Hart of the Issue | The Dunmorean

By: John M. Hart III, Esq.

Summer? Nope, not for me. A man of my stature doesn’t fare well in the sweltering hot months of Northeastern Pennsylvania. Before you start comparing our temperatures to southern states, remember the old adage: it’s not the heat, it’s the humidity.

Our abundant trees equate to humidity, at least in my novice opinion. So, how do I beat the heat? I stay indoors, find pools, or travel to areas with substantial bodies of water!

Of course, I cannot speak for everyone. Some people enjoy this weather. During the dog days of summer, many Pennsylvanians and visitors turn their attention to the beautiful vacation homes scattered across our picturesque state, particularly in Lackawanna County. Whether you’re a property owner considering short-term rentals or a vacationer in search of the perfect summer hideaway, understanding the legal implications involved is crucial.

If you’re an owner thinking about renting your property, consider the following:

1. Zoning and Local Regulations: Always check with your local government to ensure short-term rentals are permitted in your area. In Lackawanna County, zoning laws differ among cities and towns. For instance, Scranton permits short-term rentals in residential zones, but only under certain conditions and with appropriate variances. You can obtain relevant information from a local attorney or the city’s planning and zoning office.

2. Rental Agreement: Ensure you have a comprehensive rental agreement in place. This agreement should encompass payment terms, duration of stay, maximum occupancy, house rules, and policies regarding cancellations and damages. A well-drafted contract can safeguard your interests and establish clear expectations for your guests.

3. Insurance Coverage: Standard homeowner’s insurance may not cover short-term rental activities. It’s worth considering proper insurance coverage to account for potential liabilities from renting your property.

4. Taxes: Pennsylvania state law mandates you to collect state sales tax, county hotel tax, and in some areas, local taxes from your guests. Failure to comply can result in fines and penalties.

On the other hand, if you’re planning a vacation in a rental property, you should:

1. Review the Rental Agreement Thoroughly: This agreement governs your rights and responsibilities during your stay. Pay close attention to payment terms, cancellations, check-in and check-out times, and procedures for reporting issues or damages.

2. Protect Your Deposits: Some owners may ask for a damage deposit. To ensure you can reclaim this, document the property’s condition upon your arrival and departure. Photos can help resolve any disputes.

3. Understand Local Regulations: Familiarize yourself with local rules, including noise ordinances and trash collection policies. Compliance with these rules can enhance your stay and help you avoid potential fines.

4. Assess Liability and Insurance: Verify if the rental property insurance covers guest accidents. If not, consider purchasing travel insurance to protect yourself from unforeseen incidents. You might also consider using apps like Airbnb or VRBO to find a place to stay or rent out your property. However, this option presents additional considerations. Hosts need to understand the platform’s fee structure, how its insurance and liability coverage protects them, and its limitations. You also need to set clear house rules that comply with local regulations and respect your neighbors. Additionally, establishing a guest-screening process can prevent potential problems.

As a guest, it’s essential to read listings carefully to understand what’s included in the rental. Pay attention to the property description, amenities, house rules, cancellation policy, and check-in and check-out times. Also, review feedback from previous guests about their experiences and the hosts. Be mindful of additional fees which may pile up as these platforms grow. Don’t hesitate to communicate with your host; I’ve found direct communication before and during my stays to be beneficial.

Bear in mind, using these apps instead of traditional hotels or motels often requires additional vigilance. You must respect the home you’re staying in, understanding that your privacy may not be fully guaranteed. Also, as a host, remember that managing your property involves more work, particularly between rentals.

I once had clients who rented out their lake house, providing a lucrative source of additional income during the months they weren’t using their vacation home. All went well until they received notice that past renters were filing a claim against them, alleging the host had installed cameras throughout the house. This was untrue, and thankfully, they were well-insured, both through the rental app’s coverage and additional private insurance that I had advised. While it was never determined exactly what had happened, we speculated that previous renters had planted the cameras and hatched a scheme to rent the place and file a false claim against the host.

