.1 in, to AlexamIrsa center

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Alexandria house 4 bedrooms 2 baths

Welcome home! Get comfortable. The house is walking distance to Huntington Metro! If you bring cars, plenty of

parking is available. Walk to restaurants and stores. You will have easy access to Washington DC. Old town

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good for families. buisness people. people wishing to explore the area, and people wanting to relax and enjoy the

area!

Bedrooms

al Bedrooms 4 Sleeps: 12

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Owner

Nick Member Since 2017

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Languages: English. Spanish

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About Nick

My name is Nick, my wife Is Gissel we have 4 boys Im In the contracting buIsness. We love eating, fishing , playing

sports and hosting people on vacation! We are super hosts on Airbnb! We have excellent reviews! Check them

out!

Nick purchased this House in 2007

Why Nick chose Alexandria

Location, Location. Location! Walking distance to metro! 15 to 20 minutes away from D.C. Great location!

What makes this House unique

Walking distance to huntington metro. Restraunts. and stores!

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Amenities

Featured

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Bathrooms

Bathrooms: 2

Bathroom 2 toilet. shower Bathroom 1

toilet. tub

Safety features

Deadbolt lock Smoke detector AO 2 level,

Carbon-monoxide detector All 2 Levels

First-aid kit bedroom closet

Fire extinguisher Kitchell

Exterior lighting


V. No Smoking t43 Washer & Dryer 8. Air Conditioning

gir Children Welcome • Satellite or Cable 10 Heater

• TV 'T` Internet a Parking

Location Type

Downtown waOlInfltOn DC 10 mileS awn'

General

Air Conditioning new unit Clothes Dryer Wireless Internet

Heating Iron & Board new unit Parking

Hair Dryer Linens Provided Internet

nos Internet and cable ty Living Room Washing Machine new Towels Provided

Kitchen

Dishwasher new

Refrigerator double door wah ice maker and water new

Stove gas stove new

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Dining

Dining Area

Microwave new

Grill

Coffee Maker

Toaster

Dining

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Pantry Items 11,0i

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Entertainment

Television

Outside

Lawn/ Garden fenced in bar k yard

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Outdoor Furniture

Suitability

Long-term Renters Welcome

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Check-In: 400 PM Check-out 11:00 AM

X No parties/events

X No smoking

X No pets Except service dogs

Children allowed

Minimum age of primary renter: 21

Max guests: 12 (sleeps up to 12 adults)

Cancellation Policy

100% refund if canceled at least 14 days before arrival date. 50% refund if canceled at least 7days before arrival date.

17 Reviews ***** Wonderful69/S

1-6 of 17 E;)

The perfect "base camp" for our Washington DC trip 5/5 * * * * * Stayed Oct 2019

Anne M. Martinsville

I highly recommend this rental. There was a small hiccup with our check•in which was quickly remedied by Nick. The house itself is just as described. The location Is great. It is within walking distance to the Huntington Metro (last stop on the yellow line). We could easily use the Metro to Arlington Cemetery, the Pentagon. the National Mall, the Capitol, the White House either directly from the yellow line or with one transfer to the blue line. The Metro system was good. The trains were timely and clean. The house Is a short drive from the Walmart, Papa John's pizza and a prompt care (which we had to use for an ear infection visit). There is a 7/11 on the corner a block away. Kings Street was not a real busy street so there was no significant street noise. There is a patio in the backyard with a table and 4 chairs. The weather was pleasant enough to sit out back in the evening. The kitchen was stocked with plates, silverware and an assortment of pots and pans sufficient to serve our group (10 people). (The only kitchen implement we could have used that we did not find was a colander, but we improvised.) The beds were comfortable as advertised. The house has 4 bedrooms and 2 bathrooms and was sufficient for our needs (even with 6 teenage girls so long as you had a plan). The living room/kitchen space Is compact but worked for eating, games and Just hanging out. The table only has 6 chairs, but there are card table chairs louse so all of us could squeeze in around the table. The driveway easily accommodated our two cars. We left our cars there and used the Metro except for our trip to Annapolis. The house is a short drive or Uber away from Old Town Alexandria. It was nice to walk around old town near the Potomac. I would definitely book here again.

Published Oct 12. 2019

Convenient location! 5 ,5 * ** * * Stayed Ott 2019

Courtney p.

