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Hallandale Beach Short-Term Rental Regulation: A Guide For Airbnb Hosts

Disclaimer: This article is for informational purposes only and not legal advice. Regulations could have changed since this article was published. Check local zoning authorities and consult a legal professional before making any decisions.

Hallandale Beach, Florida

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Starting a Short-Term Rental Business in Hallandale Beach

The City of Hallandale Beach has specific regulations for operating short-term vacation rentals through platforms like Airbnb and VRBO. According to the city's ordinances, all vacation rental owners must obtain an annual operating license. This applies to any residence or residential unit rented out for less than 30 consecutive days.

To apply for a Vacation Rental License, owners must submit a Vacation Rental Application form along with a Business Tax License (BTR) Application. The city provides a Vacation Rental Requirement Checklist detailing all the necessary documents. Incomplete applications may result in pending status and loss of the processing fee.

Fees for a new Vacation Rental License total $400, including a $300 license fee, $45 processing fee, $25 Business Tax Receipt fee, and $30 BTR processing fee. Annual renewal fees are $320. There is also a $100 fee to modify an existing Vacation Rental Application.

Operating a short-term rental without the proper Vacation Rental License and Business Tax Certificate is a violation of Hallandale Beach's Code of Ordinances. Penalties range from $100-500 plus potential guest eviction.

In addition to city licenses, short-term rental operators may need to obtain a Florida Vacation Rental Dwelling License from the state. Owners must also be aware of and comply with any lease terms, HOA rules, or other restrictions that may prohibit or limit short-term rentaling of the property.

Discussions on real estate investing forums like Bigger Pockets indicate that many South Florida cities have been cracking down on short-term rentals in recent years. For example, the City of Miami Beach has strict limitations, with many condo associations banning them altogether.

However, there are still opportunities for legal short-term rentals if you do your due diligence. One Bigger Pockets user reported successfully operating vacation rentals in the Florida panhandle, but advised against renting to "snowbirds" who stay for months at a time, as they tend to be more demanding.

Overall, it's critical to thoroughly research the local regulations, secure all required licenses and tax certificates, and ensure compliance with any other rules before starting a short-term rental business in Hallandale Beach or anywhere else in Florida. The fines and legal issues of operating illegally are not worth the risk.

Short-Term Rental Licensing Requirement in Hallandale Beach

To legally launch and operate a short-term vacation rental in Hallandale Beach, property owners must obtain an annual Vacation Rental License in accordance with Ordinance 2018-003. This applies to any residence or residential unit rented out for less than 30 consecutive days, including rooms, guest houses, condos, apartments, and single-family homes.

The licensing process involves submitting a Vacation Rental Application form along with a Business Tax License (BTR) Application. Applicants should use the Vacation Rental Requirement Checklist to ensure all necessary documents are included, as incomplete applications may result in pending status and forfeiture of processing fees.

Required documents for the Vacation Rental Application include:

  • Completed and notarized Vacation Rental Application form
  • Division of Transient Public Lodging Establishment License from DBPR
  • Proof of active account with Broward County Tax Collector
  • Interior floor sketch showing parking, fire extinguishers, smoke detectors, exits
  • Evacuation route map
  • Sample posting notice with required information
  • Current Local Business Tax Receipt

Fees for a new Vacation Rental License total $400, including a $300 license fee, $45 processing fee, $25 Business Tax Receipt fee, and $30 BTR processing fee. Annual renewal fees are $320. Modifying an existing application incurs a $100 fee.

Failure to obtain the proper licenses is a violation of Hallandale Beach's Code of Ordinances. Penalties range from $250-500 per offense, potential license suspension requiring a $100 reinstatement fee, and possible guest eviction. Appealing a violation carries a $200 fee.

In addition to city requirements, short-term rental operators must be aware of and comply with any lease terms, HOA rules, or other restrictions that may prohibit or limit vacation rentals. Consulting with the landlord, housing authority, or community council is advised.

Obtaining a state-issued Florida Vacation Rental Dwelling License from the Department of Business and Professional Regulation (DBPR) is also required. As of January 1, 2021, all public lodging establishments must additionally comply with human trafficking awareness training requirements under Section 509.096, Florida Statutes.

Required Documents for Hallandale Beach Short-Term Rentals

To apply for a Vacation Rental License in Hallandale Beach, property owners must submit a complete application package with all required documents. The Vacation Rental Requirement Checklist outlines the necessary paperwork to ensure a smooth application process. Incomplete applications may result in delays or denial of the license.

