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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...
3 comments:
The city would make money if they came up with a way to make tenants pay if they cause a disturbance instead of trying to stop owners from renting their properties. Before owners take a booking they should verbally warn their clients and make them post a noise security deposit and make them sign a noise ordinance form that should be created by the city. Let them know in very certain terms loud behavior will not be tolorated. Make the client sign a document stating they are aware of the rules of the city. If they disobey - The city fines them and collects the money either from the client or from the owner who is holding the noise security deposit money the client posted in the first place. Something like this would be a win win for everybody.
They want you to move there, and it is ok to pay millions for your home. But then they want to tell you what you can do with your home? Is this America? What happen to our Freedoms? You can even put a pool in anymore without going through lots of red tape. Again, this is suppose to be Amercia.
They all strangers to the neighbor but according to Matti the difference is $$$. So it is not about noise or strangers but Matti seems to resent money. It is okay to have as many strangers visit you as long as they are not paying. Get it?
She does not want property owners to be able to collect any rent or make any profits on their property. Okay...property owners....we need to go on a strike and not pay any property taxes to these city officials. They do not deserve our money, they do not like money.
Let's all band together and send a clear message….stop paying your property taxes….Matti and others detest money/profits. Do not send any money. Money is a dirty word.
Our city officials believe you do not have the right to short term rentals because they are tooo profitable and money is a dirty business...well excessive property taxes is a greater sin, almost a crime.
No rent...No taxes....we need to revolt. Let them feel what is like not to collect any revenues. Perhaps they will understand what is like not to collect any revenues. They need to feel the pain themselves. Let them raise the revenues elsewhere
The day our politician invented or created property taxes was the day the idea of private property die…we do not own our homes...this is an illusion ….we have all become tenants of our government because if you do not pay your property taxes, the government can evict you from your property and/or take it away.
We could go on strike and revolt and refuse to pay property taxes….they will listen. Together we can impact the discussion and together we can win this. POWER NEEDS TO RETURN TO THE PEOPLE!
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