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 29^th at 1:30 pm in the City Chambers at City Hall, 1700 Convention Center Drive, Miami Beach, FL.

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.