I'm an attorney representing a property manager, who manages one property in a tourist town. The town, under its zoing odinance, prohibits advertising nightly rental unless they are licensed. My client was cited for violating this ordinance when the property owner allowed the license to lapse. I'm taking it to the state supreme court as a violation of the First Amendment and state law, in additin to numerous proecural due process violations against my client.
Does anyone have statistics on short term rentals/vacations rentals, and whether other places try to ban advertising? It's a different issue from regulating the actual use of the property, which I think is subject to reasonable regulation.
Naples, Fl tries to regulate vacation rentals under their Definition of Transient lodging facility. There is NO ordinance regulating Vacation Rentals, nor does this definition of Transiant Lodging facility include single family homes. However, from time to time, the City contacts owners telling them Vacation rentals are not a permitted use in their district and they are not allowed to advertise them for periods of less than 30 days. There is also no ordinance regulating how long you can rent a single family home. Single family IS defined in their code and is an allowed use in all residential districts. As you can see Single family IS NOT included in the definition below.
Transient lodging facility means a hotel, motel, motor lodge, tourist court, or similar building or group of buildings in which sleeping accommodations and sanitary facilities are offered to the public and intended for rental to transients with daily, weekly or seasonal charge. A transient lodging facility includes a unit, group of units, dwelling, building, or group of buildings, within a single complex of buildings rented to guests more than three times in a calendar year for periods of less than 30 days or one calendar month, whichever is less; or which is advertised or held out to the public as a place regularly rented to guests for periods of less than 30 days or one calendar month, whichever is less. It does not include condominium common elements. A transient lodging facility is distinguished from multifamily dwellings (such as apartments) where rentals are for periods of a month or longer and occupancy is by residents rather than transients.