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City
wins transient rental decision
KEY WEST -- The city
won another legal challenge to an ordinance that regulates the short-term
rental of homes to vacationers.
Florida State Division of
Administrative Hearings Judge Robert Meale Monday recommended the Department
of Community Affairs uphold the city's transient rental ordinance, saying it
is consistent with the Principles for Guiding Development in the city of Key
West Area of Critical Concern as is set forth in Florida law. The decision
in favor of the city was in the so-called Abbe case, which dates back to a
challenge by John Abbe, who has since sold his property and voluntarily
dismissed his claim.
Since the mid-1990s, the
city has tried to stop the renting of unlicensed rooms and homes to
vacationers for less than 28 days.
According to city code, an
illegal transient rental is any residential rental less than 28 days located
in a zoning district where short-term rental is prohibited. The short-term
rental of a residential property is considered a business activity that
requires the property owner to obtain a transient-rental, occupational
license issued by the city.
Many believe the growth of
illegal transient rentals has cut sharply into the availability of
affordable rentals for local workers.
Abbe challenged the city
law on the grounds it is inconsistent mostly with economic development
issues and does not protect the "value, efficiency, cost-effectiveness and
amortized life of existing and proposed major public investments."
But Meale wrote in the
recommendations conclusion: "To the very limited extent that Ordinance 02-6
has a material bearing on any of the Principles [for Guiding Development in
the city of Key West], it is consistent with these principles."
Lee Rohe, attorney for the
intervenors of the Abbe case, Truman Annex Residents Inc., said Monday's
recommended order now goes to DCA, which has 90 days to process its final
order. So far in the transient rental debate, the department has sided with
city restrictions on transient rental use.
"We want this final order
to come down before season starts," Rohe said, "because that is when all the
abuses take place."
Jeffery Bell, attorney for
the petitioners in the case, said Tuesday the next step is for Meale's
recommendation to be sent to the DCA secretary, at which point both parties
can file exceptions to the recommendation. Then the department issues a
final order accepting or rejecting the judge's recommendation.
If Bell loses the final
order, he said he will appeal Abbe to the state appellate court.
ghaller@keysnews.com
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