Hart of the Issue: “Vacation, renting my house away!”

Posted on August 1, 2023 by 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.

Hart of the Issue: Drink Drank, Drunk Tank

Posted on March 1, 2023 by The Dunmorean

By John M. Hart, III, Esq.

March is a big month of celebration, so let’s start this issue off with a limerick.

It’s that time of year when the streets get painted,
New dashes of green to cover the previous year’s fainted.
The bars are all stocked,
Corned beef in the crock,
But a DUI would cause the fest to be tainted.

With March comes green… green grass, green trees, green bushes, green flowers, (or at least historically, but who knows what the weather has in store for us anymore). But one tradition in March that guarantees us the green is St. Patrick’s Day.

There’s no denying that our community is rich with diversity. It’s what makes us unique and exceptional. And the Irish heritage in our region is just one of various cultures that is embraced with pride and celebration.

This is clearly exhibited by simply checking our calendars. We don’t just celebrate St. Patrick’s Day. We stretch it out and throw parades and dinners. We don our best green attire, march in our parades, get back to the basics of meat and potatoes, and, typically, consume plenty of alcohol. However, while these fests are meant to be a celebration, they can also lead to dangerous behavior on the roads, such as driving under the influence (DUI).

We all like a good time during holidays, especially in March. Well, most of us do at least… I guess I can’t truly speak for everyone. But I can definitely vouch for the majority of us. I see this in the crowds that come out in March to watch people march. I see droves of diners assemble for dinners. I see the masses attend masses. And I see piles of people pour out of the pubs.

But while our March traditions are no doubt a good time, we have to be aware of the critical responsibilities that come with consuming alcohol. We all know the line… drink responsibly. This is crucial. Because on St. Patrick’s Day, like other holidays, the number of DUI arrests and incidents tends to increase due to the high consumption of alcohol in the days before and after the big event.

DUI is a serious problem that can result in severe consequences, including fines, jail time, and loss of driving privileges, or even worse, serious bodily injury or death. Additionally, if you’re charged, you better plan on spending the night in the proverbial drunk tank.

Here in PA, and presumably most jurisdictions across the US, the legal blood alcohol limit is 0.08 percent. But here’s the rub–that is different for each and every one of us. That could mean one drink for someone within an hour. It could mean three drinks within 30 minutes for a bigger brute such as myself. There are too many variables that go into that equation.

And blood alcohol isn’t the only metric to gauge whether someone is driving under the influence. If you are suspected of driving while impaired, a police officer can rely on his training and experience to detect signs of impairment. This includes observing your speech, your breath, your eyes, and your gait. Additionally, an officer can request that you perform a Standardized Field Sobriety Test. I’m sure many of you are familiar with this. There are tons of videos out there with examples of this test, many of which are rather comical. (Check out “drunk dancing cowboy DUI” online if you need a laugh.)

And then there’s the blood test. Do you volunteer for it? Do you refuse? Do you refuse every test just mentioned above? Each decision you make will have various outcomes. And if you are actually intoxicated, do you really want to be making these types of decisions on the fly when the consequences are so severe?

The ramifications of a DUI can be far-reaching and long-lasting. In addition to the legal repercussions, a DUI can have a negative impact on one’s personal and professional life. A DUI conviction can result in a criminal record, which can make it difficult to find employment and housing in the future. It can also lead to higher insurance rates and increased financial strain.

The good news is that these decisions are extremely avoidable. Don’t take the chance. Don’t try to calculate your consumption.

To avoid the dangers of DUI, it’s important to make responsible choices when celebrating St. Patrick’s Day and plan ahead. If you plan on drinking, designate a sober driver, or make arrangements for alternative transportation, such as a taxi, ride-sharing service, or public transportation.

Heck, if on the off chance the weather is nice like it used to be in March, take a nice walk home. It may help clear your head. It’s also important to pace yourself and drink plenty of water to avoid becoming too impaired in the first place.

So please plan your celebration ahead of time. When you think about it, nothing should come as a surprise. St. Patrick’s Day is one of those easy holidays that is literally on the same calendar day each year, March 17^th.

But if you do end up in trouble or someone you know fails to read this article and makes a mistake by getting behind the wheel during these March festivities, remember that being charged with DUI is a serious matter that can have a significant impact on someone’s life. Given the severity of the consequences, it is essential to take the matter seriously and seek the help of an experienced DUI attorney. Hiring an experienced DUI attorney can make a significant difference in the outcome of your case and can help you avoid the most drastic ramifications of a DUI conviction.

Prior to representing individuals charged with DUIs, I prosecuted them. While serving as an assistant district attorney in Lackawanna County I was a member of the DUI unit where I personally handled thousands of DUI cases. This background gives me a deep understanding of the strategies used by the prosecution and a comprehensive understanding of the laws and regulations related to DUI cases.

Should you find yourself in need of a DUI defense attorney, remember to be smart, call Hart.

Our team’s knowledge of the legal system and the prosecution’s strategies, along with their negotiation skills, can be invaluable in achieving the best possible outcome in a DUI defense.

Hart of the Issue: A penny for your thoughts

Posted on November 2, 2022 by The Dunmorean

By John M. Hart III, Esq.

