Hey Everyone - @Leanne172 @James---Michael0 @Shanan1 @Lorena525 @Linda705 So here's what I finally figured out yesterday after trackind down ms Cohen. There was some odd language in the initial ordinance that they were trying to pass which has since been removed - and the version that got approved in Nov. does NOT have anything to do with length of stay. Ms. Cohen was actually super nice and had already written a letter to Viviana ** at AirBnb (email: ** ) explaining everything to her. I'm going to paste the letter below. I think that the best thing right now to do is to a) open a ticket with AirBnB support informing them of this and b) sending an email to Ms. ** urging her to expedite things. You can receive a copy of the signed Village of Wellington Ordinance No. 2020-11 from the Village. Matt
LETTER SENT FROM MS. COHEN:
December 1, 2020
VIA EMAIL (**)
Viviana **
**
Dear Ms. Jordan:
The Village of Wellington (“Wellington”) has recently received a number of complaints from property
owners claiming that Airbnb has removed their listings in Wellington. According to the property owners,
Airbnb has advised them that the listings were removed in compliance with Wellington’s regulations. Though
I have not had an opportunity to communicate directly with a representative from Airbnb, I believe that the
information being disseminated by Airbnb is based on a misunderstanding of Wellington’s vacation rental
ordinance. By way of this letter, I would like to provide Airbnb with a copy of Wellington’s vacation rental
ordinance and clarify the scope of the regulations.
On August 25, 2020, Wellington’s Council adopted Ordinance 2020-11, amending Table 6.2-1 and
creating section 6.2.2.A.5 of Wellington’s Land Development Regulations, which provides supplementary
regulations for vacation rentals (the “Ordinance”). A copy of the Ordinance is attached hereto as Exhibit A.
Under the Ordinance, a vacation rental is defined as “any dwelling unit or residence, including, but not
limited to, any single family or any unit or group of units in a condominium, cooperative, or apartment
building, that is rented in whole or in part, to a transient occupant, which is advertised or held out to the public
as a place that may be rented to a transient occupant . . . .” A transient occupant is defined as “any person who
rents or occupies any dwelling unit or part thereof for less than 30 days or one calendar month, whichever is
less, and any guest or invitee of such person.” The Ordinance goes on to provide general standards for vacation
rentals including, for example, maximum occupancy, overnight parking, swimming pool safety, pets, and
business tax receipt requirements. As part of an application for a business tax receipt, the Ordinance requires
an applicant to submit a Vacation Rental Affidavit that includes basic information about the property and an
acknowledgment that the property will be used in compliance with the vacation rental standards and all other
applicable provisions of Wellington’s codes. Such requirements are consistent with Florida law, which
prohibits a municipality from banning vacation rentals altogether or from regulating the duration or frequency
of rental of vacation rentals. See Fla. Stat. § 509.032(7)(b).
Viviana **
www.wellingtonfl.gov
It is my understanding that Airbnb has decided that it will only allow Wellington property owners to
utilize its platform for rentals that exceed thirty (30) days and that Airbnb is informing its Wellington hosts
that this decision was made to comply with the Ordinance. Wellington acknowledges that Airbnb has the
authority to make any business decision that it deems appropriate. However, I want to clarify and emphasize
that the Ordinance does not place any limitations on the duration or frequency of vacation rentals and any
decision to limit the duration of vacation rentals in Wellington to those that exceed thirty (30) days is one that
rests solely with Airbnb (or the applicable third party platform).
If Airbnb has in fact made the business decision to prohibit the use of its platform for rentals of less
than thirty (30) days in Wellington, we would appreciate a statement from Airbnb clarifying its position.
However, if Airbnb’s restriction on Wellington rentals was based on a misinterpretation of Wellington’s
Ordinance, we ask that you issue a corrective statement to Wellington property owners.
If you have any questions
**Sensitive information removed for safety reasons
