Miami-Dade County recently passed a new ordinance targeting vacation rentals, which would affect hundreds of active short-term rental properties including those listed on the popular websites AirBnB, HomeAway, and VRBO. This ordinance comes on the heels of several months of sparring between the City of Miami and AirBnB. Earlier this year, AirBnB sued the City over its regulation of short-term rentals. The new ordinance, which goes into effect 3 months from the date of passage (October 17, 2017), establishes zoning regulations for vacation rentals in the unincorporated areas of the County. Those seeking to rent their properties on a short-term basis will have to obtain a certificate of use, among other requirements. Vacation rental properties will also be subject to an inspection to ensure compliance with all applicable code requirements.
The new ordinance also imposes standards that vacation renters must abide by, including noise restrictions and regulations regarding signs, parking, and pets. The ordinance also limits the extent to which a property can be rented out. For example, it limits the maximum number of renters who can stay overnight (meaning from 10 p.m. to 7 a.m. the following day) to two persons per bedroom, plus two additional persons per property, up to a maximum of 12 persons per property (excluding children under three years old). Additional limitations are set forth in the ordinance that will limit people from renting out rooms or homes to the same extent as before. For example, one of the two following conditions is required: either (a) whoever is listed as the “responsible party” for the property on the certificate of use must occupy the site the entire time it is rented out, or (b) the property must be used as a residence of the responsible party for more than 6 months out of the calendar year. Click here for a copy of the ordinance and related memoranda.