Miami Beach commission shelves debate over short-term rentals
There's one hot-button issue Miami Beach leaders had hoped to tackle next week: short-term rentals.
But the controversial topic won't come up at the Nov. 5 city commission meeting since lawyers for property owners asked for an extension earlier this month, First Assistant City Attorney Gary Held said. The issue is expected to be heard at a December meeting.
Homeowners in Miami Beach are forbidden to rent out their houses for less than six months under the city's zoning rules, a ban that has created opposition from those who say they rely on the extra income. The rule applies mostly to single-family homes; condos located in parts of the city zoned for hotel use and whose condo boards allow short-term rentals are not affected, said Jorge Gomez, the city's planning director.
The rental debate has been an ongoing issue in the city, prompting a lawsuit last year from a management company that rents out luxury homes.
After several homeowners complained that short-term tenants made for unruly neighbors, some city officials pledged to crack down.
While the single-family home rentals are forbidden under city zoning rules, some homeowners are willing to risk fines of several hundred dollars to rent out their property, especially during popular events such as the Super Bowl and Art Basel Miami Beach.
Gomez said adding the ban to the city code -- rather than just in a list of zoning rules -- will help officials enforce the rules.
''There's a unique character of single-family neighborhoods that we want to protect,'' Gomez said. ``It is easier to enforce the six-month rule if it's in the code.''
Commissioners are expected to weigh in on two other proposals at their Dec. 10 meeting. One would allow 30-day rentals up to three times a year; the other would permit 90-day rentals up to three times a year.
Settling the controversy has become increasingly thorny as Beach residents grapple with a sluggish housing market, local job losses and higher costs.
''People are hurting now with taxes and insurance,'' said Tidra Staples, a North Beach resident who used to lease out her home on a short-term basis. ``The city is basically taking away our right to rent our property.''
But those against short-term rentals said the practice encourages irresponsible behavior in residential neighborhoods such as tenants playing loud music, ignoring parking rules and littering the streets with beer cans and liquor bottles.
''The major fear in our neighborhood are the partygoers,'' said Sylvia Winitzky, who lives in the Bayshore neighborhood in Mid Beach, where people rent out detached cottages next to their 1920s homes.
''The noise is the worst,'' she said. ``People play loud music and residents have to call code enforcement to get them to stop.''
While commissioners will have to decide on whether to change the existing rules, the city is dealing with a lawsuit over the rental issue.
Villazzo, a hospitality company that manages luxury homes, sued the city in September 2007. The company contends that the planning department's administrative guidelines, which prohibit owners from renting their single-family homes for less than than six months and one day, is ''unconstitutional.'' The lawsuit says the city places illegal restrictions leasing Villazzo properties, such as a mansion at 10 Palm Ave.
The lawsuit is still pending.
But the controversial topic won't come up at the Nov. 5 city commission meeting since lawyers for property owners asked for an extension earlier this month, First Assistant City Attorney Gary Held said. The issue is expected to be heard at a December meeting.
Homeowners in Miami Beach are forbidden to rent out their houses for less than six months under the city's zoning rules, a ban that has created opposition from those who say they rely on the extra income. The rule applies mostly to single-family homes; condos located in parts of the city zoned for hotel use and whose condo boards allow short-term rentals are not affected, said Jorge Gomez, the city's planning director.
The rental debate has been an ongoing issue in the city, prompting a lawsuit last year from a management company that rents out luxury homes.
After several homeowners complained that short-term tenants made for unruly neighbors, some city officials pledged to crack down.
While the single-family home rentals are forbidden under city zoning rules, some homeowners are willing to risk fines of several hundred dollars to rent out their property, especially during popular events such as the Super Bowl and Art Basel Miami Beach.
Gomez said adding the ban to the city code -- rather than just in a list of zoning rules -- will help officials enforce the rules.
''There's a unique character of single-family neighborhoods that we want to protect,'' Gomez said. ``It is easier to enforce the six-month rule if it's in the code.''
Commissioners are expected to weigh in on two other proposals at their Dec. 10 meeting. One would allow 30-day rentals up to three times a year; the other would permit 90-day rentals up to three times a year.
Settling the controversy has become increasingly thorny as Beach residents grapple with a sluggish housing market, local job losses and higher costs.
''People are hurting now with taxes and insurance,'' said Tidra Staples, a North Beach resident who used to lease out her home on a short-term basis. ``The city is basically taking away our right to rent our property.''
But those against short-term rentals said the practice encourages irresponsible behavior in residential neighborhoods such as tenants playing loud music, ignoring parking rules and littering the streets with beer cans and liquor bottles.
''The major fear in our neighborhood are the partygoers,'' said Sylvia Winitzky, who lives in the Bayshore neighborhood in Mid Beach, where people rent out detached cottages next to their 1920s homes.
''The noise is the worst,'' she said. ``People play loud music and residents have to call code enforcement to get them to stop.''
While commissioners will have to decide on whether to change the existing rules, the city is dealing with a lawsuit over the rental issue.
Villazzo, a hospitality company that manages luxury homes, sued the city in September 2007. The company contends that the planning department's administrative guidelines, which prohibit owners from renting their single-family homes for less than than six months and one day, is ''unconstitutional.'' The lawsuit says the city places illegal restrictions leasing Villazzo properties, such as a mansion at 10 Palm Ave.
The lawsuit is still pending.

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