City of Miami Commission Orders Review of Short-Term Rentals
The Miami City Commission on September 10 adopted Resolution R-26-0371, directing the City Manager and City Attorney to produce a comprehensive review of vacation and short-term lodging across the city. The item, sponsored by Commissioner Damian Pardo, passed on an unopposed voice vote.
The resolution imposes no new requirements on operators. It directs the three deliverables:
- A legal report on September 24. The City Attorney’s office was directed to report to the Commission on the legal status of vacation and short-term lodging registration programs created in other jurisdictions after 2011, the year Florida preempted local governments from adopting new short-term rental restrictions.
- A comprehensive report within 90 days. The City Manager must deliver an inventory of pending violations and cases brought to hearing over the past two years in transect zones other than T3, together with a report on lodging in condominiums addressing state licensure, Certificates of Use, Business Tax Receipts, building permitting, complaint calls and investigations.
- Quarterly reports. The City Manager will provide ongoing reports to the Commission identifying condominium buildings with multiple violations.
City Manager to form enforcement task force
The City Manager announced he will establish a multidisciplinary enforcement task force drawing on code compliance, legal, fire rescue and police, with police and fire participation intended to capture calls-for-service data to identify problem properties. The task force is being created administratively and did not require Commission action. The City Manager indicated it would be operating within 30 days and reporting back after 60.
City Attorney: registry ordinance already drafted
During the hearing, the City Attorney’s office told the Commission that the City has drafted a registry program modeled on one underway in a West Coast jurisdiction, an approach the office indicated Airbnb currently supports. Counsel described the legal boundary: the City may proceed provided a registry does not impede short-term rentals in ways existing city law does not already impede them, and does not regulate what operators charge.
Counsel also told the Commission that the City’s legal position has clarified considerably since Airbnb’s litigation against the City, which produced a Third District Court of Appeal ruling upholding the City’s restrictions in T3 single-family zones.
Background
The review follows sustained attention to conditions at a Brickell condominium tower where a large share of units had been converted to investor-owned short-term rentals. In August, the City ordered the building to halt short-term rental operations, citing missing licenses and permits and an improper Business Tax Receipt. City records reviewed by CBS News Miami showed more than 120 short-term rental complaints filed with code inspectors since January, a dozen of which resulted in property liens.
Next Steps for GMBHA
GMBHA supports accurate data, consistent enforcement of existing law, and a level regulatory playing field for all lodging providers in the City of Miami. We will continue to engage with the City throughout this process to ensure the reports reflect the full picture, including unlicensed inventory, tax compliance, and life-safety and accessibility standards.