The property was advertised as a six- bedroom house that sleeps seventeen people.

Specifically, it permitted reservations that were a minimum of two nights and a maximum of one week. It was advertised online through internet-based rental companies, like Home Away and Air BnB, and sought only short-term rentals. The property was used exclusively for short-term rentals. The underlying facts of the case involved an investor from New York, who purchased a house in the Poconos, through his company Slice of Life, as an investment property. The Court stated that prohibited uses of real property do not have to be expressly excluded on a zoning ordinance. Hamilton Township Zoning Hearing Board, et al. In its opinion, the Court concluded that even though the applicable zoning ordinance did not specifically prohibit the short-term rental of residential homes, such use was nonetheless prohibited.

In a recent decision, the PA Supreme Court reversed the Commonwealth Court and ruled in favor of Hamilton Township and its Zoning Board. This ruling is expected to dramatically affect the popular online rentals of single-family homes in Pennsylvania through companies such as Air BnB and Home Away. The Pennsylvania Supreme Court unanimously decided that short-term rentals in areas zoned for “single housekeeping unit” is inconsistent with Pennsylvania legal precedent and governmental policy.

Air b and b poconos