The following documents must be included with the Vacation Rental Application:

  1. Completed Vacation Rental Application Form: This form must be fully completed, notarized, and signed by the property owner, property manager, or authorized agent.
  2. Division of Transient Public Lodging Establishment License: Obtain this license from the Florida Department of Business and Professional Regulation (DBPR). It is required for all vacation rental properties in the state.
  3. Proof of Active Account with Broward County Tax Collector: Provide documentation showing that you have an active account with the Broward County Tax Collector for the purpose of remitting tourist development taxes.
  4. Interior Floor Sketch: Submit a detailed sketch of the property's interior, clearly indicating the number and location of parking spaces, fire extinguishers, smoke detectors, and emergency exit routes.
  5. Evacuation Route Map: Include a map that clearly displays the evacuation routes for the property in case of emergencies.
  6. Sample Posting Notice: Provide a sample of the posting notice that will be displayed in the vacation rental. This notice must include all required information, such as the local contact person's details and emergency procedures.
  7. Current Local Business Tax Receipt: Ensure that you have a valid and up-to-date Local Business Tax Receipt from the City of Hallandale Beach.

In addition to these documents, property owners must also pay the applicable fees when submitting their Vacation Rental Application. These fees include the Vacation Rental License Fee, Annual Processing Fee, Business Tax Receipt Fee, and BTR Processing Fee.

Once the application package is complete and submitted, the property will be subject to an inspection to ensure compliance with local building codes, fire safety regulations, and other applicable ordinances. If the property meets all requirements and passes the inspection, the City of Hallandale Beach will issue the Vacation Rental License, allowing the owner to legally operate the short-term rental.

It is crucial for property owners to carefully review the Vacation Rental Requirement Checklist and gather all necessary documents before submitting their application. This will help avoid any delays in the licensing process and ensure that the short-term rental can begin operating as soon as possible.

Hallandale Beach Short-Term Rental Taxes

In addition to obtaining a Vacation Rental License, property owners operating short-term rentals in Hallandale Beach must also comply with various tax requirements at the state and local levels.

At the state level, short-term rental operators are required to collect and remit a 6% Florida Transient Rental Tax and a 7% Florida Sales Tax on all rental transactions. These taxes are administered by the Florida Department of Revenue and must be paid monthly.

In Broward County, where Hallandale Beach is located, there is an additional 6% Tourist Development Tax that must be collected on all short-term rental stays of six months or less. This tax is used to fund tourism promotion, beach renourishment, and convention center operations in the county.

To remit the Tourist Development Tax, vacation rental owners must register with the Broward County Tax Collector's Office and obtain a Tourist Development Tax Account. This can be done online through the county's website or by submitting a paper application. Once registered, owners will receive a certificate that must be displayed in the rental property.

The Tourist Development Tax is due monthly and must be postmarked by the 20th day of the following month. Late payments are subject to penalties and interest charges. Owners can file and pay the tax online or by mail using the appropriate tax return form.

In addition to these transient rental taxes, short-term rental income is also subject to federal income tax. Owners should keep accurate records of all rental income and expenses, including mortgage interest, property taxes, insurance, repairs, and maintenance costs. These expenses may be deductible on the owner's federal income tax return.

It is important for short-term rental operators in Hallandale Beach to stay informed about their tax obligations and to comply with all filing and payment requirements. Failure to collect and remit the appropriate taxes can result in significant penalties, interest charges, and legal consequences.

Consulting with a tax professional or accountant who is familiar with the specific tax laws and regulations governing short-term rentals in Florida can help ensure compliance and minimize the risk of costly mistakes. By properly managing their tax responsibilities, vacation rental owners can operate their businesses with greater peace of mind and financial security.

Florida Wide Short-Term Rental Rules

At the state level, Florida has established some baseline rules and definitions for short-term rentals that apply across all counties and cities. According to the Florida Department of Business and Professional Regulation (DBPR), a short-term rental is classified as any unit or group of units in a condominium, cooperative, or individually or collectively owned single-family or multi-family house that is rented to guests more than three times per year for periods of less than 30 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests.

Under this definition, property owners who rent out an entire unit are required to obtain a license from the DBPR. This applies if the unit is rented more than three times in a calendar year for stays of less than 30 days, or if the unit is advertised to the public as a vacation rental. One key exemption is that renting out individual rooms within an owner's primary residence does not require a DBPR license, as this is not considered a "transient public lodging establishment."

