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?
Friday, June 20, 2008
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- Miami Beach Property Rights
- 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.
3 comments:
These people are idiots. I can't believe they're about to ban people's right to do what they want with their property. Where is RS 1-4 in Miami Beach?
Charles Owens said...
It appears to me, from what little I know about this issue, that the City Commission is attemping to codify the "Director's Interpretation" in order to avoid having to compensate single family homeowners for the loss of rental income caused by a change in zoning use, per State and Federal Law. The City will claim that zoning restrictions have always prohibited rentals of less than six months in single family districts, therefore there is no change in use, and no compensation required. Unfortunately, and the Courts have been quite clear in cases such as this, this Codification does constitute a legal "taking of property" because the Director's Interpretation did not meet the standards for a legal change in zoning, and prior to the Director's Interpretation, the City did not attempt to enforce or advertise prohibitions on residential rentals. Sadly, the City is shooting itself in the foot; if approved, it will be the "Codification of Director's Interpretation" that invites a multi-million dollar lawsuit against the City, and I just wish I was an attorney in Florida, as I'd love to get a percentage of that class action suit.
Zones RS 1-4 are defined by the zoning code as "Single Family Residential". These zones are located in various areas within the city limits.
To find out the zone of a specific address, you can view the County's Property Search website. http://gisims2.miamidade.gov/myhome/propmap.asp
Choose the drop down box that reads "SEARCH BY".
The zone is listed in the second table under the heading "Primary Zone".
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