The house was very clean and close to the metro station. We had 9 guests, the beds were great. The upstairs bathroom was clean but very small. My daughter was the only one that could use the shower because the ceiling is very low, she's 51". The only thing I didn't like about the upstairs bedrooms was that the ceiling fans and lights were synced. so they were both on the same settings. There was only seating for 4 in the living room, but we used the dining room chairs doe everyone else. Overall It was great for our short, 2 night, stay!

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LANDMARK QC.ameron Station

Community Association

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Rose Hill

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AMC Holtman Center 220 Alexandria

Huntington Bello Haven a

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9/3/2020& Matched property listing

Property just as pictured and described; Nick was great to work with! 5/5 * ** * * Stayed Aug 2019

Ramona M.

Location and property were Just as described. Nick was very responsive to any of our questions and needs. Plenty

of comfortable beds for our family. We really enjoyed our stay here while visiting DC and the surrounding area.

Published Aug 22.2019

Owner's Response:

Ramona and family were great guests! Communication was excellent! They kept the house super clean! I

highly recommend them as guests!

Everything We Needed 5,5 * * * * * Stayed Jun 2019

Cheryl I

The porch seemed like it needs some updates, but the house Itself was clean and a great place for our group to get

together. The property manager, Nick, was so quick to answer any questions I had. and I was very impressed

Overall, we had a great time, and I'd highly recommend.

Published Jun 27.2019

Cute house 4/5 *** * Stayed Jun 2019

Riley M.

I found this place to be a nice getaway for my friends and I. The beds had pillow toppers and were very

Comfortable. The upstairs bath was pretty small but functional. If I had any questions for the owner he responded

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Quaint and clean 4/5 * * ** Stayed Jun 2019

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Good stay overall. House was quaint and clean. Beds were very comfortable! Owner quickly resolved request for

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Taxes and fees are adddional

Additional Information about rental rates

Cleaning Fee 170

Refundable Damage Deposit 350

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Walk to Metro !Just Renovated House in Alexandria

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(S. Min Stay: 2 - 3 nights

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ftrCondlt'entnc Ho Smoking

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Welcome home! Get comfortable. The house Is walking distance to Huntington Metro! If you

bring cars, plenty of parking is available. Walk to restaurants and stores. You will have easy

access to Washington DC. Old town Alexandria. National Harbor. Mount Vernon (George

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ni 4 Bedrooms 65 Sleeps 11

Bedroom 1 Bedroom 2

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First floor. Bedroom 1- queen bed Bedroom 2. one twin bed and a bunk bed. 3 twins total. Great for kids' Second floor- bedroom 3-queen bed. Bedroom 4-2 queen beds Sleeps 11 people! Everybody loves the beds, very, very, comfortable and new!

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Ng sssss .e, Children Welcome

Satellite or Cable Heater

Internet

Washer & Dryer Parking

Bathrooms

2 Bathrooms

Bathroom 1 toilet. shower

toilet. tub Bathroom 2

Safety features

Exterior lighting Carbon-monoxide detector Smoke detector

Fire extinguisher Deadbolt lock First-aid kit

Location Type

Downtown washinotor,O C 10 mks away'

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Meals

Guests provide their own meals

General

Air Conditioning new unit Clothes Dryer

new Heating IleVI Una Parking

Linens Provided Internet ties interact and cable Iv

Washing Machine new Towels Provided

Kitchen

Wireless Internet

Iron & Board

Hair Dryer

Living Room

Dishwasher

Refrigerator double door with lee rnaket and III2tr, new

Stove ps now new

Oven

Microwave new

Grill

Coffee Maker

Toaster

new

Pantry Items new

Dishes & Utensils new

Kitchen

Dining

Dining Area

Entertainment

Television

Outside

Lawn /Garden fenced in back yard

Suitability

Long-term Renters

House Rules

Check-In: 4:00 PM

Dining table tor 6

ateltitei Latme cable v.,

Bicycles

Welcome

Check-out 11:00 AM

comfy seating for 6 people

Games board games

Outdoor Grill

X No parties/events

X No smoking

X No pets Except service dogs

Children allowed

Minimum age of primary renter: 21

Max occupancy: 11

Cancellation Policy

https://app.hostcompliance.com/property/2SAgKeY4oNk1okUq?geoid=05000US51059# 3/7


100% refund if canceled at least 30 days before arrival date. 50% refund if canceled at least 14 days before

arrival date.

8 Reviews * * * * * Exceptional 5/5

1 • 6 of 8

Nice! 5/5 * ** * * Stayed Sep 2018

Brent N.

The house was nice and conveniently located close to Old Town Alexandria, D.C., and even a

nice drive to the FedEx Field for a football game. It was perfect for our group.

