Local couple win Airbnb code enforcement challenge

Titusville board says room rentals not a violation

TITUSVILLE, Fla. – A Titusville couple’s fight to continue renting out rooms as an Airbnb scored what the owner and host considered a surprise concession by the city’s code enforcement board. 

Jeffrey D. Daniel, a semi-retired commercial musician, argued that his room rentals did not violate the intent of the city’s ordinance, which reads in part, "It is unlawful for the owner of a single-family detached dwelling to rent or lease the dwelling to another person(s) for periods of (3) months or less.”

“I figured it would be a slam dunk for the city,” Daniel said. “But we argued a common sense point.”

By a vote of 3-2, the Titusville Code Enforcement board agreed Daniel and his wife did not violate the city’s short-term rental code because they never rented the entire dwelling and were always present.

The Daniels have been renting three rooms in their home since last July, but in April, they received a city violation notice following an anonymous complaint from a neighbor.

Edward Moniz, a member of the code enforcement board, lives directly across the street from the Daniels' home.

Moniz recused himself from the vote despite stating he had no “neighborly” contact with the Daniels in seven years.

City records show two previous code enforcement complaints against the Daniels by a neighbor in 2011: A broken fence and allegations of visitors' cars blocking a neighbor’s driveway.

The Daniels said they have rented rooms more than 30 times since last July at a price of $60 a room in prime season, which runs from March to May.

Daniel re-posted the rooms on the Airbnb website last week.

“We just thank you guys for getting the story out there," Daniel said.

The city’s assistant attorney, Chelsea Farrell, told the board any change to the existing ordinance would
erase the city’s “grandfather” status allowed under a Florida statute established in 2011.

Statute 508 essentially blocks any new rules on vacation rentals after 2011. It reads in part:
“A local law, ordinance or regulation may not restrict the use of vacation rentals…unless a law or ordinance was in place before June 1, 2011."

Orlando attorney Jacob Stuart told News 6 that in his opinion, the Titusville case never should have come before the code enforcement board.

“The law is black and white,” Stuart said. “If someone is staying in the home or residence and renting out a room like an Airbnb, the city and the state under current law have no basis to intervene.”

The city has reserved the right to appeal the ruling within 30 days. 

Stuart cautioned that the Titusville decision does not set a sweeping legal standard.

“I think people need to review each city’s ordinance to verify there’s not some nuance in the language,” he said.

For more information on short term rental ordinances and regulations in Florida click or tap here.


About the Author:

News 6’s Emmy Award-winning Investigative Reporter Mike Holfeld has made Central Florida history with major investigations that have led to new policies, legislative proposals and even -- state and national laws. If you have an issue or story idea, call Mike's office at 407-521-1322.

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