Highland Avenue mansion denied permission to operate as Airbnb

FALL RIVER — The owners of the grand stone mansion at 503 Highland Ave. cannot rent their home on Airbnb any longer, after the Zoning Board of Appeals unanimously denied them a variance to operate. 

The meeting drew a packed house at Government Center’s first floor hearing room on Thursday, with several residents of the Highlands neighborhood speaking out in opposition to the Airbnb variance, and a few in favor. 

Austin Feng and Rui Tang, whose primary residence is in Wellesley, delivered a presentation of more than 20 minutes that outlined their Airbnb operation at the castle-like home — and provided receipts for his expenses in maintaining the mansion, which Feng estimated came to $51,000 a year. 

Feng and Tang have owned the 7,800-square-foot, seven-bedroom house since June 2021, buying it for $1 million. He said to defray his expenses, he rented it out on Airbnb and charged guests $800 to $1,200 per night — in violation of city building codes and zoning laws. He noted his property has many five-star reviews from visitors, and is choosy about approving guests. 

“Fall River is not evolved in welcoming Airbnb,” Feng said. “We do have a slogan: ‘Make it Here.’ Can we make it here?” 

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‘A bad financial decision’

ZBA Chairman Joe Pereira and board member Rick Sahady both noted that granting the use variance was not within the board’s power. Under Mass. General Law Chapter 40A, Pereira said, the board can only grant such variances if there’s a hardship related to the soil, shape of the property, topographic conditions or the like.

Feng told the board his hardship was financial, which is “not within the purview of this board,” Sahady said.  

When told that Feng had been renting the home on Airbnb for a year before being ordered by the city building inspector to seek a variance, Sahady added: “Did it not dawn on you that you needed to have done this before you operated?” 

Pereira said Airbnb is a brand name, and listing it online alone does not mean a home is now legally a bed and breakfast.  

“We’re toughly placed to figure out what you are,” Pereira said. “Is it a boarding house? It is a B&B? No. Is it a hotel/motel? It’s kind of running close to that right now, with the way it’s been. None of those are allowed in a single-family district.” 

City Engineer Dan Aguiar noted that the board must make decisions that bind not only the current owner of the property but future owners. “Although he may run a supreme operation … the decisions that are made by this board are lasting, and they run with this piece of land, not with you as the owner,” Aguiar said. He added that if the board allowed the property to be used as an Airbnb, future owners could do so also, but might not be as conscientious as Feng. 

“Theoretically, you made a bad financial decision that you’re now trying to find a way out of,” Aguiar said. 

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Highlands neighbors speak out

Patricia Dufour, whose property on Hanover Street abuts Feng’s, spoke in support of granting the Airbnb variance, as well as the home’s housekeeper. But several more citizens and neighbors registered complaints that granting the variance would open up the neighborhood to risk that other properties could follow, altering the makeup of the neighborhood. 

“The issue is not about how much it costs to maintain that house. It cost that much proportionally since it was built,” said Victor Palumbo, who lives nearby on Hanover Street. “It’s an expensive house.” 

Feng had previously suggested that if he could not operate the house as an Airbnb, he might have to put it back on the market. After the meeting, an emotional Feng was unspecific about its future. “The city is not looking at the big picture. What I’m doing is most beneficial to everybody. They don’t see it that way,” he said.  

“Whoever owns this house is going to face the same kind of burden.” 

Dan Medeiros can be reached at dmedeiros@heraldnews.com. Support local journalism by purchasing a digital or print subscription to The Herald News today.