Village of Sister Bay tries to tell vacationers where to sleep on vacation 

The News: The Wisconsin Institute for Law and Liberty (WILL) has warned the Village of Sister Bay that its limit on the number of bedrooms vacationers can use in a rental home and rules on where they can sleep are arbitrary, irrational, and unlawful.

The Quotes: WILL Deputy Counsel, Luke Berg, stated, “The Village of Sister Bay is telling Wisconsinites where they can and cannot sleep in a private residence. We believe these limits are unlawful and will file a lawsuit if necessary to protect the rights of vacationers and private property owners who rent to them.”

Additional Background: Wisconsin law gives homeowners the right to rent their home on a short-term basis. Wis. Stat. § 66.1014. Property owners also have a right under Wisconsin law to continue a non-conforming use after a change to local zoning laws, preventing municipalities from retroactively applying zoning changes to existing properties.

Despite these laws, Sister Bay has repeatedly taken the position that properties lose any vested non-conforming features of their property, merely by applying for a short-term-rental license.

In its latest effort, Sister Bay amended its zoning ordinances to limit short-term rentals to four bedrooms. Even though existing properties should be grandfathered, the Village has thus far refused to honor any exceptions. The Village has also told short-term rental owners that guests cannot use pullout couches, futons, or other sleeping arrangements outside of the four approved bedrooms during their stay.  And the Village has even suggested that properties with more than four bedrooms should lock or restrict access to the extra bedrooms.

WILL and our clients do not seek to exceed the Village’s 12-person capacity limit but seek to allow existing rental properties to utilize the entirety of their space as they see fit. The attempt to limit how private properties can use their rooms and sleeping arrangements is both arbitrary and unreasonable.

We ask the Village for a written determination, by August 28, that it will not enforce its four-bedroom limit, or its restrictions on where guests sleep, against our clients. WILL is prepared to take further legal action if necessary to protect our clients’ rights.

Read More: 

• Demand Letter, August 14, 2024