San Diego Union-Tribune

CITY SETTLES WITH OWNERS OF CITED VACATION RENTALS

La Jolla, Bankers Hill homes accused of being sites for loud parties

- BY LORI WEISBERG

The owners of two vacation rental homes that were accused of operating large, raucous parties amid the pandemic have reached settlement­s with the city of San Diego, which took steps last year to shut down the Airbnb rentals.

While the final legal judgments worked out by the San Diego City Attorney’s Office for the two properties in La Jolla and Bankers Hill differ in scope, both stipulate that the homeowners are barred from “maintainin­g, causing or permitting” a public nuisance or allowing large gatherings in violation of public health orders related to COVID-19. They also are required to each pay fines of more than $30,000 and to address multiple building code violations on their properties.

At the time City Attorney Mara Elliott filed the original civil actions last year, her office was seeking penalties of at least $1 million each.

“Irresponsi­ble landlords who

put profit before the public’s health, especially during a pandemic, must be held accountabl­e,” Elliott said in a statement. “Strong laws with clear conse

quences are the best deterrent, which is why I look forward to the city’s first short-term rental regulation­s taking effect next year.”

The settlement­s, signed off on this week by a Superior Court judge, culminate months of talks following civil suits filed last year by Elliott against the owners and managers of two rentals — a fivebedroo­m Bankers Hill home and a six-bedroom ocean-view mansion in La Jolla. In both court stipulatio­ns, the owners of the vacation rentals, which were taken off Airbnb’s platform last year, do not admit to any of the allegation­s in the original civil complaints.

While the Bankers Hill homeowner, restaurate­ur David Curiel, is permitted to resume renting his house out for short-term stays, that is not the case with the La Jolla home, which is barred from hosting any overnight stays of less than 30 days.

The City Attorney’s Office demanded that condition because it was especially concerned about police reports of parties at the La Jolla Farms home on Black Gold Road that sometimes drew more than 100 people late into the night and early morning and on occasion involved instances of underage drinking and violence. The result was numerous noise complaints from neighbors that consumed

considerab­le time on the part of the police department over several years, said city attorney spokeswoma­n Hilary Nemchik. Many of the complaints came in at a time when public health orders barred large gatherings due to COVID-19.

“In order to ensure the dangerous conduct stopped immediatel­y, we settled with the owners who agreed to stipulatio­ns, including only renting the property for periods longer than 30 days,” Nemchik said of the La Jolla home.

The condition may soon be moot, as the owners of the home, Mousa Hussain Mushkor and Zahra Ali Kasim, have put the oneacre La Jolla Farms property up for sale, listing it for $9,999,999. Amber Anderson, one of the listing agents with Pacific Sotheby’s Internatio­nal Realty, said the various building code violations that had been cited in the agreement have already been addressed, as required by the city.

In the original complaint filed by Elliott’s office, the La Jolla home’s owners were named, along with their property manager, Nital Meshkoor, and Steven S. Barbarich, who was leasing the home and listing it on Airbnb as a shortterm rental.

“My clients were not kept abreast of these police calls,” said attorney William Pettersen, who represente­d the owners. “They’re not the evildoers. If they could have thrown Mr. Barbarich out on his ear, they would have but he took

advantage of COVID protection­s (for renters). It was a commercial rental for him.

“My clients are in their 90s and in very poor health. They don’t want to suffer any more difficulti­es like this so they are putting it up for sale.”

Attorney Joseph Miskabi, who is representi­ng Barbarich, said his client has yet to settle with the City Attorney’s Office. He said there have been some discussion­s and it’s possible a settlement could still be reached.

Curiel’s attorney, David Horwitz, insists that the allegation­s of loud parties were exaggerati­ons by irritated neighbors.

“This was just a case of sensitive neighbors calling the cops on residents of the house for having loud parties even when we had proof that one of the loud parties was a 55-year old woman, her sister and a 30-year-old daughter sitting by the pool listening to Joni Mitchell,” Horwitz said.

Curiel ultimately decided against renting out the home in the future for short-term stays because he didn’t want to risk additional civil penalties should neighbors complain again about the house. Under the stipulatio­n with the city, Curiel was assessed $200,000 in civil penalties, but $170,000 of that was immediatel­y suspended. They would be imposed, however, if Curiel were to violate the terms of the settlement agreement.

“He’s not willing to risk that penalty by relying on some neighbor’s interpreta­tion of whether music was too loud,” Horwitz said.

Airbnb, which no longer has the two rental properties on its platform, said in a statement, “We support local officials in their efforts to address this issue and have strict rules in place which prohibit parties, as well as ‘party houses’ that cause repeated nuisance.”

Elliott’s office points out that the actions taken against the two short-term rentals are part of an effort to prosecute nuisance properties that endanger public health and safety, including substandar­d independen­t living facilities, hoarding properties, and abandoned or vacant properties that attract criminal activity.

“In the absence of regulation­s for short-term rentals, we used available remedies under the current law to stop nuisance activities and protect public health in our neighborho­ods,” Nemchik said.

Just a week ago, Mayor Todd Gloria signed into law new regulation­s governing the operation of vacation rentals, although they will not go into effect until July of next year. The new ordinance not only caps how many whole-home rentals can operate in the city but it puts in place a system for licensing them and enforcing public nuisance laws.

 ?? RICK AVENA ?? This La Jolla Farms mansion, now listed for sale, had been rented out on Airbnb and was the target of complaints.
RICK AVENA This La Jolla Farms mansion, now listed for sale, had been rented out on Airbnb and was the target of complaints.

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