Bulletin - Birmingham, MI News Today

Current licenses expire April 15, 2027 without renewal and city documents describe a single exemption for post-closing occupancy after home sales

Bulletin - Birmingham, MI News Today
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Birmingham, Michigan Bans Short-Term Rentals Under 30 Days in Every Zoning District

Current licenses expire April 15, 2027 without renewal and city documents describe a single exemption for post-closing occupancy after home sales

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The Birmingham City Commission voted unanimously on October 19 to permanently ban short-term rentals across the Oakland County city, amending its zoning ordinance and code so that no rental unit may be advertised, listed or rented for fewer than 30 consecutive days. The ban is set to take effect seven days after approval and operators with existing licenses can continue only until those licenses run out next spring.


Birmingham City Commission holds a public hearing on short-term rental restrictions on October 19, 2026 before unanimously approving a permanent ban. | Source: https://vimeo.com/

What the amendments change

The adopted amendments rewrite Chapter 126 of the city code, which is the zoning ordinance, by adding "Rental Unit" as a permitted residential use with its own standards, removing the older "Renting of Rooms" accessory use, and adding new definitions for short-term, medium-term, long-term, owner-occupied and hosted rentals. Companion changes to Chapter 22 move rental parking requirements into the zoning code so the two sets of rules use the same terms.

Birmingham City Commission’s October 19, 2026 agenda outlines proposed zoning amendments restricting short-term rentals, updating rental definitions, and extending the temporary moratorium. | Source: https://birminghammi.portal.civicclerk.com/

According to the planning department's October 19 memo, the only new exemption written into the short-term rental definition covers post-closing occupancy agreements where a seller stays in a home for a period after the sale closes.

Downtown and mixed-use districts now included

The Planning Board had recommended in August that the ban apply everywhere except the D4 downtown and MX Rail District zones but commissioners voted 6-0 on September 28 to postpone action and asked staff to restrict short-term rentals in those districts as well. Staff and the city attorney responded by restoring the under-30-day prohibition in the B4 and MX standards which brings every zoning district under the same rule.

Watch on Youtube: https://youtu.be/ts6Gq2T1Tbo

Who is affected and when

Roughly 100 short-term rentals were registered with the city in May and none have received a new license since the commission adopted a six-month moratorium on April 27. Hosts holding valid licenses may keep operating until those licenses expire on April 15, 2027 because the city has said it cannot revoke lawfully issued licenses midterm and will instead decline to renew them. The meeting packet also asked commissioners to extend the moratorium which was due to lapse on October 27 and by 60 days through December 26 so that it would cover the gap before the ordinance takes effect.

Birmingham Planning Department’s October 19, 2026 memorandum outlines proposed rental ordinance changes including a 30-day minimum rental period and stricter enforcement measures. | Source: https://birminghammi.portal.civicclerk.com/

Background and objections

The push followed an April 11 party at a rental on East Lincoln Street that ended in gunfire and led to charges against three people along with a June pool party that drew repeated complaints from neighbors which the city cited as a zoning violation tied to a pool rental rather than a licensed short-term rental.

A representative of the Greater Metropolitan Association of Realtors urged commissioners to allow regulated short-term rentals in business districts while a written public comment argued that the Michigan appellate cases often cited for treating short-term rentals as commercial use involved homeowners associations rather than municipal zoning, and warned that a ban with no path for legal nonconforming use could invite litigation. Nearby Dearborn is already facing a lawsuit from owners over the ban it adopted in 2025.

🔴
Compliance Snapshot

⦾ Rule: Rentals of fewer than 30 consecutive days are prohibited in all zoning districts including the B4/D4 downtown and MX Rail District zones
⦾ Advertising: Listing or advertising a unit for stays under 30 days is also prohibited
⦾ Effective date: Seven days after the October 19 approval
⦾ Existing licenses: Valid until April 15, 2027 and will not be renewed
⦾ New licenses: None issued since the April 27 moratorium
⦾ Exemption: Post-closing occupancy agreements following a home sale
⦾ Owner-occupied or hosted stays: Defined in the ordinance but no carve-out is described in city documents
👀
What to watch: Operators should watch for the final ordinance text confirming the effective date and any owner-occupied or hosted carve-out and for whether the moratorium extension through December 26 passed. Licenses lapse April 15, 2027 and legal challenges remain possible.

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