Miami Beach to Vote Again on Condo Rental Ban

Due to a postponed meeting last month, today, Wednesday June 9, 2010, at 5PM, the City Commission will hold a public hearing and debate whether or not to ban rentals less than six months in multi-family areas of South Beach, Middle Beach, and North Beach.

The current legislative strategy seeks to avoid re-hearing the Special Master's ruling that short-term rentals are presently legal in multi-family areas, and instead codifies rental restrictions adopted by the Flamingo Park Neighborhood Association:

* No rentals allowed for less than six months

* Rental restriction supersedes condominium association rules.

* Several properties in the Flamingo Park area may be eligible for grandfathering based on criteria adopted by the Flamingo Park Neighborhood Association.

The City will apply the ban city-wide, and grandfathering will not apply in other zones unless approved by neighborhood groups.

More information can be found in the Commission Agenda at: www.miamibeachfl.gov

A complete history of this issue, beginning with the short-term rental of single-family homes in Miami Beach, can be found on this website.

Indiana Town Loses Short-term Rental Lawsuit

March 17, 2010

The town of Ogden Dunes cannot stop homeowners who want to rent out their property for periods of less than a month, the Indiana Court of Appeals ruled Tuesday.

In 2007, the Porter County town of 1,300 people decided to stringently enforce its residential zoning code, which the town claimed prohibited short-term home rentals. The goal was to prevent the lakefront community from becoming a resort area.

Later that year, the town accused Steven and Lauren Siwinski of renting out their beachfront home five times that summer, essentially using their residence for a commercial purpose, which is prohibited. The town sought a $2,500 fine for each day the home was rented.

Porter Superior Court Judge Mary Harper ruled in favor of the town in June.

However, the appeals court found that -- because the zoning ordinance does not specifically prohibit short-term rentals and because the rented home is being used in a residential manner -- short-term rentals do not violate the zoning ordinance.

"Nothing in the designated evidence established that any commerce or other activities not associated with a residence were ever conducted on the Siwinskis' property," wrote Judge James S. Kirsch in the court's 3-0 decision.

The decision reversed a fine of $40,000 the town imposed on Steven and Lauren Siwinski for offering their $1 million home in the small beachfront community for short-term rentals.

"We are pleased that the Court of Appeals has clarified what always appeared clear to my family: If the town wants to ban short-term rentals, then the town should pass an ordinance that specifically bans them," Steven Siwinski said.

Siwinski, a mortgage broker, sued the town in federal court in 2008, claiming that the town allowed short-term rentals for years. Siwinski said he and his wife were targeted by the town because they were part-time residents.

Click here to read the full account: CLICK HERE

Commission Continues Debate on Fate of Condo Rentals

On Thursday, February 25th, at 4 PM, the City of Miami Beach Land Use Committee will continue discussion of a ban on condominium, single-family home, and apartment leases 6 months or less in the following areas:

RM1, CD1, RO, RO3, RPS1, RPS2, TH, RMPRD, and RPMRD2:

Last month's meeting reportedly involved heated debated between Commissioner Wolfson who said such rentals are presently "legal" and should be banned, and City Staff who contend they already outlawed such rentals years ago using their own administrative interpretation.

Avon, CO approves Short-term Rentals

Avon, Colorado, home to the Vail resorts ski area, has approved an ordinance allowing short-term rentals less than 30 days in most areas of the town center.

Previously, renting out homes for 30 days or fewer was forbidden in town.

Avon, Colorado, resident Judy Neuharth, who rents out her home on weekends to cover her mortgage, said she would lose her home if she could not rent it out on a short-term basis. She applauded the council's decision.

“I'm psyched,” she said. “I can see that I can keep it (my home). Really I bought it as an investment in the first place.”

A recurring debate focused on whether short-term renters cause noise and parking troubles.

One resident said allowing short-term rentals could attract party types such as fraternity brothers, but several other people argued short-term renters tend to be family types who spend money at local shops and restaurants.

Councilwoman Kristi Ferraro argued that short-term renters are no more likely than other residents to cause problems. She said a lot of people are already renting out their homes short term and would continue to do so even if the council didn't approve the change — in the same way people drank during Prohibition.

“I think it's a right people think they should have,” she said.

In a number of neighborhoods, short-term rentals remain forbidden, due to deed restrictions. These include planned unit developments where customized laws do not allow short-term rentals. In those neighborhoods, an amendment to those customized laws would be required to allow short-term rentals.

Miami Beach to Consider Ban on Condo Rentals

On Thursday, January 28th, at 4 PM, the City of Miami Beach Land Use Committee will consider expanding the recently adopted ban on single family home rentals of 6 months or less in RS1-4 zones to include the following areas:

RM1, CD1, RO, RO3, RPS1, RPS2, TH, RMPRD, and RPMRD2:

This ordinance would "codify" the former Planning Director's opinion that any rental of residential property in multi-family zones subject to the City's resort tax on apartment rentals should be construed as an illegal "hotel use".

This opinion was nullified by Special Master Kaplan's ruling in July, 2008.

This ordinance, if adopted, would effect all single family homes, condominiums, apartments, and town-homes and will supercede any condominium association rules, restrictive covenants, and/or other regulations permitting such rentals.

On a bright note, the Staff Report mentions the possibility of allowing 1 single-family home South of Fifth to operate short-term rentals, and grants approval to several properties in Flamingo Park areas to continue renting short-term.