BusinessDen & Denver Post Report On Rental Lawsuit

Robinson & Henry is representing Ken Chan, a modern nomad, who is fighting back in a legal battle against the City of Denver. BusinessDen featured our client’s lawsuit in the article 'Nomadic' short-term rental host sues Denver, cheered on by others. The story is also published in The Denver Post.

Chan rented out his Cole neighborhood home while he traveled in 2021 and 2022. However, in August of this year, the Department of Excise and Licenses declined to renew his short-term rental license in August, citing a violation of city rules. 

Denver regulations state homeowners are only allowed to rent out their primary residence, which the Excise and Licenses Department argued Chan’s house was not. BusinessDen reported that the department’s leader said it has consistently denied short-term rental licenses to individuals leading nomadic lifestyles.

Chan decided to take legal action, and he reached out to Robinson & Henry for help. R&H Attorney Sandra Silva filed the lawsuit in Denver District Court against the Department of Excise and Licenses. Silva argues the city’s ambiguous language regarding primary residences unfairly cost him his short-term rental license and the income it provided. The lawsuit emphasizes that individuals should have the right to lead nomadic lifestyles, which cannot be restricted by an administrative agency.

“We are hoping that a judge will take a good, hard look at this ordinance and tell the City of Denver to make it much more fair for residents,” said Silva.

Silva expressed hope that the lawsuit would lead to changes in Denver’s ordinance. 

“If we can effectuate some change and make the process more fair, well that will be a big victory for not only Mr. Chan but short-term rental license holders,” she said.

This lawsuit comes as Denver’s new mayor, Mike Johnston, is considering who leads Excise and Licenses, as many short-term rental hosts have criticized the department.

Several other short-term rental hosts commend Chan for his determination to challenge the city’s stance in court. The lawsuit brings to light the challenges faced by people who rely on short-term rentals to support their livelihoods while leading unconventional lifestyles.