Submitted Oct 9.2018

Nice place. 5/5 * * * * * Stayed Aug 2018

Ann B.

We enjoyed our stay. House was clean and just as pictured.

Submitted Aug 10.201.8

Owner's Response:

Thanks Ann for the great review! Hope to see you soon!

Wonderful place. 5/5 * * * * * Stayed Jul 2018

Randall S.

The home was excellent, well located to local restaurants. D.C. Metro. House had exceptional

amenties such as Internet. parking and laundry facilities. Most enjoyable to sit on the patio

enjoying your morning coffee or breakfast.

Submitted Aug 3.2018

Owner's Response:

Randall and his family were very nice! Communication was excellent! They kept the

house super clean! I highly recommend Randall as a guest!

Great place! 5/5 * * * * * Stayed Jul 2018

Katie N.

Stayed here with 2 families. Everyone had a bed (and they were super comfortable!). Loved

that it was walking distance to the metro, as we spent our days doing the tourist bit in DC!

Submitted Jul 26.2018

Everything was Great 5/5 * * * * * Stayed May 2018

Ernest W.

Everything was great Superb location. No complaints.

Submitted Jun 18.2018

https://app.hostcompliance.com/property/2SAVeY4oNkl okUq?geoid=05000US51059# 4/7

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Exactly what we wanted 5/5 * * * ** Stayed Apr 2018 CyndyW.

This house is exactly what we wanted....safe location, close to the Metro, and CLEAN!! There were 10 of us 3 adults and 7 children (ages 3 to 14) so the bedding worked out perfectly for us and the beds were very comfortable. The house was very clean and had everything we needed. Nick was more than accommodating with anything we asked for (wine glasses and bath mats) and gave us metro info and a map and restaurant recommendations, etc. It was as close to a perfect trip as you can get with 7 kids (6 of whom are boys!!)

Submitted Apr 10 2018

Owners Response: Thanks Cyndy, for the great review! You and your family were so nice. Great kids! Thanks for keeping the house so clean! Come back anytime!

1-6 of 8

Map

Alexandria, VA. USA


February 2019 March 2019

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9/3/2020


17 18 19 20 21 22 23 17 18 19

25

27

24 25 2 ,5

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April 2019

May 2019

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7 8 9 10 11 12 13 5 6 7 8 9 10 11 265 265 265 265 263 265 265 269 269 269 269 269 269 269

14 15 16 17 18 9

12 13 14 15 16 17 18 265 265 265 265

269 269 269 269 269

21 22 23 24 25 26 27 19 .20 21 22 23 24 25

275 275 275 275 275 275

28 29 30

25 27 25 29 30 31

275 275 275

Taxes and fees are additional

Additional information about rental rates

Cleaning Fee 170

Refundable Damage Deposit 350

Special Offers

Add your property to Expedla

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Cozy Townhouse with Private Yard Free Parking and WiFi. Walk to Metro! Great gateaway near DC. Old Town Alexandria and National Harbor NEW! Alexandria Townhome - 9 Miles to Downtown DC! Historic Home In Old Town Alexandria: Stay for $350 in Jan and Feb Metro Washington DC. Full House close to all the attractions, sits on 1.6 acres. Walk To Metro Remodeled House 4 Bedroom House: 3 miles to Pentagon & Smiles to Washington Monument The Wyndham Old Town Alexandria Resort -located minutes from the metro

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111 Get our newsletter and stay current on vacation rental deals and specials. Email Address

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https://app.hostcompliance.com/property/2SWeY4oNklokUq?geold=05000US51059# 7/7

$185 DV night *4,91(151 cewews)

Dates

11/03/2019 --> Checkout

Guests

1 guest

Reserve

You won't be charged yet

Nick


November 02, 2019 - 03:20AM America/New_York ATTACHMENT 7 Screenshot printed at: 9/3/2020 3:33:03 PM

Q Search 0 English (US) $ USD Become a host Help Sign up Log I Nov 2, 2019 3:20am ET

Et] Share Save

111

0

View Photos

Just Renovated and Walking Distance to Metro Alexandria

11 guests 4 bedrooms 7 beds 2 baths

* Entire home You'll have the house to yourself.

• Self check-In Check yourself in with the keypad.

a Sparkling clean 12 recent guests said this place was sparkling clean.

S Nick Is a Superhost Superhosts are experienced, highly rated hosts who are committed to providing great stays for guests.

