Couple hit with felony charges
Denver measure passed in 2016 says owner or leaser must use property as their full- time residence
A Denver couple have been charged with running an illegal short- term rental business through Airbnb, a move industry watchers said is a warning to others who might be breaking the rules.
The felony charges stem from what has become a recurring complaint from residents across the city, and the new criminal case escalates the city’s attempts to rein in short- term rental hosts.
Alexander Neir, 45, and Stacy Neir, 43, live in Stapleton but were renting out a home in the Berkeley neighborhood and another north of Broncos Stadium at Mile High, near Jefferson Park. The two allegedly falsified documents to claim those rental homes as their primary residences, according to their arrest affidavits.
Under a city rule created in 2016, an owner or leaser of a short- term rental is required to use the place as their full- time residence.
The Neirs signed affidavits of primary residence stating they lived full time at properties on Tennyson Street and Eliot Street. But investigators found evidence the couple actually lived in Stapleton, where Stacy Neir serves as a block captain in the neighborhood, the affidavit said.
The Tennyson Street home has been used as a short- term rental since 2016, while Eliot Street has been rented out since 2013, the DA’s office said.
Alexander Neir is listed as a managing broker at Kentwood Real Estate. Stacy Neir is listed as
a broker associate at the same company.
The Neirs each have been charged with one count of attempting to influence a public servant.
But the couple’s attorney said the city is going too far with the criminal charges.
“This is a misguided and wrong- headed prosecution,” said Daniel Recht, the couple’s attorney. “We are confident that the Neirs will receive a favorable outcome once all facts come to light in a court of law.”
Carolyn Tyler, spokeswoman for the Denver District Attorney’s Office, could not confirm whether the case is the first time the city ordinance has resulted in felony charges. Denver routinely prosecutes attempt to influence a public servant cases, she said, but rarely for short- term rental violations.
James Carlson, a Denver real estate agent who teaches courses on how to be a successful Airbnb host, said the felony charges “certainly seem like an escalation,” but the city has been moving in this direction.
“This has been a long time coming,” Carlson said. “A lot of people have flouted this law for a while. They’ve been waiting to start cracking down.”
The city has been pushing people to get in compliance, Carlson said.
“I guess this is a shot across the bow to let everyone else know,” he said.
Homeowners flaunting Denver’s short- term rental residency requirements are the most comskyrockets. mon complaints from residents received by the city’s Department of Excise and Licenses, said Eric Escudero, the spokesman.
“The challenge is that some people aren’t renting them responsibly,” Escudero said. “It’s something we’re taking very seriously.”
Since January 2018, Denver has received 368 non- resident complaints — roughly three per week, according to numbers provided by the licenses department.
As complaints roll in, the number of short- term rentals Denver on Tuesday hit an alltime record for active short- term rental licenses with 2,691, according to city numbers.
That’s a 60 percent increase in short- term rental licenses in just two years.
Despite the complaints, the majority of people offering shortterm rentals are complying with city code, Escudero said. The compliance rate for those who advertise online and disclose their license number as required is 74 percent — a record high. The compliance rate in June 2018 was 52 percent.
“We’ve had a lot of progress,” Escudero said.
After more than two years of debate, Denver City Council in June 2016 passed the measure to allow short- term rentals in private residences, including a provision meant to restrict owners with second homes from using them only as short- term rentals.
In February 2017, Denver licensing officials started going after short- term rental hosts, sending more than 1,000 violation notices around the city. Most of those warned of a failure to include a license number in the home’s online listing.
And four months ago, Denver yanked the short- term rental license of a wealthy man after neighbors complained about rowdy parties at the $ 5 million mansion.
The city claimed that Garth Yettick didn’t actually live at the manor, as required by law. It was the first time the city had revoked a license.