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.

4 comments:

Anonymous said...

The revised ordinance drafted by Staff appears to be the work of someone with an agenda. It certainly does not follow the instruction given by planning board at the conclusion of the last meeting.

Mo said...

I am all for restricting short term rentals. Anyone that actually LIVES in Miami and isn't flipping/speculating on condos should be for these rules

Anonymous said...

i don't like people that make noise and cause problems, i'd rather noisy people stay and leave for a week, than have to live next to them for a year. i don't know how you get people to behave, but if you rent to someone for less than six months, say a med student on rotation at a local hospital, and the person is quiet and respectful, why is there an issue? we need to control behavior, not how often people come and go in miami beach, this town would dry up without the people that come and go in less than six months.

Anonymous said...

I live in Miami BEACH. I know that these rentals are both vital for the economic strength of this city and that there is nothing wrong with these rentals, the property owners are good for the neighborhood, and the renters have created no drain on the neighborhood that long term renters could also cause.

As a matter of fact, if short term renters are problematic, it is easier to get rid of them. Long term renters take months and months to evict.

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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.