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Notices to revoke permits sent to short-term rental owners

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NASHVILLE, Tenn. (WTVF) — After announcing that it will revoke more than 100 short-term rental permits in Nashville earlier this month, the Metro Codes Department finally sent out notices this week.

Owners of 143 short-rental properties throughout Davidson County should receive them on Thursday or Friday, an expected move that had several people seeking legal advice.

In the letter, it said the individual permit was, "issued in error and is therefore revoked effective February 15, 2019."

A law last January said no short-term rental permit can be issued to a duplex or so-called tall and skinny homes sharing a property, unless both homes are owned by the same person, and that person lives in one of the units.

The city admitted that it mistakenly issued the permits with the wrong interpretation of the law.

Jamie Hollin is an attorney now representing 11 clients who are worried about their future and investment.

"People had expectations and relied on it and followed laws and the rug gets pulled from underneath them," Hollin told NewsChannel 5. "Those bookings, you have to cancel them and you have to seize your operations after February 15. A lot of people bought their homes with expectations they can do this."

If an owner is found to be operating after February 15, that person may be subject to further enforcement actions and fines. Any fines would need to be issued through the environmental court which can hand down $50 per violation, per day.

Whoever receives the letter can file an appeal to the Board of Zoning Appeals which typically takes six to eight weeks from the data of filing until the hearing.

However, Hollin, who finds the decision unconstitutional, fears the board will largely deny appeals. To him that means wasted money that could have been made.

Hollin is working to have an emergency hearing in chancery court for a temporary injunction.

"If you cancel one listing you lose super status, you cancel three you get kicked off their platform," Hollin describing the possible outcome as an AirBnb owner.

There are 4,861 permits in Davidson County.