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"A state law could force the city (Lake Worth) to enforce a 60-day minimum stay on
vacation home rentals, even though commissioners favor a shorter minimum
stay of two weeks or so for homeowners who want to rent to tourists."
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John Rinaldi, local owner of a bed and breakfast in Lake Worth says, "...We have a situation where investors are coming into the city and buying homes In Residential neighborhoods, getting a rental license and renting them out on a nightly basis. Some are charging as little as $60 a night and others are $175 or more a night. Our code limits house rental to no less than 60 days. Vacation Rental owners have threatened to sue the city if we enforce our code. State law has deregulated vacation rentals but allowed towns with laws on the books like Key West to keep their rules. You can't make any changes to the laws that are grandfathered without losing the right to regulate.
So the city is faced with either enforcing our 60 day law or totally deregulating rentals. If we go the route of deregulation anyone in the city can rent their home for as little as one night. Currently there are over 30 homes doing this. The property across the street from the Mango Inn rents for 3 nights. These are lodging businesses in our historic neighborhoods that are free to do what they want."
Again, this is about people who do not respect our laws and challenge us at every opportunity. Think billboards. Frankly, I have had about enough of them. Some people are of the mindset that you should be able to do anything you want with private property. We say, follow the law and a 60 day minimum is more than reasonable.
Mayor Pam Triolo suggested a two-week minimum stay for vacation rentals during a March 14 workshop and noted that the owners should obtain business licenses and pay bed tax as other innkeepers do.
ReplyDeleteHow come I'm not surprised? Let's just change our laws on the books to accommodate rule breakers. It is the easy thing to do.
Hey can we get any help from Jeff Clemens on this one?
ReplyDeleteThe mayor and the commission were advised by our attorney that there was no legal way to start a two week minimum as the new state law prevents any change in our existing code without losing the right to restrict rentals. So we either stay with 60 days or go to no limit. That would mean that anyone in the city could start renting their home on a nightly basis. We actually have a number of homes renting for two and three nights.
ReplyDeleteOur city attorney said
ReplyDeleteAssistant City Attorney Barbara Alterman suggested three options to commissioners:
— Enforce the 60-day minimum stay and expect legal challenges from owners of vacation homes.
— Adopt changes to the city code and let the courts decide whether they’re enforceable.
— Obey the state law and allow vacation home rentals to continue essentially unregulated.
This city commission is so afraid of law suits and never stand up for what makes sense. We have over 60% rentals right now and Triolo wants to make this situation worse.
The City Attorney did not say to adopt changes to the code and see if they are enforceable. What she said was that we can adopt a new vacation rental ordinance with all sorts of rules but we could not regulate the length of a stay. The only way to control the length of stay is to enforce our 60 day rule. This is all or nothing. We either have a 60 day minimum residential rental policy or no minimum a all. The mayor said that she did not favor nightly rentals. What the attorney did recommend was that the city file an action with the court asking the court to declare our 60 day minimum legal under the new state law. This would not cost a great deal and it would clear up the issue. The commission has asked that the attorney report back on the cost of this procedure. You should also know that Commissioner McVoy was the only commissioner who was in favor of unregulated vacation homes and even asked if we could just ignore our law and let the homes continue renting the way they do. He had no problem with letting these homes rent on a nighly basis even after he was told that code enforcement would be powerless to deal with code issues as it takes days to start a case and by than the tenant would be out of the property. I guess McVoy forgot that he took an oath to uphold the laws of the city.
ReplyDeleteYOU, SEEM TO MISS THE POINT. THAT MANY OF THESE HOMEOWNERS ARE ONLY TRYING TO HOLD ON TO THERE HOMES, THEY GO NORTH TO FAMILIES OR RENT LOCALLY AND RENT THIER HOME TO PAY THE MORTGAGE, INSURANCE AND TAXES, PLEASE LEAVE THEM ALONE. DON'T ATTACK THEM OR MAKE THEM CRIMINALS.
ReplyDeleteI don't see where this commission wants to do anything about the immigrant situation and 20 people in a house. If the commission caves in, our over-crowded conditions will intensify. Once the economy turns, we will be getting more illegals here.
ReplyDeleteJohn, this just shows that I don't agree with any commissioner 100% of the time.
ReplyDeleteI have to ask you, how do your NO friends think about this situation?
@10:53--NO point is missed, anonymous. People must live within our ordinances and laws.
ReplyDeleteThe ONLY point that you should be considering is to enforce our laws on this.
The real issue is how would you like to live next to an active vacation rental home that rents out each weekend to new people during off season and all the time during high season. Parties and spring breakers have a good time at 2 a.m. Remember, they are on vacation. Most people buy a home and expect their neighbors to live next door or if it is rented that the tenants stay at least a year. These properties are businesses. The people coming and going have no credit checks or background checks. They are there for a few days and they leave. Any home in any of our neighborhoods could become an active business. The 60 day rule was put in place to keep our neighborhoods residential. I don't think it's fair to allow businesses in residential neighborhoods. Someone can invest in one of our historic neighborhoods, buy 10 homes and have a hotel business with folks coming and going all the time. Who would want to live there. Those renting to illegals could now say they are vacation rentals and code would be powerless to stop it. This could be one big mess if we allow our 60 day law to end.
