New rules for short-term rentals are coming to Boynton Beach. Here's everything we know

Leaders in Boynton Beach estimate that hundreds of short-term rentals are operating in the city. Also known as vacation rentals, the homes are listed on popular websites such as Airbnb and Vrbo, and up until now, the city handled them just like any other rental property.

That longstanding practice is set to change in the coming months, after some residents complained about short-term rentals creating loud noise, overcrowded parking and a regular rotation of strangers in their neighborhoods.

"It’s a new neighbor every week,” resident Steve Homrich told commissioners, noting that traffic and piles of curbside trash now plague his family’s once-quiet neighborhood after the opening of a nearby short-term rental.

Boynton Beach is trying to gain some control on short-term rental problems like this one that are popping up around Palm Beach County. At this house, an out-of-control June 20, 2019, party on Anhinga Drive in Wellington was rented out as an Airbnb.
Boynton Beach is trying to gain some control on short-term rental problems like this one that are popping up around Palm Beach County. At this house, an out-of-control June 20, 2019, party on Anhinga Drive in Wellington was rented out as an Airbnb.

During a series of meetings the past eight months, commissioners also heard from people who advocated for short-term rentals. The supporters, many of them rental owners, argued that so-called vacation properties offer more than a place to stay on holiday.

They said short-term rentals are important to people who travel for work, including nurses, and to people who visit Boynton Beach to see their friends and family. The rentals also attract new customers to local shops and restaurants.

“Like many things in government, this is about a balancing act between two things," Mayor Ty Penserga said last month. "One, protecting private property rights and the rights of people to rent their property, but also to ensure that we protect the quality of life in surrounding neighborhoods."

What are the new rules governing short-term rentals in Boynton Beach?

Commissioners directed the city staff in November to create an ordinance specific to short-term rentals while also staying within the confines of Florida law.

State law prevents local governments from limiting the number of short-term rentals in their community. They can't use zoning to control where the short-term rentals operate, and they certainly can't ban them outright, leaving them with only basic regulations to choose from.

In mid-July, after several workshops and public hearings, the commission unanimously approved a new set of rules that are expected to go into effect Oct. 1, giving rental owners time to adjust.

Among other provisions, the new rules include:

  • Each short-term rental property must designate a “local responsible party,” a person the city can easily contact when emergencies or other issues arise. The person must be at least 25 years old.

  • The local responsible party has to live in Palm Beach, Broward or Martin counties, ensuring they can respond to problems within an hour. They also have to visit the property at least once a week to ensure it remains in good shape.

  • Each property will have a maximum number of guests, based on the number of bedrooms in the home.

  • Parking will be restricted to the driveway and other approved areas, ensuring vehicles stay off the grass, sidewalks and streets, unless the neighborhood has designated street parking.

  • If there are guests under the age of 21, there must also be a guest that’s 25 or older.

  • Short-term rentals will have to post key information in the home, including the city's trash-collection schedule and the location of the nearest hospital and police station.

Breaking the rules could result in a daily fine between $75 and $250 — subject to review by a special magistrate — for violations that continue after a warning is issued.

More: Some Airbnb hosts caught in county’s rental crackdown, losing thousands of dollars

The city also outlined one-time penalties that range from $250 up to a worst-case scenario of $15,000 for violations that are deemed "irreparable or irreversible," wording taken from a state statute.

“It would have to be really egregious for somebody to get to that point," Commissioner Aimee Kelley said. "And my position is, if the offense is bad enough or consistent enough to warrant such a fine, then we wouldn’t want them to continue being a short-term rental in our city.”

Boynton Beach stopped short of the more restrictive rules found in other cities

In the attempt to find middle ground between the rights of short-term rental owners and their neighbors, the city commission decided against some of the rules found elsewhere in Florida.

Boynton Beach studied about half a dozen other cities and found that a handful require short-term rentals to use hardwired smoke and carbon monoxide detectors. One city also required a landline phone inside the rental, allowing for quick contact with guests.

Commissioners said those requirements are outdated, pointing to the widespread use of cellphones and the availability of smoke detectors with 10-year batteries.

‘I almost had a heart attack’: Florida homeowners rattled by property insurance costs

Other tools, while not required in Boynton Beach, remain attractive to short-term rental owners who hope to enforce the rules and avoid complaints and fines. That includes the use of sound meters, which identify high noise levels before notifying rental owners of the raucous party unfolding at their property.

Speaking at a recent commission meeting, Elona Diamond said she was in the process of installing such meters at her short-term rental, adding to the background checks and other safeguards she already has in place.

"My family and I rent out our home as a way to subsidize the rising cost of insurance and life in general," she said. "I go above and beyond to maintain the integrity of my house, as well as my neighborhood."

Giuseppe Sabella is a reporter covering Boynton Beach and Lake Worth Beach at The Palm Beach Post, part of the USA TODAY Florida Network. You can reach him at gsabella@pbpost.com. Help support our journalism and subscribe today.

This article originally appeared on Palm Beach Post: New rules coming for Airbnb and short-term rentals in Boynton Beach