Report this listing

Our home is blocks to Huntington Metro. Walk to restaurants, retail, and grocery stores. You will be close to 95 and 495, Old Town Alexandria 3.6 miles, Fort Belvoir 7 miles, National Harbor/MGM Grand Casino 4.8 miles, DCA 7.4 ml Washington DC 13.8 miles, Mount Vernon; G W's house 5.9 miles and Arlington 9.3 miles. Free parking! Our place Is good for business travelers, families, people wishing to explore the area. Enjoy home away from home. The entire home will be yours.

Read more about the space -

Contact host

Amenities

Free parking on premises Wifi

https://app.hostcompliance.com/property/2SAqKeY4oNk1okUq?geoid=05000US51059#air14358200 1/5


yi Kitchen Cable TV

Show all 36 amenities

Sleeping arrangements

II M M

Bedroom 1 Bedroom 2 Bedroom 3 1 queen bed 3 single beds 2 queen beds

Availability

This host otters 10% off if you stay a week and a 40% monthly discount.


Su MO To We TT Fr S S Mn To We Th Fr 5,-,

1 night minimum stay 1111- 7-1 6 7

Clear dates

Reviews

*4.91 151 reviews Search reviews

Cleanliness 5.0 Check-In 5.0

Communication 5.0 Accuracy 4.9

Value 4.9 Location 4.8

e Nathaniel October 2019

Great Stay

O Elizabeth October 2019

Nick's house was exactly what our large group needed.

Kayla • September 2019

GREAT value. Our large family stayed here for a weekend wedding, and well definitely consider it again when we're back In town. Host communicates quickly and clearly.

do Brent September 2019

This place was great. Minutes away from all the fun things to do in Alexandria and DC. Nick was extremely helpful and quick to respond to anything we needed which wasn't the case because everything was all set for our stay.

Hnin Hnin • September 2019 LAST MINUTE TRW

In a great location and was exactly what we were looking for. Had slot of room for our family.

https://app.hostcompliance.com/property/2SkiKeY4oNk1okUq?geoid=05000US51059#air14358200 2/5

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WILTON WOODS J Elit -b,i4

MANOR P (

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Ili) Jill September 2019

My book club friends and I were in town for the National Book Festival, and we found Nick's place Just perfect! We walked to a near by shopping center for dinner two nights and the Metro station was just a few yards beyond the shopping center. The house was very clean and...Read more

Adia August 2019

Nick's home was clean, the beds were very comfortable, and the check-in process was super smooth and seamless. We had 7 guests during our stay and there was ample space. Venue looks exactly like the photos. Both Walmart and target are walking distance, for those traveling wtthout...Read more

• 2 3 22 (9

Hosted by Nick Springfield, VA Joined in August 2016

* 298 Reviews 0 Verified

Nick Is a Superhost • Superhosts are experienced, highly rated hosts who are w committed to providing great stays for guests.

Nick is in the painting and contracting business. Gissel stays home with their 4 children. Nick likes to eat and Gissel likes to cook. On our spare time we like to go boating, fishing and eating out. Our favorite places to visit are Clearwater Florida, Punta Cana Dominican...Read more

Interaction with guests Feel free to call us if there is anything we can do to make your stay more enjoyable.

Languages: Espanol Response rate: 100% Response time: within an hour

Contact host

Always communicate through Alrbnb To protect your payment, never transfer money or communicate outside of the Airbnb website or app. Learn more

The neighborhood Nick's place is located in Alexandria, Virginia, United States.

We lived In this neighborhood and loved it because it is In an urban setting and you can walk to retail, grocery stores, restaurants and the metro. We also enjoyed it because we could ride our bikes to Old Town Alexandria and the Potomac river and enjoy the beautiful nature in Norther Virginia. It's also very close to 495.

Read more about the neighborhood -

See guidebook

https://app.hostcompliance.com/property/2SAoKeY4oNklokUq?geoid=05000US51059#air14358200 3/5


I 6114 .20196.91.

Exact location information Is provided after a booking Is confirmed.

