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.