Newest NY AirBnB regulations
 

NYC has incorporated some great regulations to get a handle on VERBOs and AirBnBs. It’s a 5,000 dollar fine for getting caught without a license and none can be rented less than 30 days. When will we get something like that in The Villages? It would be a great way to get a handle on the STR problem.

Thousands of Airbnb listings in NYC face removal amid backlog: report

First, you would have to get the county to agree that there is a STR problem.

Then, you would have to get them to pass the ordinance.

Then, you would have to put the permitting, inspection, and compliance organization into place to include finding a source of funding.

Once all that is done, you will have to hope that your new rules that put strangers into the same home with no locked doors doesn't lead to newspaper headlines.

Seems fairly straightforward…thanks. The measure could be placed before voters, funding for enforcement could easily be a surplus in the budget through licensing/fines, and if there were issues with landlords having to reside during their “guests” stay, then many would decide not to rent. It’s a win/ win.

Funding for enforcement would never be a surplus. There couldn't be enough fees or fines to cover the administrative costs. Especially not since, if your plan works as desired, it will drive all rentals to close leaving an administrative staff looking to be paid but with nothing to administer.

If/when issues occurred, deciding not to rent would be closing the barn door after the horses got out. In our litigious society someone would come looking for money from whoever it was that created the situation that led to the issue. I'm surprised Orlando and NYC aren't concerned about this, just as I am surprised there apparently have not been any issues to report on.

The litigant would be the one who decided to rent. Of course they could sue the tenant, but why not go for the big fish? **** and AirBnB have deep pockets. Of course whether they won or not could depend on their choice to even start the process of renting out their home to begin with.

The litigant could be either party. AirBnB did not create the rules requiring cohabitation, the cities of NY and Orlando did. Renting was safe and legal until the new ordinances required unsafe practices in order to legally rent.

No, the cause or initial premise would be deciding to rent your home to strangers initially. Problems would be self inflicted. Philosophy 101, follow the argument tree to the initial premise. Maybe NYC and Orlando have great reason to not worry.

If the County wants to make rules regarding Air BNBs, they will do it. It doesn't need a referendum and a license is already required in Florida. No further steps needed.

What enforcement costs? You think they are going to pay someone to knock on every door? That is not how it works. For example, gun laws in Florida. No one strictly enforcing but it is a law. If you get caught, you pay the price. The same will be with Air BNBs. Most neighbors will report violators and that is how they will get caught.

Forgive me if I am skeptical of your knowledge of the law.

Have you looked at the NYC law that the OP is proposing to use as a model?

Funny how many people support capitalism until feathers are ruffled in their neighborhood.

Enforcement as easy as software
 

Using special software, the companies use short-term rental listings and other public records to identify short-term rental addresses and owners. These are then matched up with a city’s records to see which rentals are out of compliance or whether operators are dodging tax obligations.

Host Compliance, LTAS Technologies and STR Helper all do a great job looking 24/7 through databases for possible renters and even have fine/billing software. The great news is they can pull up an address flagged and calculate how many times a home was rented and for how long. It’s awesome!

Yes, let's model The Villages after NYC. I mean that's why we all moved here anyway, right?

I would be totally in favor of those regulations, especially no rentals shorter than 30 days. With county commissioners elections coming up, hopefully each candidate will be asked to take a position on their willingness to support such regulations. A candidate’s stance on restricting short term rentals would definitely influence who I would be willing to vote for.

How would the developer rent for a week, and also be on premises at the same time?
Something tells me that restriction won't ever happen here.

Apples and Oranges. The Developer is a business with a business license in the business of selling products as an end result. They aren’t in the mode of renting, but with the purpose to sell. In addition, the houses they rent for the lifestyle experience, were never sold to a private entity. They “developed” empty land that has never been sold as improved yet. Therefore they haven’t been transitioned legally to residential.

Either way though, the Developer isn’t the entire population of the county. If the people of the county don’t like the STRs, regulations can be made to make the situation better.

Just add wokeism……..and the state will take care of it.:duck:

wokeism definitely comes into play. It happens when Village’s homeowners are WOKEN up by noise from inconsiderate short term renters in the vicinity of their homes.

That was my point. Features are already in place. No need for a special enforcement team. I doubt the software can catch people who rent less than 30 days on and off. Neighbors reporting would help.

Every time the issue of Short Term Rentals comes up, all the Lawyer wannabees who have stayed at a Holiday Inn, come out of the woodwork.

Why not read some of the previous threads?

If you did, you would find the PURSUANT TO STATE LAW, city, towns & counties in Florida, can not regulate STR's.

Here you go:


In 2011, then-Gov. Rick Scott signed legislation that prohibited local governments from enacting any new law that restricted the use of vacation rentals, prohibited those rentals, or otherwise regulated them, giving that power to the state government.

That law “grandfathered” some 75 local ordinances already on the books, meaning they could remain in force. After pushback from cities, the Legislature reversed itself in 2014, allowing local governments to handle problems including noise, parking, and trash, but still preventing them from prohibiting or regulating the duration or frequency of short-vacation rentals.

FL Senate approves new short-term rentals law; “… the tool he’s giving the counties are a pair of handcuffs” | Florida | islandernews.com

Exactly!

And they can be “ungrandfathered” that’s the beauty of democracy. It is an organic process.

And they can always be regulated by local authorities.