Things to keep in mind Check-In: After 4PM Checkout:11AM

Self check-In with keypad

House Rules

wri No smoking

No parties or events

Read all rules

it No pets

Cancellations

Free cancellation for 48 hours After that, cancel up to 5 days before check-In and get a full refund, minus the service fee. Read more about the policy -

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https://app.hostcompliance.com/property/2SAcKeY4oNklokUq?geoid=05000US51059#air14358200 4/5

9/3/2020 Matched property listing More places to stay in Alexandria Apartments • Bed and breakfasts • Lofts • Villas • Condominiums

Washington Baltimore Arlington Chadottesu e Alexandria Richmond Silver Spring Annapolis Bethesda Coutts Crossing Creston Le Cailar Brentwood Saint-Nicolas Winters Puiseaux Daman and Da Vagii Sopa

https://app.hostcompliance.com/property/2SAciKeY4oNklokUq?geoid=05000US51059#air14358200 5/5

* Entire home You'll have the house to yourself. N./

Guests

1 guest

Reserve

You won't be charged yet

A Self check-In Check yourself in with the keypad.

8 . Sparkling clean 10 recent guests said this place was sparkling clean.

9/3/2020

February 10, 2020 - 05:01PM America/New_York


Q Search


ATTACHMENT 8

English (US) S USES Become a host Help Sign up Log Feb 10, 2020 4:01pm ET

Share

Just Renovated and Walking Distance to Metro!!!! Alexandria

14 guests 4 bedrooms 9 beds 2 baths

$225 pet night * 4.91 167 re-pews)

Nick Dates

02/11/2020 Checkout

S Nick Is a Superhost Superhosts are experienced, highly rated hosts who are committed to Report this listing

providing great stays for guests.

Our home is blocks to Huntington Metro. Walk to restaurants, retail, and grocery stores. You will be close to 95 and 495, Old Town Alexandria 3.6 miles, Fort Belvolr 7 miles, National Harbor/MGM Grand Casino 4.8 miles, DCA 7.4 mi Washington DC 13.8 miles, Mount Vernon; G W's house 5.9 miles and Arlington 9.3 miles. Free parking! Our place Is good for business travelers, families, people wishing to explore the area. Enjoy home away from home. The entire home will be yours.

The space

The kitchen is equipped with dishwasher, coffee maker, double door refrigerator with Ice maker, microwave and toaster. The downstairs bathroom was just redone. There is a smaller stand up shower on the second floor. The living room has 2 leather couches sits 6 people and one single leather chair sits 7 people total. One couch has a pulls out bed.

Guest access

https://app.hostcompliance.com/property/2SkiKeY4oNk1okUq?geoid=05000US51059# 1/7


You will have access to the entire house. We will provide you with a code to get in so you don't have to worry about carrying keys around.

Other things to note

You will love this home! Sleeps 16 people! Walking distance to Metro! Walking distance to stores, restaurants, and grocery stores! Close to everything! Location! Location! Location!

Hide

Contact host

X

Amenities

Basic

Win Continuous access in the listing

Cable TV

Laptop-friendly workspace A table or desk with space for a laptop and a chair that's comfortable to work in

Iron

Dryer In the building, free or for a fee

TV

Washer In the building, free or for a fee

Essentials Towels, bed sheets, soap, and toilet paper

Heating Central heating or a heater in the listing

Alr conditioning

Hot water

Facilities

Free parking on premises

Dining

Kitchen Space where guests can cook their own meals

Coffee maker

Cooking basics Pots and pans, oil, salt and pepper

https://app.hostcompliance.com/property/2SAgKeY4oNkl okUg?geoid=05000US51059# 2/7


Dishes and silverware

Dishwasher

Microwave

Refrigerator

Oven

Stove

Guest access

Keypad Check yourself into the home with a door code

Logistics

Luggage dropoff allowed

For guests' convenience when they have early arrival or late departure

Long term stays allowed

Allow stay for 28 days or more

Bed and bath

Hangers

Hair dryer

Shampoo

Bed linens

Extra pillows and blankets

Outdoor

BBQ grill

Patio or balcony

Garden or backyard

Safety features

Fire extinguisher

Carbon monoxide alarm

Smoke alarm

First aid kit

Not included

https://app.hostcompliance.com/property/2SAgKeY4oNkl okUq?geoid=05000US51059# 3/7

Cleanliness

Check-In

Value

4111

5.0 Communication 5.0

4.9 Accuracy 4.9

4.9 Location 4.8

Geoffrey February 2020


Private-entreflee

Sleeping arrangements

In Of

Bedroom 1 1 queen bed,1 single bed

tIngl

Bedroom 2 3 sIngle beds,1 small double bed

n

Bedroom 3 2 queen beds

AvallablUty

This host offers a 5% monthly discount.

