Protect neighborhoods, not vacation rental profiteers

Super Bowl week may have brought big money to South Florida’s economy, but it also caused problems for Miami Beach.

In the days before and after the game, code compliance officers levied $168,000 in fines related to illegal vacation rentals in the city. According to a Miami Herald report, a landlord was fined $100,000, his fifth violation. A woman renting a condo illegally advertised the unit on Airbnb to Super Bowl fans. The owner was fined $1,000.

Local officials in Florida’s tourist areas are constantly scrambling to monitor short-term rentals. Cities and counties must allow these rentals, but they set regulations designed to prevent residential properties from operating as businesses and destroying the character of neighborhoods.

Now, as part of its regular attack on autonomy, the Florida legislature is considering bills that would prevent local regulation of vacation rentals. Instead, the state would impose one set of rules across Florida.

Additionally, the state would regulate any advertising for short-term rentals, which are defined as condominium units or single-family homes rented more than three times a year for less than 30 days or a month at a time, depending on the period. the shortest. The legislation would not apply to timeshare properties.

Senate Bill 1128 and House Bill 1011 were passed by two committees in their respective chambers. They would eliminate local vacation rental regulations passed since June 1, 2011. Although cities and counties can pass new rules, they would have to apply to all residential properties.

Sen. Manny Diaz, R-Hialeah, sponsored SB 1128. He said the last provision would be enough to satisfy local governments. Mayors across the state disagreed.

Sarasota Mayor Jen Ahearn-Koch told a Senate committee hearing that the abuse of vacation rentals “has been devastating to our communities.” St. Augustine Mayor Tracy Upchurch said short-term rentals “threaten the livelihoods” of many neighborhoods in this historic city. The Florida League of Cities opposes the legislation.

Residential and commercial areas are zoned this way for a reason. When an owner transforms a residence into a business, this use is incompatible with the neighborhood. It used to happen with sober and squalid home operators — especially in cities like Delray Beach — buying multiple houses on the cheap after the Great Recession.

Many adverse effects ensue, such as traffic and noise. Even local ordinances can be difficult to enforce. The League of Cities cites the case of Lighthouse Point. There is a noise ordinance, but absentee landlords may not be aware of it and do not tell their tenants. If the police respond, a new group of tenants could arrive the next day. Responding to noise complaints keeps officers away from bigger problems.

Airbnb and its competitors aren’t the only ones asking lawmakers to preempt local control. In fact, most of those supporting the legislation have a financial interest in letting vacation rentals operate as freely as possible.

Diaz says his bill would strengthen the “partnership” that exists between the state and the vacation rental industry. In an opinion piece, Diaz said the industry brought in $1.2 billion for the state and many visitors who otherwise wouldn’t have come. These numbers, however, came from Airbnb.

Diaz further asserted, “Property rights matter.” He was speaking on behalf of landlords who told lawmakers they should be able to do whatever they want with their properties.

But what about the “right” of owners to preserve the character of their neighborhoods and buildings? Big investors have jumped into the vacation rental market, buying up so many condos in some areas that the buildings are essentially hotels. That’s a far cry from Airbnb’s original mission, which was to allow landlords to rent guest rooms.

Relevant portions of the House and Senate bills apply new regulations to the advertising and operation of vacation rentals. Among other things, they would prohibit landlords from discriminating. While landlords may refuse to allow smokers or young children, they must otherwise follow federal law. In 2016, a Harvard Business School study found that Airbnb users with African American-sounding names were less likely to be accepted as renters than users with white-sounding names.

Then there is the problem of fraud. A study by the Better Business Bureau found that 43% of properties advertised online as vacation rentals were “false listings”. This “upscale tropical themed” condo may be something less. Scammers also have targeted users.

Legislation that would only make the advertising of holiday rentals more honest and require the registration of properties would be favorable to consumers. Instead, Tallahassee wants to impose a one-size-fits-all solution to a problem that is very different in Fort Lauderdale than it is in Bartow.

Problems in neighborhoods require local solutions. Lawmakers should protect neighborhoods, not vacation rental profiteers.

Editorials are the opinion of the Sun Sentinel Editorial Board and written by one of its members or designate. The Editorial Board is made up of Editorial Page Editor Rosemary O’Hara, Sergio Bustos, Steve Bousquet and Managing Editor Julie Anderson.