When applying for a DBPR vacation rental license, property owners can include multiple units of the same classification (either dwelling or condo) within a single license application. However, condos and dwellings cannot be combined under the same license. The DBPR application and licensing fees vary based on the total number of units included.

While counties and cities can impose additional regulations on top of the DBPR requirements, Florida state law prohibits local governments from banning short-term rentals outright or regulating the duration or frequency of stays. Local rules are generally limited to addressing issues like noise, parking, trash, and other neighborhood impacts.

Overall, the statewide framework aims to standardize the basic definition of short-term rentals and ensure a licensing process through the DBPR, while still allowing for some local control and variation based on the needs of individual communities. Property owners must be aware of both the state regulations and any additional requirements imposed by their county or city in order to operate legally.

Does Hallandale Beach Strictly Enforce STR Rules?

Based on discussions among real estate investors on forums like Bigger Pockets and Reddit, it appears that Hallandale Beach does enforce its short-term rental regulations more strictly compared to some other Florida cities. Many hosts and property owners report that the city has been cracking down on illegal vacation rentals in recent years.

One Bigger Pockets user shared their experience attempting to operate a short-term rental in Hallandale Beach without the proper licenses and permits. They received violation notices from the city and were forced to cease operations until coming into compliance with all requirements. The fines for non-compliance can be steep, ranging from $250-500 per offense.

Another investor on Reddit mentioned that Hallandale Beach and other cities in Broward County have been increasing enforcement efforts and dedicating more resources to identifying and penalizing illegal short-term rentals. This includes monitoring listings on platforms like Airbnb and VRBO, as well as responding to complaints from neighbors.

However, some hosts still attempt to fly under the radar and operate without the necessary approvals. Strategies mentioned include not listing the full address online, communicating with guests outside of the rental platform to avoid detection, and claiming the property as a long-term rental if questioned. But most forum users strongly advise against this, noting the legal and financial risks are not worth it.

The general consensus among experienced investors is that Hallandale Beach is not as friendly to short-term rentals as some other Florida hot spots. Cities like Miami Beach, Hollywood, and Fort Lauderdale tend to have looser restrictions and enforcement. But in Hallandale Beach, it's crucial to dot every i and cross every t in terms of licensing and compliance.

So, while it's certainly possible to legally operate a short-term rental in Hallandale Beach, hosts need to be prepared to follow the rules to the letter. The city's enforcement is only getting stricter over time as it tries to balance the interests of vacation rental operators with the quality of life for permanent residents. Attempting to skirt the regulations is a very risky proposition.

How to Start a Short-Term Rental Business in Hallandale Beach

To legally operate a short-term rental business in Hallandale Beach, follow these steps:

  1. Research zoning regulations and ensure your property is located in a district that allows short-term rentals. Contact the Planning and Zoning Division for additional information on permitted uses and zoning verification.
  2. Choose an appropriate business entity for your rental business, such as a sole proprietorship, partnership, corporation, or LLC. Register your business entity with the State of Florida at Sunbiz.org.
  3. Obtain a Federal Employer Identification Number (EIN) from the IRS if required for your business entity.
  4. Complete the Vacation Rental Application form and Business Tax License (BTR) Application, and gather all necessary documents listed on the Vacation Rental Requirement Checklist. This includes items such as proof of a Division of Transient Public Lodging Establishment License from DBPR, an active account with the Broward County Tax Collector, interior floor sketch, evacuation route map, and sample posting notice.
  5. Submit your completed Vacation Rental Application package along with the required fees to the City of Hallandale Beach Business Tax & Regulations Division. As of 2021, total fees for a new application are $400.
  6. Once your application is approved and your property passes inspection, you will receive your Vacation Rental License and Business Tax Receipt Certificate from the city. These must be renewed annually.
  7. Register with the Broward County Tax Collector's Office to obtain a Tourist Development Tax Account for collecting and remitting the required 6% county tax on short-term rentals.
  8. Comply with all state-level requirements, including obtaining a Florida Vacation Rental Dwelling License from the DBPR and completing human trafficking awareness training as of January 1, 2021.
  9. Ensure you understand and abide by any additional rules or restrictions, such as lease terms, HOA bylaws, or community guidelines that may affect your ability to operate a short-term rental.
  10. Once all licenses and approvals are in place, you can list your property on platforms like Airbnb and VRBO and begin welcoming guests. Be sure to comply with all ongoing regulations, including occupancy limits, parking requirements, noise ordinances, and tax collection and remittance.

