Lawyer says panel’s refusal to renew short-term rental licence for client is punishment for ‘unusual lifestyle’
The owner of a downtown apartment in the Wall Centre building rented his place to Airbnb guests 439 out of 489 days between July 2023 and October 2024, according to a City of Vancouver investigation.
A business licence review panel comprised of three city councillors heard Tuesday that Deeno Mazhari largely slept in his microwave-and-refrigerator-equipped Mercedes Sprinter van when guests stayed in his apartment at 1050 Burrard St.
City staff’s evidence alleged Mazhari, who operates a renovation business, also resided at times with his mother in New Westminster and children in Langley, which Mazhari disputed during the hearing.
Mazhari, who first obtained a short-term rental business licence in 2022, appeared before the panel of city councillors Pete Fry, Mike Klassen and Lisa Dominato in what was a failed attempt to get his licence renewed for this year.
“Nothing that Mr. Mazhari has said suggests that he lives or makes his home or conducts his daily affairs from this residence,” said City lawyer Iain Dixon in his closing comments to the panel. “It’s simply booked too many days of the year for that to happen.”
An operator of a short-term rental business in Vancouver can only rent out their place if it is considered the person’s principal residence.
The purpose of the short-term rental bylaw is two-fold: to allow a homeowner to earn extra income, but to also forbid homeowners from turning residences into full-time short-term rental accommodation.
‘High booking rates’
The City’s licensing department began to investigate Mazhari in 2024 when staff noticed “high booking rates” that showed his residence was being rented out to Airbnb guests 90 per cent of the time.
That finding led to interviews and email correspondence with Mazhari, said Alina Urloiu, the City’s deputy chief licensing inspector, who presented evidence to the panel in the council chamber.
Mazhari submitted what’s called an operational summary to the City, which Urloiu referred to in the hearing, saying:
“He talked about his avid fishing and hunting [that would take him out of town]. However, he also said that if my apartment is booked during a time when I’m in Vancouver, I stay in my van or at my mom’s apartment in New West.”
Urloiu noted that statement conflicted with another submission by Mazhari, where he allegedly said that he only stayed occasionally in his van or with his mother.
“So the information does not match up—it conflicts,” she said. “Therefore, we believe that the unit does not serve as Mr. Mazhari’s principal residence.”
An inspection was conducted of Mazhari’s apartment, where staff found “minimal personal belongings” and a fridge containing groceries. Urloiu noted Mazhari had at least two weeks notice before the inspection was conducted.
“We didn’t check the [best before] dates, but from the pictures that were taken, we could see jars that were full to the brim, and food that seemed to have been recently purchased,” she said.
The panel also heard evidence from Urloiu that Mazhari spent time in Kelowna, Whistler and other parts of the province, according to credit card record records. Mazhari used to own a home in Kelowna, and now owns a half-acre of land there.
’60 or 70 days I’ve slept in my van’
Mazhari and his lawyer, James Christie, disputed the City’s narrative, saying he was being “punished” for what Christie described as his client’s “unusual lifestyle.” Mazhari told the panel he has never stayed overnight at his mother’s apartment, or with his children in Langley.
“It appears that Mr. Mazhari was not being considered [for licence renewal] because his lifestyle is not a common nine-to-five occupation where he comes home for dinner every day,” Christie said.
The panel heard from Mazhari that he rises at 3 a.m. to attend a gym in Langley, where he works out. The rest of the day is spent working, including late-evening jobs he does for Costco in Langley, Abbotsford and Port Coquitlam.
His work, he said, has taken him to Kelowna, Whistler, Merritt and Vancouver Island. He also told the panel he has hunted for moose and caribou in the northern part of the province.
Sometimes, he said, he can be in the bush for five weeks.
Driving back to his apartment on Burrard Street, he added, is not always an option, noting it could be dangerous for him to be at the wheel after a long day. Still, he estimated he spent 90 days in his apartment in 2024.
“This year at least, I say 60 or 70 days I’ve slept in my van because I’m just too tired to drive to downtown,” said Mazhari, estimating he gets two to three hours of sleep per night after his work day finishes at midnight.
‘Math doesn’t add up’
A short-term rental operator must have strata approval or permission from a landlord to allow the use of short-term rentals in a home before applying for a licence. The panel heard that short-term rentals were allowed in Mazhari’s building.
Mazhari had been hosting Airbnb guests since he obtained a licence in October 2022. He had his licence renewed in 2023 and 2024, without incident. The City does not investigate each licence, which is obtained via an online process, but will conduct audits and act on complaints.
In stating her case for denying a short-term rental licence for Mazhari, Dominato questioned the number of days—90—that Mazhari said he stayed at his apartment in 2024.
“The math doesn’t add up there,” she said, noting the 90 per cent booking rate between July 1, 2023 and Oct. 31, 2024 quoted by City staff.
Dominato also pointed to conflicting stories mentioned by staff about whether Mazhari stayed overnight at his mother’s place.
“I do not believe that the licensee has demonstrated that this is their principal residence and that they are using it as such,” she said, noting Mazhari didn’t provide any evidence of staying 90 days in his apartment in 2024. “There was opportunity for that to be provided as part of this hearing.”
Klassen supported Dominato’s position: “Given that 90 per cent of the booking time is for guests through Airbnb, it’s a struggle to try and see that this could be seen as the principal residence in the spirit of the bylaw.”
‘Everyone lives their life differently’
In defending Mazhari, Christie supplied the panel with a series of utility and property tax bills, T4 slips, ICBC information and other documents that showed his client’s address was the apartment in question on Burrard Street.
Christie questioned the City’s definition of a principal residence.
“As I alluded to in my opening statement, the City’s determination is essentially punishing Mr. Mazhari for not living a nine-to-five job,” he said.
“It is punishing Mr. Mazhari for saying, ‘Oh, you are an entrepreneur, or you like hunting for five weeks at a time, or you work both night and day shifts, therefore you can’t have a licence and that goes against the definition.’ If those were explicit factors, those would be in the definition.”
BIV asked Christie after the hearing to explain how renting out an apartment for 439 of 489 days still makes Mazhari’s place a principal residence.
“If you take that number in isolation, that’s one factor,” he said. “But, as you heard earlier, there’s factors of he goes hunting for over a month at a time, or he sometimes sleeps in his van because he is on less than three hours sleep.”
He continued: “The fact is everyone lives their life differently. A lot of people have a nine-to-five. A lot of people’s hobbies are an hour or two, maybe two, three times a week. Some people don’t have that lifestyle. You’re kind of caught in a situation where that lifestyle forces you out of home for long periods, and now you don’t have an explanation, or a quote, unquote, valid explanation.”
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