Friday, September 19, 2008

Round Two - Miami Beach Vacation Rentals

At the August 26th Planning Board Meeting the Board recommended the City Commission allow short term rentals of single family homes with a minimum duration of 90 days and a frequency of not more than 3 times per year. To view the video of the meeting go to the City Video Archive and scroll the time on your video viewer to approximately 1:26:50 (one hour, twenty-six minutes and fifty seconds) into the video.

The City Commission received the Planning Board's recommendation but did not hear it at the September 10th Commission meeting.

However, the Commission Agenda had an item (C4D) which addresses short term rentals of Multi Family Properties. The City Attorney and City Manager state that "transient uses are prohibited in [multi family] zones." They go on to state that "when discovered [renting to transients], owners are cited for violation of the... City Code". They recommend the Commission codify the prohibition.

After several minutes of discussion, the Commission agreed to send the issues of both Single Family and Multi Family short term rentals to the Land Use and Development Committee. Commissioner Gross pointed out that "the Special Master has ruled that Jorge Gomez (City Planning Director) does not the authority to do what he did [restricting rentals to no less than six months], that the Administrative Interpretation is not authorized."

To view the video of the Commission meeting go to the City Video Archive and scroll the time on your video viewer to approximately 5:45 (five hours and forty-five minutes) into the video.

Mark your calendar:
The Land Use and Development Committee meets Monday, September 22nd at 4:00 in the Commission Chambers (3rd Floor, 1700 Convention Center Drive, Miami Beach, FL). See the Agenda with the proposed Ordinances (apologies for the poor quality).

It is imperative that property owners go to the Land Use and Development Committee meeting to engage the Commissioners in a dialogue. Property owners need to protect their rights. The Commission needs to know that:

  1. The current City Code does not prohibit short term rentals,

  2. If the Code is amended it must recognize the "Grand Father Rights" of property owners, and/or compensate property owners for their loss of use (see Bert J. Harris Jr. Private Property Protection Act and United States Constitution First Amendment),

  3. The prohibition of short term rentals will create an economic stress on the City's budget and businesses, and

  4. Sends a message to visitors that they are unwelcome unless they want to stay in hotels.

Monday, August 25, 2008

Your vacation rental could be in jeopardy...

The City of Miami Beach has been issuing code violations to single family homeowners who rent for less than a six month lease. As a basis for these code violations, the City references Director's Interpretation 00-2 which states that rentals of single family homes for less than six months are prohibited based on the City's Resort Tax Code.

As many of you know, the Resort Tax Code applies a tax to the rental of rooms in hotels, motels, and apartment houses. The City lacks the legal authority to tax single family home rentals. There are no codes or Land Development Regulations limiting the rental of single family homes except for the prohibition of for-profit party rentals.

Additionally, the City of Miami Beach has been issuing code violations to owners of apartments and condominiums that have advertised rentals for less than a six month lease. The City references Director's Interpretation 00-2a which states that rentals of apartments in certain zones for less than six months are prohibited based on the City's Resort Tax Code.

As many of you know, the Resort Tax Code applies to apartments, and the City collects Resort Tax on rentals of apartments (without regard to district) for less than six months. The Resort Tax Code actually solidifies a property owner's right to rent an apartment for less than six months in any zone that contains legal apartments.

Recently, the City's Special Master ruled that Director's Interpretation 00-2a inserts wording into the Code that does not exist, and thus cannot be enforced.

The Special Master ruled that apartments can be rented for less than six months.


We are opposed to Codification of Director's Interpretation. We agree with the Special Master that the Director's Interpretation cannot be enforced. We feel that the Code should not contain legal errors.

We also oppose the "Seasonal Rental" ordinance, as it strips property owners of their right to use and rent their property without undue burdens of and by the government.

We support a property owner's right to rent their property for residential use, for any term and/or frequency, provided that all other codes and laws are followed.