Picture yourself walking down an English street almost a century ago and you want to get in touch with a friend. You wouldn’t reach into your pocket and pull out a phone, rather you’d walk to the nearest red telephone kiosk, topped with a dome made of segmented curves, a national icon that anyone can quickly identify with Great Britain.

While the famous British Phone Booth we picture today isn’t the original design, it has been the main design, for the better part of its iterations, since the early 1920s, after Sir Giles Gilbert Scott submitted his winning design for an architecture competition. The phone booth remained in service for decades until the need for phone booths dwindled due to technological advancements.

It’s clear that English phone booths were stylish, particularly compared to the ones I remember here in the States when I was growing up. But they also served a bigger purpose besides the convenience of placing a call when you were nowhere near a “landline” in a building. They also provided privacy.

The newest version of the Hart Free Library is in the offices of Hart Law, East Grove Street, Dunmore.

The telephone booth is a particularly interesting, yet overlooked, device in our society. It even came up in a landmark case while I was studying in law school. In Katz v. United States, 389 US 347 (1967), a gentleman was using a phone booth that federal agents had previously planted an eavesdropping device to the outside of… without a warrant.

Based on his phone conversations, the agents charged him with several counts of illegal transmission of wagering to various cities across the country and he was found guilty based upon that evidence. He appealed the case all the way to the Supreme Court, arguing that he was entitled to Fourth Amendment protection and that the wiretap on the phone booth was an unreasonable search and seizure. He won.

The need for a phone booth was even taken into consideration with the design of our footwear. Did you ever wonder why they call them “penny loafers”? I did, so I looked it up. In the 1930s, a phone call at a phone booth cost two cents. The penny loafer was designed specifically with just enough space to fit a penny in each shoe, so whenever you were out and about town, you could always place an emergency phone call. (https://magazine.brooksbrothers.com/penny-thoughts/)

Speaking of the cost of a phone call, have you ever heard the phrase “drop a dime”? At some point in the phone booth’s history, a phone call cost 10 cents. And due to the anonymity of using a phone booth, if someone wanted to “snitch” or “rat” on someone, they’d drop a dime in the phone, and call in to the police to report a crime.

But much like the passage of time, the intended use of the phone booth, and its interesting idioms that came with them, has come and gone. Yet while the intended uses are no more, those landmark monuments remain, particularly the British-styled booths, and we are left to repurpose them because we can’t get over their nostalgic charm. And because of that iconic charm, we don’t just repurpose them, but even replicate them. I know, because we did.

For those that don’t know, Maureen Hart, (the editor/publisher of the Dunmorean), is an avid book reader. And when she learned of an organization called littlefreelibrary.org, a nonprofit organization in St. Paul, Minnesota, whose vision is to have a little free library in every community and a book for every reader, she wanted in.

So, she set to planning to build one in the Green Ridge neighborhood of Scranton. The typical style of a library for this program is small–think breadbox on a mailbox post–and can hold maybe a dozen books at most. The idea is that anyone can walk by, drop off a book, pick up a book, swap a book, whatever they want to do. The goal is to just promote reading and make books accessible to all.

*John Hart Jr. poses with the Hart Free Library prior to the ribbon-cutting on Sept. 28, 2013.*

But when Maureen discussed the plans with her husband, she didn’t get a bread box. Her husband, the founder of the Dunmorean, and my father, John M. Hart, Jr., doesn’t do anything small. Everything he does requires a parade, a ribbon-cutting ceremony, or a speech.

For this scheme, a ribbon-cutting ceremony, a few speeches, and a couple of past mayors were added for good measure. Instead of a 12-book library, he envisioned a British-style phone booth. At first, he wanted an official, decommissioned British phone booth, as discussed in detail above. But the cost would have been astronomical to ship, let alone purchase. So, he had a replica designed and built to house the new neighborhood book collection.

When I learned of this endeavor, I was a skeptic. I figured it would attract vandalism, among other things. But it still stands to this day, albeit it’s seen better days. I was amazed to see the community’s reception. People of all ages visit the library round the clock. Children come with their parents to pick out a book, teens come to get books or even get their photos taken near it, or in it. Elderly come often and treasure the ease of access to books. And people periodically drop off books for a new owner to discover.

Sure, some of those donors tend to treat it like a book dumpster, and leave cardboard boxes outside, (which we aren’t keen about) but for the most part, it’s a wonderful place and an incredible landmark in our neighborhood.

The “little” free library is still in service today and can be seen and used at 1175 Morel Street, Scranton, PA 18509. It’s located near Park Gardens, in Green Ridge, just a block away from Marywood University.

As mentioned earlier, it’s getting a little worse for wear, but it is now a registered non-profit, and has a GoFundMe account. (Scan the QR Code to donate!) If you get a chance to check it out, please do, and consider contributing.

And if that location is a bit out of the way for you, we’d like to welcome you to stop by Hart Law, (134 E. Grove Street, Dunmore, PA 18510) where we started up our own Little Free Library. It may not be as grandiose as our British Phone Booth location, but it’s convenient, and we welcome anyone to stop by for a visit and talk about their favorite book!