For the second time, the Resort Municipality of Whistler (RMOW) has filed a notice of civil claim against a homeowner over short-term rentals in a residential neighbourhood.
The claim, filed in the Supreme Court of British Columbia on Nov. 4, alleged Rachel Leor Greenfeld (who legally changed her name to Karmel Leor Greenfeld on Nov. 26, 2019) uses a variety of websites to market and rent a residential property to tourists and other guests “for non-residential stays, including temporary stays of less than four weeks, in exchange for payment.”
The property, located at 7291 Spruce Grove Lane, is zoned RS6, which does not include the commercial rental of a detached dwelling or auxiliary residential dwelling unit as a permitted use.
Further, Greenfeld does not have a business licence to market or otherwise accept payment for renting the property, the claim said, and the RMOW has received complaints about how the property is being used.
“The RMOW has demanded that the Defendant cease using the Property for the Non-Residential Use and marketing or accepting payment for the Non-Residential Use of the property,” the claim stated.
“The Defendant has not complied with the RMOW’s demands.”
The RMOW is seeking relief in the form of: declarations that Greenfeld has contravened local bylaws; an order requiring her to cease “non-residential” use and marketing of the property; and costs.
Reached by phone, Greenfeld said she would “100 per cent” be challenging the claim, saying the property is her primary residence, and that the visitors in question are actually friends and family, reported by a vengeful neighbour as short-term renters.
“I have lived in 12 countries. I have friends visit from all over the world,” Greenfeld said.
“I’d love to see their proof … let me put it that way. Give me the license plates, tell me the names of the people, when they stayed. They’re probably my friends and family.”
The RMOW has fined her several times already, she added.
“I’d say the municipality is on a witch hunt,” she said.
“They’re looking for money, they’re not substantiating their claim, they’re saying whatever they need to say to collect money from people who have done nothing wrong.”
With the matter before the courts, the RMOW declined to comment.
It’s the second homeowner the RMOW has taken to court over nightly rentals, after action against Sylvia Koltzenburg in 2017 (the parties eventually settled out of court).
“We currently have 11 files we are investigating and we have received nine complaints this year,” a spokesperson said in an email, when asked for a general update on illegal nightly rental enforcement.
“The call volume is lower than previous years and the RMOW’s enforcement strategy has remained the same during the COVID-19 pandemic.”