February 2020 March 2020 -->

So Mo lu We Th Fr Sa Su Mo To We Th Fr So

2 night rnirinwrn stay

Clear dates

Reviews

* 4.91 167 reviews Search reviews

Great place. The upstairs bathroom is a bit smaller than expected (esp. if you're relatively tall) and the place is quite cozy for large groups. It was comfortable and Nick was super responsive and accommodating as a host. We enjoyed our stay.

ir Cheffyiyn January 2020

Really nice , clean and cozy. Plenty of spacious bedrooms.

Robin January 2020

Thanks Nick. Perfect for our needs. Great communication.

Andrew January 2020

Great space! Location was FANTASTIC. Host was attentive and takes pride in making sure guests are having a good time.

0 Jeremy January 2020

Great place. Would stay again.

at Melody

https://app.hostcompliance.com/property/2SAqKeY4oNkl okUq?geoic1=05000US51059# 417

[4.1

WILTON WOODS

9/3/2020& Matched property listing

111, December 2019

We stayed at Nick's place one night while in town for a concert. It was very clean with nice furniture, especially the 2 large leather sofas. There were four bedrooms with at least two beds in every bedroom except for one. The house Is on a busy road but we were not disturbed by...Read more

40 Donna December 2019

Nick's place was perfect! it is as described and we loved it! We were in town for our daughter's surprise engagement, so this place was perfect for everyone to be under one roof with plenty of space and it was wonderful to have free parking! We used Uber and we took the traln!...Read more

2 3 24 0

Hosted by Nick Springfield, VA • Joined In August 2016

* 333 Reviews * Verified

Nick is a Superhost • Superhosts are experienced, highly rated hosts who are le committed to providing great stays for guests.

Nick Is in the painting and contracting business. Gissel stays home with their 4 children. Nick likes to eat and Gissel likes to cook. On our spare time we like to go boating, fishing and eating out. Our favorite places to visit are Clearwater Florida, Punta Cana Dominican...Read more

Interaction wtth guests Feel free to call us If there is anything we can do to make your stay more enjoyable.

Languages: Espanol

Response rate: 1009:

Response time: within an hour

Contact host

Always communicate through Alrbnb • To protect your payment, never transfer money or communicate outside of the Airbnb website or app. Learn more

The neighborhood

Nick's place is located in Alexandria, Virginia, United States.

We Ilved In this house and loved It because It is a safe neighborhood! In an urban setting and you can walk to the metro, retail stores, grocery stores, and restaurants. We also enjoyed It because we were close to everything! D.C. Old Town Alexandria, Arlington, Potomac river and enjoy the beautiful nature in Northern Virginia. It's also very close to 495.

Getting around

Walking distance to Metro!!!!

Hide •••

Show guidebook

https://app.hostcompliance.com/property/2SAgKeY4oNk1okUq?geoid=05000US51059# 5/7


Map elm t2G2t, Tann of Lt.<

Exact location Information Is provided after a booking Is confirmed.

Things to keep in mind Check-In: After 4:00 PM Checkout: 11:00 AM

Self checkin with keypad

House Rules

A No smoking ti No pets

• No parties or events

You must also acknowledge

e Must climb stairs - 2 bedrooms and 1 bathroom on the second floor.

Security deposit- if you damage the home, you may be charged up to $285

Additional rules

Before leaving please clean kitchen. If there are dirty dishes start dishwasher before check out. Discard trash in the dumpsters.

Hide rules

Cancellations

Free cancellation for 48 hours After that, cancel up to 5 days before check-in and get a full refund, minus the service fee.

Reservation 48 hours later 5 days before Check-in confirmed check-in

Full refund Full refund, minus 50°A refund, minus the service fee the first night and

service fee

Get full details

Hide policies

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More places to stay In Alexandria: Apartments • Bed and breakfasts Lofts Villas. Condominiums

New York Brooklyn Washington Queens Philadelphia Jersey City Union City Bronx Baltimore Long Island City Arlington East Hampton Pittsburgh Ithaca Charlottesville Staten Island West New York Woodstock

https://app.hostcompliance.com/property/2SAgKeY4oNk1 okUq?geoid=05000US51059# 7/7

FAIR HAVEN

Go gk

Identified Address

6105 North Kings Highway. Alexandria. VA 22303. USA

HomeAway • 121.4287852.4696947 Flipkey • 9019689 Airbnb -14358200

9/3/2020 Matched property listing ATTACHMENT 9 J Dashboard

Rental Una Record

6105 North Kings Highway, Alexandria, VA 22303, USA

Active • Identified

Compliant X

PRINT

CI SEND A LETTER

Listing(s) Information Rental Unit Information

Identified Unit Number

None

Identified Latitude, Longitude 0 Matched Details

Analyst OZ4P

Explanation The property was successfully identified after finding the home via google maps then validating the address with the pictures on the listing and the images from google street view, then getting all other information from the tax assessor site.

