Renters go out on a limb with Airbn-treehouse

It’s not the house you can rent but the treehouse in their backyard. However, it may be not be entirely legal, the city says

Thestar.com
May 5, 2017
By Jennifer Pagliaro

As the city grapples with an affordable housing crisis and the impact of short-term rentals like those offered on Airbnb, there remains uncertainty for those who want to actually share their homes with travellers.

Others, in the absence of regulations, are finding more creative ways of earning a little profit on their property.

“Looking for a quick getaway this summer but can’t afford a Muskoka cottage rental? Coming to Toronto and looking to stay somewhere unique? We invite you to stay in our charming treehouse bunkie in our gorgeous backyard in the Beaches,” read the Airbnb listing that has since been removed. But vacationers are still welcome to the treehouse, which is still listed on Airbnb competitor VRBO.

Pictures of, as one satisfied guest described it, the “small cabin on the second floor of a tree,” shows the 8-by-9-foot space propped up on stilts in a leafy backyard. A ladder through a small hatch leads to a periwinkle blue door that opens onto an unfinished interior, double bed, mini fridge, a fan, no obvious heating source, WiFi, and not much else. The listing also features an outhouse and an outdoor wooden shower stall (“It’s a small water heater so showers are warm, but brief!”). There is no sink.

“Guests must be aware that the treehouse was originally designed for children and so cannot accommodate very large body types. Also, you’ll be going up and down a ladder - proceed at your own risk,” the original listing warned.

Cost: $70 per night.

Though the rental received rave reviews from the 32 people who stayed there, the city says the treehouse appears to be breaking the city’s property standards by-law.

Mark Sraga, director of investigations with the city’s licensing division, reviewed photos from the listing sent by the Star.

“Based upon this information I would have to say the use of this structure for a residential use - whether for short-term rental or not would not comply with the city’s bylaws,” Sraga wrote in an email.

“For instance, under the city’s property standards bylaw this structure would not comply with the minimum occupancy standards along with other applicable standards such as stairs, guards, and washrooms,” he said. He also noted the structure would require proper permits from Toronto Building.

Mario Angelucci, the city’s deputy chief building official, said the city “will be inspecting the location to determine if the buildings meet all of the city's regulations and have the required permits.”

“Minimum occupancy standards” includes what the city defines as a “habitable” room. Those standards say a room shared by two people for sleeping should be a minimum of four square metres for each person.

The hosts, Joe Darragh and his partner Marta, told the Star that the listing was removed when they contacted Airbnb after a Star reporter requested an interview.

The couple say they are currently investigating how to comply with city rules retroactively to have the treehouse relisted on Airbnb.

“To be honest with you, I’m not sure if we’re breaking any by-laws,” Darragh said, adding it seems to be a “gray area” when it comes to the size and use of the treehouse or whether any permits are required.

“However, having said that, it seems like one should.”

Airbnb spokesperson Lindsey Scully said the listing, which was posted last summer, was immediately removed when it was brought to their attention “as it did not comply with our standards and expectations.”

“When hosts sign-up on Airbnb, they must certify that they will comply with local rules before they list their space. We also have a hosting responsibilities page that reminds people to check their local laws and regulations and includes additional information and resources,” she wrote in an email.

Darragh originally built the treehouse in the Edgewood Ave. backyard near Queen St. East and Woodbine Ave., for his kids.

“It basically took the whole summer of 2015. The kids used it literally a handful of times that summer,” he said laughing. “I was kind of bitter about that.”

When his mother said the treehouse looked nice enough to rent out, they got the idea to list it online.

They’ve now consulted an architectural technologist who is speaking with city officials, Darragh said.

He confirmed the outhouse is a true outhouse that is pumped out annually by a septic company. He said he does not know if there are city rules about outhouses in backyards. He described the shower as like “hooking up a garden hose,” but that they are now looking into whether it’s an issue.

Before it was removed, Airbnb users wrote glowingly of the treehouse. The same guest who described it as a “cabin” had a special experience.

“I proposed here! It was magical,” wrote the user, Gregory.

Others noted the space, which is not insulated, was too hot or too cold at times. “Chillier inside than I expected!” wrote Amber in October.

The hosts say they were booking the rental a minimum 15 days out of the month last summer.

“I don’t think we had one unsatisfied client,” said Marta, who declined to give her last name, noting many were couples in their 20s on a budget. “It’s so novel for them. It’s very Instagram friendly.”

The treehouse is not the only non-traditional vacation rental available on sites like Airbnb.

At least 11 boat rentals were available in and around the Toronto harbour as of May, ranging from $125 to $1,052 per night. Available postings from around the world include a “1920s sheep wagon” in Wyoming ($176 per night), an “Afghani yurt” in Germany ($61), and a “safari tree house” in South Africa ($148).

A report on regulations for short-term rentals is expected at the city’s executive committee in June.