We support a property owner's right to legal compensation for any loss of use/income resulting from a change in zoning restrictions following any Planning Board or Commission vote to restrict the duration of residential rentals, as provided for by the Forth Amendment to the US Constitution and the Bert J. Harris Jr. Act of the Florida Statutes.

Please email: miamibeachpropertyrights@gmail.com if you need further information about Special Master Ruling 00-2a.

Property owners need to stand up for their rights.

Please attend the Planning Board Meeting Tuesday, August 26, 2008, at 3:00 PM

AT: City Hall Chambers, 3rd Floor, 1700 Convention Center Drive, Miami
Beach, FL.

*** Parking available in 17th Street garage and in City's meter lot on Convention Center Drive.

WHY: The Planning Board needs to hear input from YOU, the public. Should they approve a short-term rental prohibition, their vote will become a temporary enforceable law effective August 26th. The City will then move forward to regulate all other rentals.

If you can, please attend this meeting and speak your mind, or at least show your presence. The Planning Board is an appointed board of City residents. They do listen to your comments, and consider your points of view.

Friday, August 22, 2008

Director's Interpretation - Seperating Fact From Fiction

On Tuesday August 26th, the Planning Board is scheduled to vote for or against the Codification of Director's Interpretation 00-2. This Interpretation has been used to empower the City's code enforcement actions against single-family homeowners.

As many have pointed out, the Director's Interpretation mis-represents the actual code and/or improperly inserts wording into the City Code that does not exist in order to reach a desired conclusion. This makes the Interpretation legally unenforceable.

One of our supporters has submitted a detailed critique of the Director's Interpretation. It contains factual quotations of City Code in order to clarify the legal issues with the Director's Interpretation.

We have verified the Codes quoted in this analysis, and we recommend that the Planning Board reject the Codification of Director's Interpretation 00-2 and that the City cease all code-enforcement actions based on this Interpretation.

Thursday, August 14, 2008

Ban On Rentals Less Than 90 Days Considered In Oakland Park

The City of Oakland had a discussion on May 6 about language banning the rental of single family homes for a period less than 90 days, despite previous promises that their goal was to only ban daily rentals. The idea did not move forward thanks in large part to the efforts of Oakland Park Commissioner Suzanne Boisvenue, who spoke out strongly against this proposal and kept Realtor Association of Greater Fort Lauderdale (RAGFL) leadership informed on the progress of the issue.

Since then, RAGFL’s Board of Directors adopted a uniform policy opposing all efforts by any governmental entity to place restrictions on the length of time a homeowner can rent a single family home to a particular renter. RAGFL believes we should be using existing codes pertaining to noise and nuisance to keep our neighborhoods peaceful, rather than limiting the rights of homeowners.

Bad for Homeowners & Private Property Rights--
As our market struggles and the foreclosure crisis continues, the last thing homeowners need is the “Lease Police” telling homeowners how they can or cannot utilize their property and pay their bills. Limiting the ability of homeowners to utilize a home could mean the difference between paying their mortgage or not.

Bad for Moving Residents--
It is common for a gap to exist between the time one sells a home and purchases their next one. Sometimes a person or family will need to rent space on a short term basis during their transition. If short term rentals are banned, people in this situation will be forced out of the city.

Bad for Traveling Professionals--
Traveling professionals, such as nurses who are hired to work temporarily during peak seasons, need housing too. We cannot afford to drive essential personnel out of the area.

http://www.r-world.com/GovernmentAffairs/index.html/#51

Friday, August 8, 2008

Miami Beach Short Term Rentals In The News


The following are articles in the Miami Herald and Sun Post covering the Planning Board Meeting of July 29, 2008.

http://www.miamiherald.com/news/miami_dade/beaches/story/627425.html

http://miamisunpost.com/080708rentals.htm

Friday, July 25, 2008

Planning Board Meeting Tuesday July 29th at 1:30 pm

The Planning Board will hold a "Workshop, discussion, and hear public comments on the different aspects of the proposed [ordinances] for short term and seasonal rentals of single family homes." The agenda states, "The public is cordially invited to attend this session and participate in the discussion."

