Birmingham imposes six-month moratorium on new short‑term rentals after shooting and months of complaints

A majority of the Birmingham City Commission voted April 27 to impose a six‑month moratorium on new short‑term rental licenses for stays of less than 30 days in properties where the owner does not reside. The city attorney told the commission the pause was intended to allow the planning board to examine zoning-based regulation after a Michigan Supreme Court decision this summer declared short‑term rentals a commercial use.

The moratorium was proposed after neighbors described escalating trouble tied to short‑term rentals, culminating in a shooting earlier this month near several rental properties. "My car got shot up that night — eight bullet holes," resident David Wyn said during public comment, urging commissioners to act immediately. Dozens of residents testified that repeated late‑night parties, public urination, drug paraphernalia and a sense of unsafe streets have made daily life difficult in parts of the city.

The city attorney told the commission the moratorium would prevent the building department from issuing any new temporary or annual licenses for rental stays of less than 30 days to owners who do not live in the property, while allowing renewal of existing licenses for longer stays. The moratorium also directs the Birmingham City Planning Board to review zoning and recommend whether a minimum rental occupancy of 30 days should be adopted, how to control rental density, develop enforcement and inspection protocols, and propose penalties and license‑revocation processes to protect neighborhood character and public safety.

Supporters of an immediate ban said six months is too long. "We are lucky nobody got killed," resident Narla Castellano told the commission, referencing the April incident. "We are hurt. Our children are hurt. The school across the street is hurt." Several speakers called on the commission to accept litigation risk and move faster; others, including owner‑operators of owner‑occupied short‑term rentals, urged a measured legal approach that distinguishes commercial investors from resident hosts.

Commission debate split along legal and policy lines. Commissioners said they wanted enforceable rules that would survive legal challenge; the city attorney advised that zoning‑based regulation drafted by the planning board offered the most defensible path. Commissioners also directed police and code enforcement to document complaints more thoroughly and to include complaint numbers on any ALPR or enforcement logs so licensing violations can be acted on and revoked when appropriate.

Next steps: the planning director was asked to prioritize the issue and return a draft ordinance and enforcement proposal to the commission at the next meeting. The commission also asked staff to expedite audits of police and code enforcement complaint records and to provide the public with clearer complaint‑tracking avenues.

The moratorium is intended as a pause while the city drafts lasting zoning and enforcement changes; it does not cancel existing licenses for stays already approved. The commission emphasized that aggressive enforcement of nuisance, noise and safety codes remains an immediate tool for revoking problematic licenses.

What to expect: the planning board will hold public review and provide recommendations; staff will return with draft ordinance language and an enforcement plan for the commission’s consideration.