Local authorities are limited by state law. Read post #20 and the Florida statutes.

I am not a lawyer wannabee but I do know new laws can be written, old laws can be modified or thrown out, and laws standing can be fought in a court of law. Anyone can place a bill into action. If it gets unanimous votes in Congress, it becomes a law. Welcome to our democracy where laws change all the time.

Do your research. Bills have been filed in the FL Legislature every year, to modify the STR laws & regulations. Most of them don't even make it to a vote.

The Florida Legislature is overwhelmingly Republican. Most STR's are investor owned and generate huge revenue for the State. It doesn't take a brain surgeon to understand why the law isn't going to change, anytime soon.

I did not put a time stamp on it. But, I do see Miami and Orlando fighting to get Air BNBs eliminated. They cost cities money while a few line their wallets. Once those cities fight, Air BNB is history in Florida. We are a state that relies on a tourist economy. Pretty sure many wish and will fight so this does not change.

Right. I’m trying to figure out what the problem is in the first place. How is renting an Air BnB different from a lifestyle visit? Let’s face it, only old people are interested in coming here to visit.

If only. Read the other threads on this subject and posts from those that live next door to one. 15 year olds running amok, drunken parties until 4 AM, cars parked blocking neighbors driveways, litter thrown all over the place. An Airbnb in TV is a lot cheaper than staying at a Disney hotel, so bring your kids and teens, trash the neighborhood, who cares?

A lifestyle visit is for eligible buyers usually 55+, not spring break.

I owned a co-op in New York and the HOA had a rule that I could not rent it out for less than 3 months at a time.
We did end up with two tenants that rented the apartment on a yearly basis.
That was over 15 years ago.
I'm sure there is a way that The Villages can set some type of standard without jumping through to many legal hoops.
Maybe laying out a rule for any new home buyer and having to grandfather any existing owner who uses the property as a rental.

Look to the City of St Augustine
 

There are Florida state laws that regulate short term rentals, but they mainly address the definition of a STR and business registration and taxes. Florida law allows cities and counties the ability to promulgate their own regulations. The City of St Augusta has done that. I’m not sure how successful their regulations have been, but it’s a place to start for researching enacting regulations in The Villages. I’m not sure if I can link to the City’s website, but those interested can google it. One more piece of unsolicited advice, do not suggest, mention or allude to anything similar to NY, California or anywhere beside Florida for suggestions on STRs in Florida. You won’t get past Go if you do. That’s just a reality. Don’t shoot the messenger.

¹Just like NYC (and many other cities around thé world), Florida relies on a tourist economy. It is the reason there is no state income tax. AirBNBs cost cities money and jeopardizes the taxes that need to be collected. A minority of people are lining their wallets at the expense of the majority. Not certain if Lifestyle Visit is different than an AirBNB. But, some people are using it as an excuse. "If so and so does it, then I can too!". 40,000 Air BNB rentals just went kaput in NYC. I expect the trend will follow throughout the world. With no warning, their means of making money is eliminated. It will be interesting to see if AIRBNB or Investment property owners fight this in court.

Just one question: What does a tourist economy (primarily out of state visitors) have to do with state income taxes which are imposed upon residents of that state????
And of course, NYC has a very high income tax----you not only pay the state, you pay the city as well. And even if you don't live in the 5 boroughs, you pay almost the same as a "commuter" tax.

Is STR only a concern south of 44? That has never been an issue in my area.

When did this start to become a problem in TV?

Limited But
 

Orlando passed a law requiring the landlord be living in the rental while renting their house out. They also defined maximum safe occupancy.

There is absolutely nothing wrong with requiring the landlord to be in the residence they rent out while their guests are there. It’s legal and makes the landlord 100 percent responsible instead of being an irresponsible leech milking off everyone else’s amenities.

11 I have lived in Florida all my life. I have been taught in High School and College that Florida has no state income tax because the state fills all of its needs through the tourist economy. If this fails, then Florida will have to collect a state income tax. It's been 40 years since I studied state and local government. Were all my teachers and professors guessing? Not sure! But, it is where I heard it. I never doubted their word and checked .I also remember quite a few politicians running for office promising to keep the tourist trade hefty to eliminate the need for a state income tax. (Read my lips! No new taxes!) Sorry, that's all I have on the subject. At least I"m honest. BTW, I was always a straight A student.

Sumter should contact Volusia County executives — they instituted a 30 day minimum a few years ago to ward off short term rentals. It seemed to be put in place quickly, can’t be that difficult to roll out.

That’s old. Under DeSantis, cities and counties can pass their own regulations. Look to the City if St Augustine as an example. Short Term Rentals | St. Augustine, FL

Please note that the St. Augustine ordinance acknowledges the restrictions of the Florida Statutes and tie the "new" St. Augustine limitations to ordinances that existed prior to 2011.

In other words, that wasn't old news and St. Augustine acknowledges as much.

I totally agree with that---the tourism dollars serve to keep our other taxes low and obviates the need for a state income tax. However, Florida had a healthy tourist industry and no income tax long before anyone conceived of an "Airbnb". I doubt stringent STR restrictions will collapse our tourist industry. And if so, Orlando is cutting its own throat with their new regs. Plus, TV is NOT Orlando, Miami, or NYC---we are PRIMARILY a 55+ RETIREMENT community, not a vacation destination---that is unless these cheap STRs go unabated.