After the Workshop, the Planning Board may vote to approve one of these ordinances. Upon approval, the ordinance will go into immediate effect (zoning in progress), allowing the City to search out, cite, and fine properties engaged in short term rentals.

The City is still proposing two options.

1. Prohibition of rentals less than six months - see Staff Report

or

2. Limitation and regulation of "seasonal rentals" - see Staff Report

We feel both options should be rejected.

Both options are poor economic and public policy.

  • The chief economic engine for Miami Beach is tourism. Limiting housing options for tourists sends the wrong message. Reducing the number of tourists will reduce tax revenue, jobs, property owner revenue, and tourist related business income.
  • A government should not alienate its property owners and residents. The City's policy of targeting property owners and renters engaged in short term rentals is driving a wedge between the government and its people. The City's Charter states, "This government has been created to protect the governed, not the governing." However, it appears that in this case, the City is protecting itself.
Short term rental prohibition or regulation will not solve a behavior problem.
  • In the last Planning Board Meeting, there was a lot of discussion regarding the behavior of renters. It appears that the City has linked short term renters to many of the ills that plague Miami Beach - traffic, noise, trash, and un-neighborly conduct. However, they presented no evidence to support these claims.
  • On the contrary, property owners and neighbors came forward giving testimony that short term renters provide many benefits to the property and community, and long-term renters and residents cause most of the traffic, noise, trash, and other issues.
  • Other ordinances already address these issues which makes this ordinance excessive and unnecessary.

These ordinances could mire the City in legal entanglements.

  • Other cities that have passed or attempted to pass similar ordinances have had to fight costly court battles, and many have lost.
  • The tax payers ultimately pay the cost of these law suits.
  • Additionally, the City would be liable for compensating property owners for the loss of use, decreased income, and loss of property value. Again, the tax payers bare the burden of these costs.

What you can do:

  1. Write the Planning Board and let them know how you feel. gappel@taxadjusters.net; jon@frydproperties.com; rkuperlaw@aol.com; information@jskarchitecturalgroup.com; fksobe@bellsouth.net; henrystolar@bellsouth.net; rweisburd@apmanagement.net
  2. Spread the word - let your friends and colleagues know about these issues and encourage them to get involved.
  3. Stay informed - subscribe to the Miami Beach Property Rights Blog, comment on the Blog site (start a dialogue), register to receive the City's newsletter, and keep your eyes open for relevant news.
  4. Attend the meeting Tuesday July 29th at 1:30 pm in the City Chambers at City Hall, 1700 Convention Center Drive, Miami Beach, FL.

Wednesday, July 2, 2008

Update - Post Zoning Board Meeting

First of all, thank you to everyone who got involved to protect the rights of property owners. Over 50 people from the community attended and many spoke to the Board; plus, many others sent emails to the Commissioners and Mayor.

Congratulations, your efforts made a difference.

The Board voted unanimously to send the ordinances back to the Zoning and Planning staff for further analysis and revision. However, the Board is clearly
leaning toward strict regulation and limitations on short term rentals. Also, the City confirmed that property owners engaged in renting for less than six months are being fined and brought before the Special Master. Additionally, the City confirmed they are writing ordinances to restrict / regulate / prohibit the short term rental of condominiums and other residential dwellings.

If you were not able to attend the meeting, you can view the video online by 1) going to http://www.miamibeachfl.gov/video/video_archive.asp#pb 2) clicking the link for the June 24, 2008 meeting and 3) scroll the time setting in your video viewer to 2:30:00 too watch the agenda items pertaining to rentals.

To stay informed, you can subscribe to the blog by typing your email address in the box to the left.

Please spread the word to others who may be interested.

We thank you for your support and dedication to these issues.



