Hinsdale Airbnb Ban In Force, Without Board OK: Official

HINSDALE, IL – The Hinsdale Village Board has yet to enact any ban on Airbnbs and other short-term rentals.

But an unelected village official signaled recently that a prohibition is already in place.

Through a public records request, Patch obtained recent village emails on the topic.

On May 8, Hinsdale resident Ashley Hill asked the village's planner, Bethany Salmon, whether Airbnbs for 30 days or more were allowed.

Salmon responded any short-term rentals of less than 30 days are prohibited before the board votes on a proposed three-month ban. No date has been set for a vote.

In her email, Salmon cited no legal authority for a ban without a board vote.

On Thursday and Friday, Patch left messages with Salmon, Community Development Director Rob McGinnis, Village Manager Kathleen Gargano, Village President Tom Cauley and the village's attorney, Michael Marrs. They went unreturned.

Earlier this month, the village's Plan Commission took a final vote on a proposed prohibition of short-term rentals that are less than three months. It was a compromise, as some members preferred Cauley's proposal of six months.

In 2023, Darien banned short-term rentals that were less than 30 days. But there were no reports that the city tried to enforce a ban before the code changed.

State law defines short-term rentals as being less than 31 days, but it includes no ban.

Last summer, Hinsdale cited Ashley Hill and her sister, Brittany Hill, for having a short-term rental in a residential neighborhood.

The citation said the homeowner was running an Airbnb, which the village claimed was an illegal occupation. It cited a specific code number.

According to the village code, a "home occupation" is a business, profession, occupation or trade that supports the full-time occupant of a house or is incidental to the use of a residence.

The code says nothing about renting a home, let alone short-term rentals, being illegal. Home rentals are a customary residential use across the country.

In September, a DuPage County judge said the village's ordinance did not apply to rentals that lasted more than 30 days. The judge advised the village to draft specific language regulating short-term rentals.

This advice from the judge is what prompted the village to begin the process of changing its code.

In a statement Friday, Ashley Hill said she is awaiting a village decision.

"We have tried to be very patient and transparent through this entire process," she said. "To our knowledge, there are not any rentals in the village that are less than 30 days, which appears to be the threshold of what most towns consider long- and short-term. We have not rented our home since November 1."

Before the Plan Commission's meeting earlier this month, Salmon emailed the Hills to say the short-term retail issue would be on the commission's agenda.

She called it a procedural step, given that the board had initially approved a three-month ban in March.

"The Patch incorrectly made it sound like there is going to be a discussion on the matter," Salmon said. "However, this is incorrect."

The Patch story did not refer to any discussion or debate. It quoted Salmon as saying it would be a procedural step. At any rate, the commission can choose to discuss any matter on its agenda.

Salmon also said there would be no public comments. Under state law, every public body must allow people to speak at meetings, within certain parameters.

Salmon may have been referring to a formal public hearing. That was held before the commission's first vote.