By carefully following these steps and working closely with local officials, you can launch a successful and compliant short-term rental business in Hallandale Beach. Keep in mind that regulations are subject to change, so it's important to stay informed and maintain open communication with the city and county.

Who to Contact in Hallandale Beach about Short-Term Rental Regulations and Zoning?

For questions or concerns regarding short-term rental regulations and zoning in Hallandale Beach, property owners and operators should contact the following departments and individuals:

Planning and Zoning Division

The Planning and Zoning Division is responsible for ensuring that vacation rentals comply with the city's zoning regulations and land use policies. They can provide information on permitted uses, zoning districts, and any specific requirements for short-term rentals in different areas of the city.

  1. Christy Dominguez
    Planning and Zoning Manager
    Email: cdominguez@cohb.org
    Phone: (954) 457-1380
  2. Luis Fontanills
    Zoning Technician
    Email: lfontanills@cohb.org
    Phone: (954) 457-3019

Business Tax and Regulations Division

The Business Tax and Regulations Division handles the licensing and permitting process for vacation rentals in Hallandale Beach. They can assist with questions about the Vacation Rental Application, required documents, fees, and inspections.

  1. Vanessa Leroy
    Director
    Email: vleroy@cohb.org
    Phone: (954) 457-2220
  2. Cindy Bardales
    Office Manager
    Email: cbardales@cohb.org
    Phone: (954) 457-1375

Property owners can also visit the Business Tax and Regulations Division office in person at:

400 S. Federal Highway
Hallandale Beach, FL 33009
Office Hours: Monday through Friday, 7:30 a.m. to 4:30 p.m.

For general inquiries or to report suspected illegal vacation rental operations, residents and property owners can use the MyHB App or visit the city's website at www.hallandalebeachfl.gov.

By contacting the appropriate departments and individuals, short-term rental operators can ensure they have the most up-to-date information on regulations, licensing requirements, and zoning policies. Open communication with city officials helps foster a cooperative relationship and promotes compliance with all applicable rules and ordinances.

What Do Airbnb Hosts in Hallandale Beach on Reddit and Bigger Pockets Think about Local Regulations?

Based on discussions among Airbnb hosts and real estate investors on Reddit and Bigger Pockets, opinions are mixed regarding short-term rental regulations in Hallandale Beach and the surrounding areas:

Some hosts report that Hallandale Beach and other cities in Broward County have been cracking down on illegal vacation rentals in recent years. The cities are dedicating more resources to identifying non-compliant listings on platforms like Airbnb and VRBO. Hosts who operate without the proper licenses and permits risk facing steep fines of $250-500 per offense.

Other hosts mention that while short-term rentals are heavily regulated, there are still opportunities for legal operations if you do your due diligence. This includes buying in an approved zoning district, obtaining all necessary licenses and tax certificates, and ensuring compliance with city ordinances on things like noise and parking.

Investors on Bigger Pockets advise carefully reviewing any condo or HOA rules before purchasing a property for short-term rentals. Many associations in the area have restrictions or all-out bans on vacation rentals. Violating these rules can lead to fines and legal issues with the city.

Some hosts believe the strict regulations are necessary to balance the interests of vacation rental operators with the quality of life for permanent residents. Others feel the city is overreaching and making it very difficult for small-time hosts to get started.

A few Reddit users noted that the regulations seem to be enforced inconsistently. Despite the restrictions, there are still many short-term rentals operating under the radar in Hallandale Beach and other beach towns. However, the general consensus is that the risk of fines and legal trouble is not worth operating illegally.

Overall, hosts and investors seem to agree that navigating the local short-term rental regulations is complex and not for the faint of heart. It requires thorough research, capital investment for licensing, and a commitment to compliance. But for those willing to play by the rules, Hallandale Beach can still be a profitable vacation rental market.

Disclaimer: While we here at BNBCalc strive to keep all of our city regulation guides updated and accurate with all the latest local laws, we still do not suggest using them as your sole or primary source for local regulations. We also do not recommend you rely on the third-party sources we link to or reference, and we are not responsible for any of the information on these third-party sites. These guides are for entertainment purposes only and only provide basic information and should not be considered as legal advice.

We highly recommend directly contacting the responsible parties for each city and hearing what their officials have to say. Ultimately, it's your responsibility as an investor to ensure you fully comply with the local laws, and it's best to speak with professionals before making an investment decision.

⚡️
Reveal your property’s rental profitability

Buy this property and list it on Airbnb.