Sunday, June 22, 2008

Rent Control - Here We Go Again

Some may remember the days of rent control on Miami Beach; when property owners could not afford to maintain their buildings because rent control restrictions prevented them from setting rates to cover costs (taxes, insurance, maintenance, etc.).

Many property owners walked away from the losing proposition of having a real estate investment that would not make money, could not be sold, and was declining in value because all around them other property owners were in the same situation.

During the late 70's and early 80's Miami Beach was a den of urban blight. Many buildings were boarded up, businesses closed, investment moved elsewhere and the City was nearly bankrupt. Many "flop houses" opened, head shops lined Washington and Collins Avenues, and every Friday night Miami Vice was broadcasting our troubles around the world.

The City's current proposals to prohibit short term rentals is setting controls on rents which is strictly regulated by Florida State Statute 166.043. Click here to read an analysis by one of our members which draws the connection between rent control and the City's proposed ordinances.

Miami Herald reporter, Monica Hatcher, has recently written several articles focusing on the impact of foreclosures and efforts to combat the blight they cause.

Cities struggle to fight foreclosure blight
Condo bust draws scams and squatters
Mayors seek solutions to vacant-homes crisis

Friday, June 20, 2008

Proposed Code Changes - Miami Beach

The Miami Beach Commission has asked that two different tracks be drafted for changes to the Code regarding residential rentals .

One is meant to put into code the City Planning Director's interpretation of the current code - meaning, to prohibit rentals of less than 6 months.

The other is to change the code to allow "Seasonal Rentals" (less than 6 months but greater than 90 days) with great restrictions and regulation.

These ordinances pertain to the rental of properties in RS-1 thru RS-4 (single family homes), the drafts of Ordinances for condominiums and other multi-family, multi-unit properties have not yet been finalized by the City Attorney's office. They will be posted once they are made available by the City.

One of our members has written an item by item breakdown of flaws with the proposed Code. Click here to view the document.


Click on the links below to view the drafts.

Prohibition of Rentals Less Than 6 Months
Prohibition of Rentals Less Than 90 Days

Click the links to read the Staff Reports for the Codification to Prohibit Rentals Less Than Six Months and the Ordinance Regulating Rentals Less Than 90 Days.

Please read the staff recommendations carefully. Do you think the staff evaluations are myopic, incomplete, and one sided?

Does the City not see that these ordinances are bad public policy and bad economic policy?

Thursday, June 19, 2008

Clearwater Attempts to Ban Short Term Rentals

In 2003, the City of Clearwater began enforcing a ban on short term rentals less than 31 days. The City of Clearwater codified an interpretation of the current code which prohibits short term rentals - one of the same tactics being used by the City of Miami Beach except they want to ban rentals less than 6 months.

Thirty-one property owners sued the City of Clearwater and won. The City appealed but a 3 judge panel of the 2nd District Court of Appeal upheld the original judgment. The property owners were considered "Grandfathered" and would be allowed to continue to rent for periods of less than 31 days, if they so choose.

This is important because 1) it demonstrates the power property owners have when they mobilize and unify to fight for their rights, 2) the ruling upheld the ban on short term rentals for property owners that were not "Grandfathered", and 3) property owners were prohibited by the City from renting short term for 4 years while the case was in court.

To view the judge's original decision, click here.

This is a brief article in the St. Petersburg Times

Landlords on beach win over panel of judges
By Times Staff Writer
Published December 11, 2007

It's okay for one group of homeowners on north Clearwater Beach to continue renting out their homes for less than a month. That's the unanimous ruling from a three-judge panel on the 2nd District Court of Appeal. Clearwater has contended it outlawed short-term rentals in residential neighborhoods decades ago. But the city began to enforce the ban in earnest about 2003, when the number of short-term rentals on the beach exploded. At that time, the city also revised its ordinance to ban any residential rentals shorter than 31 days. In May, Pinellas-Pasco Circuit Judge Nelly Khouzam sided with landlords of 31 properties who said they had been renting long before 2003 and said the city's enforcement had been lax. Khouzam did say the ban applied to any other property that started the practice after 2003.