38.785422. -77.077408

Parcel Number

083309030018

Owner Name

PLOUTIS NICKOLAS A

Listing Photos

— — • •• • •—••••••----. •--

• HorneAway

Matching 3rd Party Sources

• r •

Owner Address

6105 NORTH KINGS HWY ALEXANDRIA, VA 22303, US

Timeline of Activity

View the series of events and documentation pertaining to this property

Same property.

is Owner Name Match

el 6 Documented Stays August, 2020


Listing URL

Listing Status

Host Compliance Listing ID

Listing Title

Property type

Room type

Listing Info Last Captured

Screenshot Last Captured

— https://www.vrbo.c0m/4287852ha

• Active

— hma121.4287852.4696947

- WEEKLY+ Discount at Renovated House in Alexandria Walk to Metro !

— House

— Entire home/apt

— Sep 02, 2020

— Aug 28, 2020

Information Provided on Listing

Contact Name

Latitude, Longitude

Minimum Stay (# of Nights)

Max Sleeping Capacity (# of People)

Max Number of People per Bedroom

Number of Reviews

Last Documented Stay

— Nick

— 38.785414. -77.077430

— 2

— 14

— 3.5

— 19

— 12/2019


Listing Details M 3 Documented Stays

July, 2020

MI 1 Documented Stay May, 2020

15 1 Documented Stay March, 2020

I 3 Documented Stays February, 2020

• 5 Documented Stays January, 2020

el 7 Documented Stays December, 2019

In 5 Documented Stays November, 2019

J 4 Documented Stays October, 2019

J 4 Documented Stays September, 2019


eI 4 Documented Stays July, 2019

IS 6 Documented Stays June, 2019

e 6 Documented Stays May. 2019

MI 6 Documented Stays April, 2019

M 5 Documented Stays March, 2019

e 5 Documented Stays February, 2019

I 5 Documented Stays January, 2019

• 5 Documented Stays December, 2018

15 2 Documented Stays

Listing Screenshot History a View Latest Listing Screenshot

July (le

August 0

September Co) November, 2018

MI 4 Documented Stays October, 2018

el 4 Documented Stays September, 2018

MI 4 Documented Stays August, 2018

▪ 7 Documented Stays July. 2018

• 7 Documented Stays June, 2018

Listing hma121.4287852.4696947 Identified June 21st. 2018

Listing f1i9019689 Identified

https://app.hostcompliance.com/property/2SAgKeY4oNk1okUq?geoid=05000US51059#hma121.4287852.4696947 2/4


June 21st, 2018

• Listing air14358200 Identified June 21st, 2018

M 6 Documented Stays May, 2018

Es 4 Documented Stays April, 2018

MI 3 Documented Stays March, 2018

a 2 Documented Stays February, 2018

ts 6 Documented Stays January, 2018

s 4 Documented Stays December, 2017

MI 3 Documented Stays November, 2017

is 4 Documented Stays October, 2017


MI 3 Documented Stays August, 2017

• Listing fli9019689 First Crawled August 8th, 2017

• Listing fl19019689 First Activity August 8th, 2017

ts 6 Documented Stays July, 2017

M 7 Documented Stays June, 2017

• Listing hma121.4287852.4696947 First Crawled June 23rd, 2017

• Listing hma121.4287852.4696947 First Activity June 23rd, 2017

ts 5 Documented Stays May, 2017

• 5 Documented Stays April, 2017

I 6 Documented Stays March, 2017

el 3 Documented Stays February, 2017

MI 3 Documented Stays January, 2017

el 2 Documented Stays December, 2016

▪ 4 Documented Stays November, 2016

is 2 Documented Stays October, 2016

https://app.hostcompliance.com/property/2SAgKeY4oNk1okUg?geoid=05000US51059#hma121.4287852.4696947 3/4


