Airbnb Wins Court Order Blocking Miami Ordinance

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By Alexis Kramer

The Florida Circuit Court has temporarily blocked the city of Miami from banning vacation rentals in residential areas, spokespeople for Airbnb Inc. and the city told Bloomberg BNA April 20 ( Airbnb Inc. v. Miami, Fla. Cir. Ct., No. 2017-008999, temporary restraining order granted 4/19/17 ).

The preliminary order is a win for the short-term rental platform, which has filed suit over a number of city ordinances around the country designed to regulate the industry.

Airbnb and five of its hosts alleged in an April 14 complaint that Miami sought to unlawfully ban short-term rental accommodations via a document that the city said interpreted its zoning ordinance. Florida law prohibits such a ban unless it is expressly included in a local ordinance adopted before 2011, the plaintiffs said. Miami’s zoning ordinance makes no mention of a vacation rental ban, they said.

Airbnb spokesman Benjamin Breit said the court April 19 upheld its request for a temporary restraining order against the city. “For now, they cannot enforce their short-term rental ban,” he said.

Miami City Attorney Victoria Mendez said the city was “disheartened” by the court’s ruling and will appeal. The ruling “disregards the City’s zoning laws that protect the sanctity of our residential areas,” she said.

To contact the reporter on this story: Alexis Kramer in Washington at aKramer@bna.com

To contact the editor responsible for this story: Keith Perine at kperine@bna.com

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