Wednesday, June 18, 2008

Your ACTION is NEEDED

The City of Miami Beach Mayor and Commission are writing amendments to the City Code restricting the duration of rentals for non-commercial properties (including single family homes, condos, apartments, townhouses, etc.).


You need to act quickly to protect the rights of property owners. The Zoning and Planning Board is meeting 3:00 pm Tuesday June 24th to make a recommendation to the Commission.


Instead of protecting the existing rights of property owners, this act by the Commission will strip rights away from property owners.


Presently, there are no restrictions in the Miami Beach City Code relating to the duration of rentals for non-commercial property; however, this has not stopped the City from issuing code violations (fines) and harassing tenants and property owners.


Here is what you can do:


1. Educate yourself - there is lots of great info at http://miamibeachpropertyrights.blogspot.com

2. Send emails and make phone calls to the Commissioners and Mayor, before Tuesday, to express your opposition to limiting the rights of property owners. Feel free to copy and paste the sample posted here into your email to the Mayor and Commissioners.

3. Forward this email to friends, renters, colleagues and associates who can express their concern.

4. Attend the meeting on Tuesday at 3:00 in the Commission Chamber.

Planning Director's Interpretation of the Code in 2000

Click here to see a copy of the Planning Director's "Administrative Interpretation" of the City Code, regarding minimum rental duration for a single famly home. Following the photo is a list of reasons why this interpretation is incorrect.

Despite the illegal and invalid interpretation of the code, the Code Enforcement Department has been and continues to issue violations to property owners for renting property for less than 6 months.

___________________________________

Question: Is the Planning Department Director’s interpretation correct?

Answer: No. The Director’s interpretation is incorrect.

The city code DOES NOT require the payment of resort tax for rentals of less than six months, unless the rental is a “room” in a hotel, motel, rooming house, or apartment house in the City of Miami Beach.

The City Code states:

Sec. 102-306. Definitions.

Room means
any room of any kind, in any part or portion of a hotel, motel, rooming house or
apartment house available for or let out for use or possession for any purpose
other than a place of public assembly.

Sec. 102-307.
Imposition of tax; rate.

(a) There is hereby
levied and there shall be paid a tax of three percent on the rent of every
occupancy of a room or rooms in any hotel, motel, rooming-house, or apartment
house in the city, and two percent upon the total sales price of all items of
food, beverages, alcoholic beverages or wine sold at retail of any
restaurant.

The City Code relating to Resort Tax DOES NOT apply to single family homes. City Code Section 102 does not define or make any reference to single family homes, and the requirement to pay resort tax.*

Therefore, single family homes rented for less than 6 months are NOT REQUIRED to pay resort tax to the City, and do not meet Section 102 definitions for hotels, apartment houses, rooming-houses, etc…

There are no City Codes limiting the duration of rentals of single family homes within the City of Miami Beach.

The rental of a single family home for less than six months is NOT a commercial activity.

Tenancy-at-will rentals (weekly, monthly, quarterly, etc.) of single family homes are thus legally allowed within the City of Miami Beach in RS 1-4 districts.

*Note: Since there are no clear codes regulating the duration of rentals in RS 1-4, the property rights of single family homeowners are protected by State Law. For example, The Fourth District Court of Appeal in City of Hallandale v Prospect Hall College, Inc., 414 So.2d 239, 240 (Fla. 4th DCA 1982) found that: “Since zoning regulations are in derogation of private ownership rights, general zoning law provides that zoning ordinances are to be construed broadly in favor of the property owner absent clear intent to the contrary. 7 Fla.Jur.2d Building, Zoning and Land Controls §59 (1978).” The premise espoused by the Fourth District Court of Appeal in City of Hallandale was followed by the court in Ocean’s Edge Development Corp. v. Town of Juno Beach, 430 So.2d 472: “Government cannot function in such after-the-fact fashion; property owners are entitled to rely upon the clear and unequivocal language of municipal ordinances. This principle is not innovative, nor does it originate with this court.”

