TEXAS – Parts of Austin’s short-term rental rules unconstitutional, court finds

Statesman.com: Parts of Austin’s short-term rental rules unconstitutional, court finds

By Mark D. Wilson

November 27, 2019


A state appeals court on Wednesday struck down two provisions of Austin’s short-term rental policies.The Austin-based 3rd Court of Appeals said city ordinance provisions banning short-term rentals for non-homestead properties and controlling conduct and types of assembly on private property are unconstitutional, as they limit peaceable assembly on private property.

“The ordinance provision banning non-homestead short-term rentals significantly affects property owners’ substantial interests in well-recognized property rights while, on the record before us, serving a minimal, if any, public interest,” the court said.

The Texas Public Policy Foundation’s general counsel, Robert Henneke, called the ruling a sharp rebuke to the city and good news for property rights in Austin.“In striking down the Austin ordinance ban on short-term rental use and the restrictions on guest activities within a private residential setting, the 3rd Court of Appeals stopped the overreach by the city of Austin,” Henneke said. “Noting that the city still has nuisance laws to address actual public disturbances, the opinion highlighted the lack of data from the city justifying any restriction, let alone the manner this ordinance infringes upon fundamental rights.”  Read more: https://www.statesman.com/news/20191127/parts-of-austinrsquos-short-term-rental-rules-unconstitutional-court-finds?

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