Miami, FL


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City Ordinance for Short Term Rentals in Miami, FL

Navigating the rules around short term and vacation rentals in Miami and the City of Miami Beach


Summary of the City:

In Miami-Dade County, the cities of Miami and Miami Beach are showing considerable opposition to the short-term rental industry.  These two cities argue that the short-term rental industry is eroding the quality of life of their neighborhoods, posing safety hazards and causing noise disturbances.  Short-term rentals are illegal in almost all zones of the two cities, leading to pitched battles with the short-term rental industry. Miami Beach’s strict $20,000 fine for each illegal short-term-rental listing instigated an all-out brawl with Airbnb, including dueling advertisements and mudslinging from both sides. The adjacent city of Miami is in the middle of a legal battle with Airbnb. When the City of Miami tried to crack down on illegal short-term rentals, it was promptly sued by Airbnb, and a judge issued a temporary injunction against the city enforcing its rules.



Main Takeaways:

    • Short-term rentals are illegal in Miami, and in almost all of Miami Beach, except for a few areas.
    • The fine is $20,000 for hosts violating short-term rental regulations in Miami Beach.
    • While short-term rentals are illegal in the City of Miami, the city is being sued by Airbnb and is currently under court order not to enforce its regulations while the lawsuit is underway.

 

Popular vacation spots Miami and Miami Beach have taken a stand against short-term rentals, resulting in an ongoing war with the industry.

In Miami Beach, short-term rentals are illegal in almost the entire city, except for a stretch of Harding and Collins Avenues; in addition, single-family homes in Miami Beach are not allowed to participate in short-term rentals, no matter their location.  Locals have complained that the transient renters often leave units in disrepair, pose unsafe conditions for nearby residents and use the rentals as party houses for their Miami Beach vacations.  In a dramatic effort to stem illegal short-term rentals, Miami Beach increased the penalty from a previous cost of $500 to $7,500 to $20,000 in March 2017.  The City’s mayor, Philip Levine, is a strong supporter of the measure and feels that the fines can be even higher, that they are not enough. Miami Beach has fined residents and rental companies themselves — including Airbnb, HomeAway and Booking.com — a combined $4 million.

Although Airbnb has approached the city many times about a compromise, the City has demurred. The fines are endorsed by the Greater Miami & The Beaches Hotel Association, which has worked closely with the city to stop the illegal rentals. For those operating in the legal areas of the city, homeowners have to submit an affidavit to the city affirming that their property lies in an area approved for short-term rentals and that they have obtained a business tax receipt and resort tax account. They will also need to show that their condo association allows short-term rentals.

In neighboring Miami, all short-term rentals are illegal.  In March of 2017, the city reiterated its regulations banning short-term rentals, spurred in part by Mayor Regalado’s conviction to vigorously enforce its rules.  Regalado believes the short-term rental industry is a nuisance, and city commissioners related they backed the action to protect single-family neighborhoods. In response, Airbnb quickly sued, and a court temporarily blocked enforcement of the ban on short-term rentals, saying that it violated Florida state law that prevented new laws from prohibiting short-term rentals.  The case continues in litigation.        



Is my STR legal?

    • All short-term rentals are illegal in Miami, although the city is temporarily blocked from enforcing this rule.
    • In Miami Beach, they are illegal except for two stretches of two streets.
    • For those few exceptions in Miami beach, homeowners have to submit an affidavit saying:


     1. The property is an area approved for short-term rentals

     2. The host has a business tax receipt and a resort tax account

     3. If in a condo, that their condo association allows short-term rentals


A short-term residential rental requires either a Conditional Use Verification (CUV) or a Special Use Permit (SUP) from the Planning Department.

  • Depending on the size and location, a Conditional Use Verification may be issued if it is owner occupied and has no more than 3 bedrooms (the number of bedrooms is that shown on the Clark County Assessor’s records) and is at least 660 feet from any other short-term residential rental.
  •  If a property is not eligible for a Conditional Use Verification, the owner must apply for a Special Use Permit. A Special Use Permit requires notification of neighboring property owners and a two-part hearing process before the Las Vegas Planning Commission and the Las Vegas City Council.  Application for a SUP is $1,030.
  • After a CUV or SUP has been obtained, an inspection of the property will be conducted.
  • A license must be obtained for all short-term rental residences.


Click here
 to view our nation-wide regulation map that lays out all of the legislation in each major city and the procedures to take to ensure your STR is legal.



Resources:

City of Miami Beach Mayor and Commissioners: http://miamibeachfl.gov/elected/

City of Miami Officials: http://www.miamigov.com/home/cityofficials.html



Sources:

Herrera, C. (2016, November 27). How $20,000 fines have made Miami Beach an Airbnb battleground. Retrieved from http://www.miamiherald.com/news/business/biz-monday/article117332773.html


Kallergis, K. (2017, March 23). City of Miami passes Regalado’s resolution, could sue platforms like Airbnb. Retrieved from https://therealdeal.com/miami/2017/03/23/city-of-miami-passes-regalados-resolution-could-sue-platforms-like-airbnb/


Miami Beach. (n.d.) Practice Safe Renting. Retrieved from http://miamibeachfl.gov/planning/scroll.aspx?id=69472

Nehemas, N. (2016, October 15). Miami Beach wants to know if you’re renting your condo on Airbnb. Retrieved from http://www.miamiherald.com/news/local/community/miami-dade/miami-beach/article121157223.html

Scicchiatano, P. (2017, April 19). Airbnb: Judge temporary blocks Miami banning short-term rentals. Retrieved from https://patch.com/florida/miami/airbnb-judge-temporarily-blocks-miami-banning-short-term-rentals