Tuesday, June 17, 2008

Venice Beach, FL - Judge Rules Rental Ban Illegal

When the Venice Beach City Commission tried to ban short term rentals, property owners took the City to court and the judge ruled that the ban was illegal.

To see a copy of the Judge's decision click here.

Below are excerpts from an
Herald Tribune article. To read the full article, click here.


Venice Ruling Could Apply To Other Areas
A circuit judge’s ruling that Venice acted illegally when it banned short-term rentals may have implications for other communities trying to regulate [vacation] rentals in neighborhoods of single-family homes...

On Thursday, city officials and the landlord at the center of the Venice case, Steve Milo, were still weighing the impact of the judge’s March 14, 2008 ruling. But it could be far-reaching.

More investors and homeowners in Florida are turning to vacation
rentals to earn money from properties they cannot sell.

Property owners have to get a state license to rent... frequently and
must pay taxes. Venice argued that... the license meant Milo was operating a commercial enterprise that is not allowed in neighborhoods of single-family homes.

“The city went way beyond their power,” said Valerie Fernandez, managing partner of the Pacific Legal Foundation... “They tried to take away existing property rights by using an unrelated state statute.”

Milo is not ready to crack the champagne yet, he said.

Whether the city accepts the ruling or appeals and loses, it faces steep legal fees at a time when the city’s budget is being cut to meet voter-mandated property tax cut requirements.

“I’ve spent several hundred thousand dollars,” Milo said. “And there
are other damages that our legal team is working to put full figures on.”

The city spent at least $46,000 in legal fees from October until
January, the most recent figures available.

Even if the city drafts an ordinance banning short-term rentals... it will be difficult to regulate existing rentals.

In its second precedent-setting short-term rental case in Brevard County, the Pacific Legal Foundation is fighting on behalf of a woman who claims her economic rights were violated when the county passed a ban on rentals for less than 90 days in 2005.

Instead of allowing people who were already renting to continue... Brevard phased out the practice, telling the woman she could no longer rent short-term after six months. That case is pending, but a judge has refused three times to dismiss it...

“It’s not enough for Venice to pass something,” Gieseler said. “There
needs to be substantive effort to make sure constitutional rights
are respected.”

Miami Beach Home Owner Files Suit Over Violation

This article in Miami Today outlines why one home owner is suing the City for issuing a code violation using the Planning Director's loose interpretation of the zoning law. To read the full article click here.

Lawsuit Challenges Barring Short-Term Beach House Rentals

Miami Beach zoning officials are using loose interpretations of city
ordinances to unlawfully prevent single-family homeowners from renting out homes
for less than six months, says a New York lawyer who is suing the city.

Attorney Richard Freeman filed suit last week... after the [rental agency] and homeowner were cited by city officials for advertising the home as a short-term rental on the company's Web site...

According to the lawsuit, city zoning officials consider home rentals
of less than six months in single-family-zoned neighborhoods tantamount to
running an illegal commercial business on residential property. Using that
stance, the city applies the local noise and off-street parking ordinances and
"quality of life" laws as reasons to prohibit short-term home rentals...

Allowing seasonal home rentals would put Miami Beach on par with major
US vacation destinations such as The Hamptons in New York, Aspen, CO., and
Tucson, AZ., which have no restrictions on single-family home rentals, Mr.
Freeman said. Some beach homeowners are "snowbirds" or seasonal residents who
only spend a few months in the city each year... Single-family homeowners look to rent homes to help offset ownership costs...

