This story has been updated to remove the attorney’s name because the case was dismissed by the prosecutor.
A Denver attorney is accused of falsifying a document related to a short-term rental license application and is charged with felony attempting to influence a public servant.
It’s the second time in the past month, the Denver District Attorney’s Office has filed criminal charges against someone accused of violating the city’s short-term rental ordinance, which governs how people rent property through websites such as Airbnb.
The attorney submitted an application for a short-term rental license on March 27, 2019, for a home on Raleigh Street, according to an arrest affidavit. The Denver Municipal Code requires a person applying for the license to live at the location of the proposed rental as their primary residence.
A discrepancy in the address on the license and application led to an investigation by the city’s Excise and Licenses office.
Investigators discovered the suspect purchased the Raleigh Street property in 2014 but bought another home in October 2018, according to the arrest affidavit.
An Excise and Licenses inspector went to the new address on June 5 and found the suspect gardening there, according to the affidavit.
When the inspector went to the Raleigh Street address, he saw the suspect there as well, the affidavit stated.
He was arrested on suspicion of attempt to influence a public servant June 28 and formally charged Friday by the district.
In June, a Denver couple was charged with illegally running a short-term rental through Airbnb, which some said served as a warning to others who might be out of compliance.
Although the city issues citations for non-compliance, the primary residence affidavit form states that making a false statement is punishable by law.
Denver’s Department of Excise and Licenses receives about three complaints a week about vacation rentals that are not in compliance with city regulations.
Denver first required licenses to operate vacation rentals in 2017 and expanded the rules in April.
Denver has 2,673 active short-term vacation rentals, close to the 2,707 all-time high last month, according to data from the Department of Excise and Licenses. A company scans vacation rental websites for the city, and the compliance rate is at 76.2 percent as of Monday, Eric Escudero, a license department spokesman, said.
“Denver is not anti-short-term rentals,” Escudero said. “We just have strict rules for people to follow.”
That comes as a result of complaints and a desire to ensure public safety in neighborhoods, he added. The short-term rental business is growing rapidly so city officials want those interested in running them to be aware of the regulations.
One of those regulations is that people who operate the rentals have to primarily live at that residence because that often leads to operating them more responsibly and fewer complaints from neighbors, Escudero said.
A short-term rental advisory committee also meets quarterly to discuss issues and regulations with the community and operators.