6) 4 Documented Stays September, 2016

4* Listing a1r14358200 First Crawled September 13th, 2016

• Listing a1r14358200 First Activity September 6th, 2016


HomeAway -121.4287852.4696947 Flokey - 9019689 Alrbnb -14358200

FAIR HAVEN

Go gle

Identified Address

6105 North Kings Highway, Alexandria, VA 22303. USA

Matching 3rd Party Sources 6105 NORTH KINGS HWY ALEXANDRIA, VA 22303, US

!WA Timeline of Activity

View the series of events and documentation pertaining to this property

9/3/2020 Matched property listing ATTACHMENT 10

@ Dashboard

Rental Unit Record

6105 North Kings Highway, Alexandria, VA 22303, USA

Active • Identified V

Compliant X

iD PRINT

(1:1 SEND A LETTER

Listing(s) Information Rental Unit Information

0 Matched Details

Analyst CIIE

Identified Unit Number

None

Identified Latitude, Longitude

38.785422. -77.077408

Parcel Number

083309030018 Explanation

I was able to match the view of the property using Google Streetview. The location fits the description ('bus stop close by and the house is walking distance to Huntington Metre). The contact's name matches the owner's name. The location and address were both verified on the tax assessor's website.

Owner Address

Listing Photos

Exact same house, landscaping.

/ Zip Code Match a Owner Name Match e 6 Documented Stays August, 2020

City Name Match


Owner Name

PLOUTIS NICKOLAS A

Listing Details

Listing URL

Listing Status

Host Compliance Listing ID

Listing Title

Property type

Room type

Listing Info Last Captured

Screenshot Last Captured

Price

Cleaning Fee

— https://www.airbnb.com/rooms/14358200

• Active

— 8ir14358200

— Just Renovated and Walking Distance to Metro!!!!

— House

— Entire home/apt

— Sep 03, 2020

— Sep 01. 2020

— $283/night

— $190

Information Provided on Listing

Contact Name

Latitude, Longitude

Minimum Stay (# of Nights)

Max Sleeping Capacity (# of People)

Max Number of People per Bedroom

Number of Reviews

Last Documented Stay

— Nick

— 38 786430. -77.078752

— 2

— 14

— 3.5

— 180

— 08/2020


Listing Screenshot History @I View Latest Listing Screenshot

J 3 Documented Stays July, 2020

a 1 Documented Stay May, 2020

I 1 Documented Stay March, 2020

I 3 Documented Stays February, 2020

e 5 Documented Stays January, 2020

111 7 Documented Stays December, 2019

5 5 Documented Stays November, 2019

a 4 Documented Stays October, 2019

a 4 Documented Stays September, 2019

a 4 Documented Stays August, 2019

e 4 Documented Stays July, 2019

a 6 Documented Stays June, 2019

e) 6 Documented Stays May, 2019

5 6 Documented Stays April, 2019

el 5 Documented Stays March, 2019

a 5 Documented Stays February, 2019

a 5 Documented Stays January, 2019

5 5 Documented Stays December, 2018

5 2 Documented Stays November, 2018

el 4 Documented Stays October, 2018

L l 4 Documented Stays September, 2018

July

August 0

September 4 Documented Stays August, 2018

5 7 Documented Stays July, 2018

a 7 Documented Stays June, 2018

• Listing hma121.4287852.4696947 Identified June 21st, 2018

• Listing fli9019689 Identified

https://app.hostcompliance.com/property/2SAqKeY4oNk1okUg?geoid=05000US51059#air14358200 2/4


June 21st, 2018

./ Listing air14358200 Identified June 21st, 2018

e 6 Documented Stays May, 2018

e 4 Documented Stays April, 2018

el 3 Documented Stays March, 2018


15 6 Documented Stays January, 2018

a 4 Documented Stays December, 2017

ES 3 Documented Stays November, 2017

e 4 Documented Stays October, 2017

e 4 Documented Stays September, 2017


• Listing fli9019689 First Crawled August 8th, 2017

• Listing 0i9019689 First Activity August 8th, 2017

1E1 6 Documented Stays July, 2017

es 7 Documented Stays June, 2017

• Listing hma121.4287852.4696947 First Crawled June 23rd, 2017

• Listing hma121.4287852.4696947 First Activity June 23rd, 2017

e 5 Documented Stays May, 2017

13 5 Documented Stays April, 2017

e 6 Documented Stays March, 2017


• 3 Documented Stays January, 2017

J 2 Documented Stays December, 2016

e 4 Documented Stays November, 2016

el 2 Documented Stays October, 2016




Listing a1r14358200 First Crawled September 131h, 2016

• Listing air14358200 First Activity September 6th, 2016

https://app.hostcompliance.com/property/2SAciKeY4oNkl okUq?geoid=05000US51059#air14358200 4/4

fairfax board of zoning appeals county september 30, … · property was listed on the vrbo.com...

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