While the city's interpretation initially focused on preventing
homeowners from renting Miami Beach homes for large parties, he said, part-time
residents who want to rent homes for short periods have been unfairly lumped
into the same group. "Like most well-intentioned laws," Mr. Freeman said, "the
broad dragnet of the prohibition has entangled many otherwise law-abiding
homeowners who are now unable to rent their homes on a short-term basis because
of the bawdy and uncivilized behavior of a handful of inconsiderate
citizens."
An article in The South Florida Business Journal, makes additional points which either invalidate or argue against the City's claim of prohibition. To read the full article, click here.

Plaintiff's attorney John Shubin said city planning director Jorge Gomez authored the "administrative interpretation" as a reaction to complaints from disgruntled neighbors about fly-by-night renters, their "party houses" and "obnoxious behavior."...

"This is like saying 'because some people drive recklessly, then we will ban all driving."...

In the last decade, Miami has become a chic location for internationally televised events like the Latin Grammys, the MTV Video Music Awards, and the Super Bowl. Post-event parties held in waterfront mansions have gotten as much press as the events themselves...

Short-term rentals are a hot topic in vacation destinations such as Key West and Miami Beach, with local officials claiming they spur crime and drive up traffic in residential neighborhoods. The issue has taken on national prominence as property rights organizations, such as the Sacramento, Calif.-based Pacific Legal Foundation, have filed lawsuits against governments across the country - including Brevard County, which challenged prohibitions on vacation rentals...


Short Term Rentals - History

In 2000, the Director of Planning and Zoning was asked to interpret the City's zoning code pertaining to rentals of non-commercial property. He interpreted the code to state that rentals for periods of less than 6 months are prohibited (click here to see a copy of the interpretation).

The Zoning Code can be found in Chapter 142 of the City Code at
http://www.municode.com/resources/gateway.asp?pid=13097&sid=9.

In the City's attempt to banish so-called "party houses", the City passed an ordinance in February prohibiting the "commercial use" of residential zones (R-1 through R-4).

The City's next step is to codify the prohibited rental of residential property for less than six months. This will further prevent party promoters from renting houses and having gatherings.

However, it will also prohibit anyone (seasonal workers, new residents shopping for a permanent home, tourists, convention goers, visiting families, etc.) from renting short-term.

Please click here to read the "Party Ordinance" to understand the background surrounding the short-term rental ban.

Recently, some property owners have received code violations for renting non-commercial units (single family homes, apartments, condos, etc.) for less than 6 months. These include furnished and unfurnished rentals. Additionally, some property owners have been issued violations even though they have resort licenses and pay the City's resort tax. This prompts the question "Why does the City issue licenses and collect tax for rentals they say are prohibited by the code?"

The City's resort tax is listed in Chapter 102 Article IV of the City Code which can be found at
http://www.municode.com/resources/gateway.asp?pid=13097

Now, the Mayor and City Commission have asked Planning and Zoning to draft new ordinances to give the Commission two options:

  1. Prohibit rentals of less than 6 months in duration, or
  2. Allow short term rentals but not less than 90 days and no more than 3 rentals total in a 12 month period. There are many other restrictions that are worth reading (number of renters, local representatives, licensing, etc.).

The Planning and Zoning Committee will be meeting on 6/24/2008 to discuss these code changes. Contact the Mayor and City Commissioners before this meeting to let them know how you feel.


Miami Beach Commission To End Vacation Rentals

The Miami Beach Mayor and Commission is drafting new City Ordinances to end (or greatly restrict) rentals for periods of less than 6 months.

What you can do...
  1. Read other items on this blog and the internet to educate yourself,
  2. Write your comments on this blog to express your view,
  3. Contact the City Mayor and Commissioners with your opinion, and
  4. Let others know what is happening, bring the public's attention to this issue.

About Us

My photo
We are a grass-roots coalition of property owners dedicated to protecting the rights of property owners in Miami Beach, Florida. If your property rights are being threatened we want to hear from you. This website is intended for informational purposes only, reflects various opinions of our members, and is not intended as legal advice. Do not rely on the opinions or information stated herein as legal advice.