Hialeah does not impose an owner-occupancy mandate on accessory dwelling units. Florida HB 1031 (2024), codified at FL Β§163.31771, encourages municipalities to allow ADUs without unduly restrictive conditions. Homestead Exemption (FL Constitution Art. VII Β§6) applies only to the owner's primary residence β renting both units forfeits the exemption.
The Hialeah Code of Ordinances does not contain an owner-occupancy requirement for accessory dwelling units. Florida HB 1031 (2024), codified at FL Statute Β§163.31771, encourages local governments to allow ADUs in single-family zones and to avoid overly restrictive conditions; while not an absolute preemption of all local ADU regulation, the statute reflects state policy disfavoring owner-occupancy mandates. Practically, this means an owner who rents both the primary dwelling and the ADU faces no Hialeah zoning-based occupancy condition. Florida Homestead Exemption rules β FL Constitution Article VII Β§6 and FL Statute Β§196.031 β limit the homestead exemption and the Save Our Homes 3% assessment cap to the owner's actual primary residence. If the owner moves out and rents both units, the homestead exemption is lost, property taxes increase, and the Save Our Homes cap resets. HOAs and condominium associations may impose private occupancy rules through declarations and bylaws under FL Chapter 718 (condos) and FL Chapter 720 (HOAs); those private restrictions are enforceable through the association independent of city law. Source-of-income protections under Miami-Dade County Code Β§11A-26 prohibit landlords from refusing Section 8 / Housing Choice Voucher tenants.
City-level: none for owner-occupancy. Homestead loss: Miami-Dade Property Appraiser backbills lost exemption with penalties and interest. HOA: private fines per declaration. Source-of-income discrimination: Miami-Dade Commission on Human Rights enforcement.
Hialeah, FL
Hialeah follows Miami-Dade Code Β§33-124.1 for commercial-vehicle parking in residential zones: Cat. 1 (taxis/marked vans under 8 ft): max 2 per home; Cat. 2 ...
Hialeah, FL
Hialeah driveways follow county standards: 20 feet minimum for two-way, 14 feet for one-way. Vehicles must not block sidewalks or rights-of-way.
Hialeah, FL
Hialeah allows chain link, concrete block, wood, and aluminum per Section 33-11. All must meet HVHZ wind standards. Concrete block most common in South Florida.
Hialeah, FL
Hialeah requires building permits for retaining walls per the Florida Building Code. Walls over 4 feet in height require engineered plans. All retaining wall...
Hialeah, FL
Dogs in Hialeah must be leashed off private property under Miami-Dade Section 5-20. Unsterilized: $150 fine. Sterilized: $50. Off-leash in designated parks o...
Hialeah, FL
Hialeah enforces the Florida Building Code Residential Section R314 and NFPA 72 for smoke alarms. Alarms are required in every sleeping room, outside sleepin...
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