Talk of The Villages Florida

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-   -   Newest NY AirBnB regulations (https://www.talkofthevillages.com/forums/villages-florida-non-villages-discussion-93/newest-ny-airbnb-regulations-343898/)

TeresaE 09-06-2023 05:50 AM

Look to the City of St Augustine
 
Quote:

Originally Posted by Normal (Post 2253248)
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

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.

Randall55 09-06-2023 05:58 AM

Quote:

Originally Posted by kitnhead (Post 2253449)
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.

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.

golfing eagles 09-06-2023 06:03 AM

Quote:

Originally Posted by Randall55 (Post 2253457)
It Just 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 BBB 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 fights 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.

ithos 09-06-2023 06:12 AM

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?

Normal 09-06-2023 06:13 AM

Limited But
 
Quote:

Originally Posted by Bill14564 (Post 2253400)
Local authorities are limited by state law. Read post #20 and the Florida statutes.

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.

Randall55 09-06-2023 06:28 AM

11
Quote:

Originally Posted by golfing eagles (Post 2253459)
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.

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.

jojoturf 09-06-2023 06:29 AM

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.

TeresaE 09-06-2023 06:29 AM

Quote:

Originally Posted by BrianL99 (Post 2253385)
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

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

Bill14564 09-06-2023 06:42 AM

Quote:

Originally Posted by TeresaE (Post 2253476)
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.

golfing eagles 09-06-2023 06:46 AM

Quote:

Originally Posted by Randall55 (Post 2253473)
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. We're 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.

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.

Bill14564 09-06-2023 06:51 AM

Quote:

Originally Posted by Randall55 (Post 2253457)
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.

1. How do AirBnBs cost cities money? Bringing tourists to town, making them happy with their accommodations, and leaving money in their pocket to spend on the local economy (the reason they came in the first place) hardly seems like costing the city money. If the state runs on tourist dollars then making it more difficult for the tourists to visit seems counterproductive.

2. In what way does allowing someone to stay in a home represent lining your pockets at the expense of others?

To me, rental properties seem to boost the local economy. Tourists come to town and spend money. If they stay in a home in the Villages then the local grocery stores, restaurants, and gas stations get some of their money. If some homes are purchased for rentals, taking them off the market, then more homes need to be built for those who want to live here thus increasing construction activities and associated jobs. Tourists bring money, that was one of your points, why is the money from the short term renter in Sumter county less desirable than the money from the Orlando hotel dweller?

Bill14564 09-06-2023 06:59 AM

Quote:

Originally Posted by golfing eagles (Post 2253483)
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.

I wonder if maybe that is why some believe there is an uptick in rentals here. People will still come to Disney, Universal, and Seaworld regardless of local accommodations. But, if they can't find desirable rooms close then they will travel farther... and bring their wallets with them.

We dread snowbird season with all the people, crowds, and lines but I bet the restaurants don't. I bet the restaurants are happy to have the customers. Orlando may feel it has solved its short term rental "problem" but the local businesses may not be happy about that. I don't know and I'm not going to do the research to find out but I do wonder about it.

MandoMan 09-06-2023 07:15 AM

Quote:

Originally Posted by Normal (Post 2253248)
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

We should do that here, too. Better now than after if gets worse. This is from the Sept 5 New York Times article: “ For years, the city has maintained that existing laws preclude people from renting out homes to guests for less than 30 days, unless the host is present during the stay. The city also asserts that no more than two guests are allowed to stay at a time, and that they must have ready access to the entire home. . . . The new regulations, which the city will begin enforcing on Tuesday after a series of court challenges, require hosts to register with the city to be allowed to rent on a short-term basis. . . . In order to collect fees associated with the short-term stays, Airbnb, ****, Booking.com and other companies must check that a host’s registration application has been approved. Starting Tuesday, hosts who violate the rules could face fines of up to $5,000 for repeat offenders, and platforms could be fined up to $1,500 for transactions involving illegal rentals. . . . City officials estimated there were roughly 10,800 Airbnb listings as of March 2023 that were illegal short-term rentals. They have argued that renting those homes to tourists and visitors instead of New Yorkers exacerbates the city’s acute housing shortage and makes it even more expensive to live here. Residents who live in buildings with short-term rentals have complained that transient guests bring a greater risk of crime, excessive noise and cleanliness problems.“

Note that if we had rules like that here, it would not affect monthly or longer rentals. Short term rentals would also be allowed for those coming in for a lifestyle visit, but only if the owners of a home registered the house for that purpose with The Villages. This would have nothing to do with your family coming for a visit. I doubt that this would get passed here, though.

Randall55 09-06-2023 07:16 AM

Quote:

Originally Posted by golfing eagles (Post 2253483)
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.

I agree. The Villages is probably not going to be the major fighter to stop STRs. But, if larger cities like Miami and Orlando do fight against them, it will probably follow suit here and throughout Florida. We are an hour or two from Orlando, Daytona, Tampa, St Augustine, Jacksonville, Pensacola, and Destin. Our location makes it very attractive for investors. Some politicians may decide controlling STRs here is a necessity. I can see it happening and will not be surprised if it does.

golfing eagles 09-06-2023 07:17 AM

Quote:

Originally Posted by Bill14564 (Post 2253485)
1. How do AirBnBs cost cities money? Bringing tourists to town, making them happy with their accommodations, and leaving money in their pocket to spend on the local economy (the reason they came in the first place) hardly seems like costing the city money. If the state runs on tourist dollars then making it more difficult for the tourists to visit seems counterproductive.

2. In what way does allowing someone to stay in a home represent lining your pockets at the expense of others?

To me, rental properties seem to boost the local economy. Tourists come to town and spend money. If they stay in a home in the Villages then the local grocery stores, restaurants, and gas stations get some of their money. If some homes are purchased for rentals, taking them off the market, then more homes need to be built for those who want to live here thus increasing construction activities and associated jobs. Tourists bring money, that was one of your points, why is the money from the short term renter in Sumter county less desirable than the money from the Orlando hotel dweller?

You didn't really ask that, did you????? The Orlando "hotel dweller" doesn't have NEIGHBORS in a 55+ RETIREMENT COMMUNITY. They don't block neighbors driveways, if the let their teens run wild it isn't on a neighbor's property, and they are staying in a hotel---a building and area specifically designed for vacation stays.

Full disclosure---do you own a STR???


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