STR owners file federal lawsuit against FL gov actions

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STR owners file federal lawsuit against FL gov actions

Kerry BairdPro Member
Rental Property Investor · Melbourne, FL · Member since 2011 · 3k+ posts · 2k+ votes

News for FLorida STR owners: "The lawsuit "seeks to protect and vindicate fundamental liberties that citizens of the United States enjoy free from government interference" and asks a federal judge to issue a temporary restraining order or injunction prohibiting enforcement of the governor's order.

DeSantis issued a March 27 executive order that blocked people from renting vacation properties during the public health emergency, but he allowed hotels, motels, inns, resorts and time-share facilities to stay open.

DeSantis said the vacation-rental ban was necessary to discourage people from other states, such as COVID-19 “hotspots” Louisiana and New York, from traveling to the Sunshine State and spreading the highly contagious disease. The ban, which also prohibited advertising of rental opportunities during the duration of the order, includes an exception allowing vacation rentals for military, emergency and health workers.

The executive order was set to expire, but the governor last week extended the vacation-rental ban indefinitely.“

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Mike V.
Rental Property Investor · Campbell, CA · Member since 2017 · 419 posts · 499 votes
6y

They governor of hawaii has essentially done the same here.

I fully support this lawsuit, only because we’re being singled out. With hotels, motels, etc being allowed to stay open it feels like we’re being targeted unjustly.

Close them all (like restaurants) or close none. Consistency is important.

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  • Luke CarlPro Member
    Rental Property Investor · Tennessee Florida · Member since 2016 · 4k+ posts · 5k+ votes
    6y

    I’m playing ball. People are begging to rent my Destin home. I’m doing what I think is right and telling them no. I do not think the order is right and I support the lawsuit. 

    Podcast Guest on Show From Surviving on $30/Day to 30+ Properties Thanks to Blue-Collar Skills
    4Reply
  • Cheryl Schlehuber
    Investor · Saint Ignace, MI · Member since 2015 · 27 posts · 13 votes
    6y

    Same in Michigan....  Lot of people taking BIG hits in this business, I'm just grateful we still have semi winter and I've had to keep someone on full time just to handle cancellations through this spring and summer season and stay on the phone all day with Air B&B and VRBO issues to get cancellation fees back. It's not pretty.   Can imagine it's much worse in the south where they have summer weather now.

    2Reply
  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    6y

    I don't see this going anywhere.

    The government will argue they are protecting their citizens and following federal guidance.

    That would also mean all the restaurants could sue along with anyone else out of work.

    Might force them to speed up reopening, which could be good or could be bad if this causes a large second wave.

    2Reply
  • Mike V.
    Rental Property Investor · Campbell, CA · Member since 2017 · 419 posts · 499 votes
    6y

    They governor of hawaii has essentially done the same here.

    I fully support this lawsuit, only because we’re being singled out. With hotels, motels, etc being allowed to stay open it feels like we’re being targeted unjustly.

    Close them all (like restaurants) or close none. Consistency is important.

    5Reply
  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    6y
    Originally posted by @Mike V.:

    They governor of hawaii has essentially done the same here.

    I fully support this lawsuit, only because we’re being singled out. With hotels, motels, etc being allowed to stay open it feels like we’re being targeted unjustly.

    Close them all (like restaurants) or close none. Consistency is important.

    I agree that hotels and STR's should be treated the same.

    1Reply
  • Ken Latchers
    Hatfield, PA · Member since 2012 · 1k+ posts · 629 votes
    6y

    Hotels and short-term rentals should be treated the same. But for remote short term rental owners worried about the revenue, I am not in your side.

    in Eastern Pennsylvania,  owners were advertising we were a coronavirus free Haven , which of course was not true, and we were getting people trying to flee the New York and New Jersey hotspots bringing their infection with him an overwhelming Pocono hospitals.

    we don't want them here. I may be a short-term rental owner, but I agree with the governor's ban


    It's a pandemic people. Sorry about your precious revenue, but this is now the number one killer in America.

    2Reply
  • Loren Oatman
    Real Estate Agent · Syracuse · Member since 2016 · 35 posts · 15 votes
    6y

    If they are closing STR then they should shut down the hotels. The difference is the Hotel industry has a Huge lobbying arm that is taking any advantage that they can. You notice that it is in states that are heavily funded by tourism. They are attacking small business. Hopefully the law suit has some effect.

    Secondly, this is serious and is a pandemic with twice the death rate of the flu. We do need to be cautious. Leaving the Hotels open vs STR is not helping. Hopefully we can open soon.

    2Reply
  • Charlie CameronPro Member
    Investor · Niceville, FL · Member since 2017 · 451 posts · 366 votes
    6y

    I could not agree more.  What is the difference between social distancing at home and social distancing in an AirBnB?  

    1Reply
  • Kerry BairdPro Member
    OP
    Rental Property Investor · Melbourne, FL · Member since 2011 · 3k+ posts · 2k+ votes
    6y

    I have been able to take local guests, or people who are in one of Florida governor DeSantis’ included class of guests: military, first responders, corporate rentals. Just not out of area tourists.

    1Reply
  • Anand S.
    Plantation, FL · Member since 2009 · 329 posts · 119 votes
    6y

    I suspect two things are happening here: 1) Hotels are lobbying hard to squeeze VR's in this time of crisis and 2) the Governor made a calculated gamble that STR's are many small fish who, individually, are unlikely to sue while Hotels would certainly do so.

    I'm pleased to see this action. It plays well in the media given it's a bunch of retired military families suing who invested their life savings in VR's. 

    4Reply
  • Sean McDonnell
    Real Estate Agent · Surf City, NC · Member since 2017 · 648 posts · 597 votes
    6y

    I agree the act to ban STRs was unconstitutional. Is the govt going to pay the property tax for our vacant STRs? No, of course the economic ramifications will fall solely on the property owners. Here in North Carolina, the STR ban was lifted last week so hopefully it will get lifted in other spots of the country too.

    1Reply
  • Mark H. Porter
    Investor · SC NC, VA · Member since 2020 · 1k+ posts · 756 votes
    6y

    And in myrte beach they closed the whole shebang down until lat week. STR's included everything (hotels, motels, condos , Airbnb) so I'm confident many of the smaller or hotels will never reopen without assistance. Many were barely surviving. All my reservations for my large units were either cancelled or moved out of March and April.

    1Reply
  • Anne M Stenzel
    Rental Property Investor · Navarre Beach FL · Member since 2019 · 11 posts · 15 votes
    6y

    I too agree that Governor DeSantis should lift the STR ban. I have people contacting me daily, begging to rent our condo now that the beach is open. I have to turn them away. Like many others, my husband and I are burning through our savings to keep afloat.

    1Reply
  • Cliff H.Pro Member
    Rental Property Investor · Nashua, NH · Member since 2014 · 610 posts · 486 votes
    6y

    You cannot say your state is closed for tourism and keep your motels open. In New Hampshire there’s a state-wide moratorium until 5/31/20 on all lodging for anyone who’s not an essential worker or residents self-quaratining. Yet looking at major hotel chains like Marriott and Hilton you would never know it: online booking for the month of May 2020 continues to be available and fully usable, with only a small a disclaimer (if any) to check local regulations. In fact, the emergency order specifically states online booking is to be made unavailable, with reservations by phone only.

    Currently abiding by the restriction, but the number of inquiries I’m turning down now that states are reopening is piling up by the day and clearly not something that appears to be in play for the big boys. 

    1Reply
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