Marco Island Facing Lawsuit Over Short-Term Rental Registration Rules
As Naples/Marco Island is ranked as the sixth wealthiest statistical area in the country, and as its population doubles in the winter months, it’s no wonder that some of its residents want the opportunity to rent out their homes at exorbitant rates. But many residents object to this practice, citing the transient nature of the renters who don’t always conform to the well-heeled social contract of the community (loud parties, loud music etc.).
The governing entity of the island passed an ordinance requiring single-family homeowners who rent out a property for less than thirty days to be registered with the city and conform to a series of stringent regulations.
As a result of the regulations, the Florida Association of Realtors filed a lawsuit against the city of Marco Island, claiming the regulations are illegal.
Specifically, they claim the illegal aspects of the regulation includes:
- The vacation rental ordinance only applies to single family homes in the residential (RSF) zoning, making it an Equal Rights violation.
- The noise ordinance is unreasonable when it calls for no noise to be heard within 50 feet during the day and 25 feet at night.
- It requires annual fire inspections and exorbitant insurance policies, not required in homes rented for more than 30 days or for homeowners.
Further, the lawsuit argues that local governments may not enact ordinances that prohibit vacation rentals or regulate the duration of these rentals. The lawsuit also argues that the regulations violate multiple provisions of Florida state law in that it authorizes magistrates to impose penalties without warning to the property owner. The regulations do not provide a pathway for the property owner to remedy the violation and avoid penalties.
It is also being challenged as unconstitutional and "depriving homeowners of the economic value and the reasonable and beneficial use and enjoyment of their properties".
On the other side of the coin, Ed Issler, who spearheaded the ordinance, says he is confident the lawsuit will be dismissed.
“There’s now over 100 cities and counties in Florida that have rental registration programs,” Issler stressed. “Some are less stringent, and some are more stringent. This ordinance they are suing to stop the implementation of, was voted on by the City of Marco Island.” The vote to impose the ordinance passed by a comfortable margin.
While the lawsuit seems to have reasonable arguments, so does the city of Marco Island. After all, many other localities have similar ordinances, and it was voted on. It seems both sides have good points.