The Metropolitan Short Term Rental Board of Appeals on July 23, 2025 upheld the zoning administrator's revocation of an owner-occupied short-term rental permit for 905 Phillips Street in Nashville, but voted to allow the property owner to reapply for a permit after 60 days.

The board's decision follows an investigation that found evidence the appellant, John Castellucci, maintains a primary residence and voter registration at 133 Mortimer Street SE, Atlanta, Georgia, and that a Georgia homestead exemption was claimed for that address. The revocation letter was issued March 27, 2025, with an effective revocation date of April 17, 2025; the appeal was filed May 7, 2025.

Metro staff told the board the property is in an RM-15 zone, which allows only owner-occupied permits. Inspector Phelps reported documents and online records showing Castellucci's business ties and residency in Atlanta, including a homestead exemption and active voter registration. Staff said there were documented short-term stays after the revocation notice and that Metro's compliance contractor recorded two stays in April, one in May and two in June.

Appellant John Castellucci told the board he moved to Nashville to open a restaurant and said, "I have lived here and I live here to to operate that restaurant." He said his wife continues to reside in Atlanta and that some of the social-media and mortgage documents flagged by staff were oversights he is trying to correct. Neighbors who spoke in opposition, including Ed Lynch of 1018 Eleventh Avenue North, said they "have not seen anybody there beyond 1 or 2 strangers on occasion" and described the house as "basically empty." Neighbors' observations were admitted as testimonial evidence of occupancy and pattern of use.

Board members discussed the weight of the homestead exemption, the presence of a second-home rider in the mortgage deed and the pattern of documented stays. Zoning Administrator Joey Hargis explained Metro's enforcement workload and that complaints are investigated in the order received, saying the office has "hundreds of complaints," which can delay processing.

After deliberation the board voted that the zoning administrator did not err in revoking the permit but exercised its discretion to shorten the waiting period for reapplying. The board's motion, which carried on a show of hands, allows Castellucci to reapply in 60 days; the board did not guarantee the outcome of any future permit application.

The board also accepted additional documents presented at the hearing after suspending its rules to review them; the appellant was directed to submit the materials to staff for inclusion in the official record. Staff told the appellant they would work with him on the next steps before any new application is considered.