Navigating the legal aspects of vacation rentals may seem daunting, but it doesn’t have to be. An experienced attorney can help clarify these issues, assisting both owners and renters to make informed decisions about their summer plans. Remember, summer is for creating memories. Whether you’re a vacationer or a homeowner, understanding the legalities surrounding short-term vacation rentals can ensure a smoother, more enjoyable summer season.

Last month, I wrote about road trips, family vacations, and scenic drives during the summer months. Well, sorry to bore you, but I’m revisiting the topic again, but for different reasons. I’d like to take this opportunity to discuss the “zipper merge.” This past weekend, I took to the highway with my camper in tow and encountered the finest experience PA has to offer… highway construction zones.

While I sat there in standstill traffic–so stagnant that I was able to put the car in park–I started my rant, once again, to my wife about a topic I read about somewhere across the internet a couple of years ago: the zipper merge.

I think they might do it in Germany, but don’t quote me on that. Then I suggested to my wife that PennDot should start putting signs up to explain this method, as a way to let others know of its benefits. My wife said, “Before you get PennDot involved, how about writing about it yourself?” So here we are.

Throughout the past couple of decades of driving, I have found myself guilty of engaging in lane policing or lane straddling. This act involves seeing a “merge left” or “merge right” sign, some two miles ahead of a lane closure, and merging immediately in hopes of getting through the construction area quickly.

However, for the next two miles, I start to see cars zooming by me in the now open lane. This, of course, infuriates me because I feel like these drivers are cutting the line (“queue-jumping”). As a result, I might slowly move my vehicle towards the center of the two lanes, hoping to prevent more cars from going by. I’ve seen tractor trailers do this numerous times, even witnessing them getting into the imminent closed lane and driving slowly to stop any and all other cars from zooming by.

But then I read about the zipper merge, and I realized I was wrong all along.

When a lane closure on the highway is imminent, drivers are often unsure of when and where to merge. The ‘Zipper Merge’ or ‘Late Merge’ technique offers a beneficial solution to this predicament, compared to the traditional early merge method.

The zipper merge works as its name suggests. Drivers use both lanes of traffic until reaching the point of closure. Then, vehicles alternate merging from the closing lane into the open one, like the teeth of a zipper. This is contrary to the early merge method, where drivers move into the open lane at the first sign of a lane closure, leaving a significant portion of the closing lane unused. When you think about it and picture that long stretch of unused road, it makes complete sense. The zipper merge is way better. It provides three key advantages.

Efficiency and Reduced Congestion: When drivers merge early, it often results in a long line of vehicles in one lane, while the closing lane remains largely empty. This not only under-utilizes available road space but can also lead to increased congestion and longer traffic queues. The zipper merge, on the other hand, capitalizes on the maximum available road capacity, which can help maintain a smoother flow of traffic, reduce the length of traffic queues, and increase overall traffic throughput.

Safety Enhancement: The zipper merge technique promotes safety in several ways. It eliminates the risks associated with erratic, last-minute merges by setting a clear rule of alternating merges at a designated point. Moreover, by reducing the difference in speed between the two lanes, it minimizes the chance of rear-end and side-swipe collisions, which are common in early merging. Additionally, by specifying the merging point, it provides predictability and a common understanding among drivers, reducing the likelihood of aggressive driving behaviors such as lane straddling or preventing others from merging, thereby increasing overall road safety.

Traffic Equity: The zipper merge promotes a sense of fairness and equity among motorists. In the early merge method, drivers who merge ahead of time can feel frustrated when they see others zooming by in the closing lane to merge at the last second. The zipper merge method eliminates this perception of “queue-jumping” as it encourages all drivers to use both lanes until the merge point, with everyone taking turns to merge.

The zipper merge, with its many advantages, certainly seems to be a promising strategy for dealing with lane closures on highways. It maximizes road utilization, improves traffic flow, enhances safety, and promotes equity among drivers. The key to reaping the benefits of the zipper merge lies in increasing public awareness, understanding, and acceptance of this technique.

So yes, I think the next step is to take this issue to PennDot in hopes that they will invest in driver education and clear signage to promote this effective traffic management tool. But for now, I hope this article has provided some insight to all of you, and hopefully, it will alleviate some frustration that you might experience, like me, when finding yourself in the inevitable PA pastime of highway traffic.