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Council refers proposed short‑term rental ban to special counsel for revisions after enforcement concerns
Summary
On a second reading of ordinance H‑25‑02 to prohibit certain short‑term rentals, council members raised enforcement and legal‑risk concerns and voted to send the draft to special legal counsel for edits; council requested clearer enforcement roles between ordinance and police and stiffer fines for violations.
The Dearborn Heights City Council on Aug. 12 continued discussion of a proposed ordinance (H‑25‑02) aimed at prohibiting certain short‑term rentals and strengthening enforcement. The measure reached a second‑reading discussion after a public comment period that included multiple residents describing neighborhood disturbances they attributed to short‑term rentals.
Council members agreed on the goal of reducing neighborhood nuisances but diverged on enforcement mechanics and penalty levels. Some members favored empowering the police to issue higher penalties when responding to active disturbances, while others said the ordinance/ordinance‑enforcement office should detect and issue violations based on online listings. The chair proposed a two‑tier approach: a marketing/listing violation enforceable administratively (proposed $1,000) and a police‑response penalty for active violations (proposed $5,000).
Several councilmembers voiced legal caution and asked that planning‑commission minutes be included in the record. With litigation risk a concern, the council voted to refer the draft ordinance to special legal counsel for redrafting to reflect the body’s requested changes, and scheduled a third reading before publication. The referral included direction to clarify enforcement roles (ordinance office vs police), refine penalty language, consider registration/acknowledgement language for rental property owners at point of certificate issuance, and add implementation details such as notice and collection mechanisms for out‑of‑state operators.
The council did not finalize the ordinance text at the meeting. Supporters repeatedly noted resident safety and quality‑of‑life concerns; opponents cautioned about potential litigation and asked for clearer linkages to state and local definitions. The council’s referral to counsel is intended to produce a version that addresses enforcement practicality and legal vulnerability prior to a third reading and final vote.
