Compensation For Loss Of Economic Utility

In 1995, the Florida Legislature passed the Bert J. Harris, Jr. Private Property Protection Act to afford property owners relief, or payment of compensation, when a new law, rule, regulation, or ordinance of the state or a political entity in the state, as applied, unfairly affects real property.

The City's new ordinance requiring a minimum six month and one day lease in single family districts may be exactly the type of unfair affect the Bert Harris Act was instituted for.

We encourage you to:

1. Read the Bert J. Harris, Jr. Private Property Protection Act.
   
2. Read the Attorney General's Advisory Legal Opinion regarding a similar case in Lauderdale By The Sea.
   
3. Contact an Attorney and file a claim before the 1 year deadline, which we calculate to be March 7, 2010, at a minimum.
   

We would appreciate knowing if you intend to file a claim. We cannot provide legal advice, but we can share information. Keep in touch - miamibeachpropertyrights@gmail.com

City Fails Property Owners

Last night, three hours after the scheduled Public Hearing, the City of Miami Beach Commission voted unanimously to adopt an ordinance to include, in single family zoning districts, the accessory permitted use of rentals greater than six months and one day.

In effect, the City is prohibiting rentals of less than six months in single family districts. To read the "Permitted Accessory Use" ordinance, click here.

This ordinance will take effect March 7, 2009.

The video of the Public Hearing and Commission discussion can be viewed by:

1. Clicking this link mms://stream.miamibeachfl.gov/tv20%20archive/commission%20meetings/com_20090225_001.asf
2. Scroll the timer on your video browser to 3:55:22

We would like to know how this ordinance is going to effect you. Please contact us and tell us what you think of the City's actions.
miamibeachpropertyrights@gmail.com

Short Term Rental - Public Hearing Wednesday 5:00pm

The City of Miami Beach Commission will meet Wednesday February 25th at 5:00pm for a Public Hearing and vote on Short Term Rentals in single family neighborhoods.

Please:

• Attend the Public Hearing and bring a friend
  
• Stand Up for your Property Rights
  
• Demand compensation for your property's loss of economic utility
  
• Ask "Why is the City doing this during the worst economic crisis in 70 years?"

This will be the second vote to prohibit rentals of less than 6 months.  If this vote passes it will become law.  The previous vote was 7-0 in favor of prohibiting rentals of less than 6 months.

This would also prohibit landlords from having any kind of tenant agreement other than a written lease of six months or greater.  This will void tenancies-at-will and month-to-month leases.

Below is the proposed amendment to the Zoning Code.

Sec.142-905. Permitted Accessory Uses In Single-Family Districts.

(b) Permitted accessory uses. The following are permitted accessory uses in single-family districts:

            *              *                *

 (5) Leases of single family homes to a family (as defined in section 114-1) for not less than six months and one day, including extensions for lesser periods of leases permitted under this subsection to original leaseholders.

            *              *                *

Property Owners to LOSE Rights

On January 28, 2009, the City of Miami Beach Commission voted unanimously to prohibit rentals of less than 6 months in single family home districts.

Given the option of allowing rentals of either 1 month, 3 months, or 6 months, the Commission chose the most restrictive option. While members of the community spoke in favor of allowing either rentals of 1 or 3 month minimums or no limitations on how often or how long people can rent their homes, their voices were ignored.

The Code requires another reading and vote before the ordinance can become effective. It is currently scheduled to be on the February 26th Agenda; however, the Agenda will not be available until the 20th.

We urge you to watch the video of the Commission Meeting (mms://stream.miamibeachfl.gov/tv20%20archive/commission%20meetings/com_20090128_part03.wmv scroll your video browser to 03:46:00) and educate yourself.

Contact the Commission. Tell them how you feel. Please send an email, in your own words (even if it is only one sentence), and include your name and address. These are the Commissioners’ email addresses.

MayorBower@miamibeachfl.gov; jerry@miamibeachfl.gov; saul@miamibeachfl.gov; victor@miamibeachfl.gov; jonah@miamibeachfl.gov; ed@miamibeachfl.gov; deede@miamibeachfl.gov;

The following are common issues raised in public hearings:

• Wealthy home owners and the Miami hotels are pushing this ordinance to protect themselves not the rest of us.
• Most Florida cities only regulate rentals less than 30 days.
• Short term rentals help some people avoid foreclosure.
• This new ordinance could cause people to lose their homes.
• Vacant homes are a crime hazard.
• Most short term rentals cause fewer problems to the community than long term rentals.
• There are not enough long term renters to fill the houses.
• Short term rentals have been around for a long time.
• Party house, noise, parking, and trash ordinances already address community concerns.
• Compensating property owners for the loss of rental income could cost the City millions.
• The City’s primary industry is tourism.
• Many residents and second home owners want to rent their home how they want or have guests without interference from the City.
• The courts recognize the rights of property owners who rented short term before ordinances were adopted.

Your action is appreciated. If you would like to do more to safeguard property rights please contact us. miamibeachpropertyrights@gmail.com