ReplyDeleteEnforce our code. I am with JOHN and Lynn on this. We will never be able to clean up this city if this sort of thing is allowed. WTF is the commission thinking?
ReplyDeleteJohn, i didn't hear much from you on the rehab houses all over Lake Worth. I guess it's just those businesses that compete with you are the real problem. By the way i haven't
ReplyDeleteheard about spring break, loud parties or all the other things
you are bring up.
John, I totally agree with you . We must enforce our 60 day rule, or we will have to live with the consequences.It's not perfect,but it's all we've got.If people don't want to follow our laws, let them go through the expense of a trial. When the city wins a couple, plus hits the losers with court costs, the word will spread that Lake Worth is one city that will not condone this kind of con game.I certainly would not want to live next door to a single family home that has God knows who or what coming and going ! Mcvoy is one vote. How do your majority friends on the Commission feel about this? Katie Mcgiveron
ReplyDeleteKatie, they would like to work out a compromise but realize that we are between a rock and a hard place. I think most of them wish we would just stop talking about it. When we found out (Mango Inn) that houses were renting nightly and saw some our past guests staying in the for as little as three nights we were pissed. I filed a code violation and now staff needs to know what to do. The commission is hedging but they have all taken an oath to uphold the law. You can't make exceptions. They are getting strong political pressure from the vacation rental folks and residents need to start speaking up so they hear all sides. When we left the commission chambers after the meeting one vacation rental owner asked me why I was trying to put her out of business and I responded: what are you doing running a hotel business out of a private home. I paid for my business. You just purchased a house. She doesnt even live in the city and owns four houses here.
ReplyDeleteHow are these business operating unregulated in our single family home districts when those of us who are landlords and who are already complying with the City's myriad of regulations and licensing getting hassled by code.
ReplyDeleteI've learned that code only bothers those of us that are already in compliance with code. So its not surprising that homes are being rented out with no regulation because code only regulates and enforces against those already in compliance.
IMO, there should be NO compromise.
ReplyDeleteI am a no voter and a Lk Worth busnessman. We have to support and police the sixty day rule. We cannot allow people to opperate without licenses, permits, insurance, it may make the city liable. We must protect neighbors who are impacted by this. I support John on this even though he is a "know what you oughta do" type and is always busy when you need a volunteer. As for Katie, she is so bitter she doesnt see that the commission is out of favor with both sides.
ReplyDeleteI almost did not allow the above. I do want to say this, however--Katie is NOT bitter in any way. She expresses her opinions and does so matter of factly. She is a happy, go lucky gal who is serious on LW issues and speaks out.
ReplyDeleteNot all people have the time to volunteer. A B&B is a a 24/7/365 business. There are 35,000 people in this city--find one of them. John volunteers his time as Chair of the P&Z. You are way too critical.
ReplyDeleteWhat is an Enterprise Zone?
Why is this OK to bring businesses in
a residential area for a GRANT, but
a resident isn't allowed?
Do We ALL obey all the laws?
Then WHY does the city 'exempt' themselves from compliance?
(1.8.13 Pg. 162 Line 127-132)
If the city does it, how can you tell a citizen (Whom the gov was created for) not to do it?
Simple game of follow the leader!
One on the dais has their family visit and stay w/them because they let their LW rental go. According to all our lovely laws if this 'guest' buys food, makes a repair or pays a bill to 'help out' it's no longer your private home to do what you want with it, no? Get an inspection and Use and Occupancy Certificate? Lead by example and if I am not allowed - neither should YOU!
Interesting action taken for "Economic Development"
An apt. rental business
lost their tenant!
Did the city get their 'fee's'
or administer 'fines'?
Dear 3-26 1:41 pm who said 'I guess it's just those businesses that compete with you are the real problem.' Let's give John a little credit here. He is not an unfair guy. The 'real problem' is the city has a hard time enforcing it's own rules.
ReplyDeleteWonder why you see it as an issue, John you are living in your South Palm Beach condo, and not in your bed and breakfast in Lake Worth. You are essentially an absentee owner operating a nightly vacation rental business while not on the premises.
ReplyDeleteWhat I have to wonder is why you DON'T see it as an issue. You must have rental property in LW. John Rinaldi spends his working day here in LW and until a year or so ago, lived here too. His personal situation is totally different.
ReplyDeleteThe problem is that LW has become ONE BIG RENTAL and this has caused huge problems for our city. These people are operating commercial businesses in residential neighborhoods and they DON'T live in LW and obviously could care less just as long as they make an income. If we don't want MORE rentals, it's best to enforce our code on the books--but then, that's an ideal goal 365 days a year.
Here in my community we do NOT want a transient community. We have tight restrictions on rentals and everyone is happy and it is all working out.