+1 State Supreme Court Win. Short Term Rentals are a Residential Use

Arkansas Supreme Court joined other states finding that short term rentals are not commercial uses of property.

Vera Lee Revocable Trust v. O’Bryant, 537 S.W.3d 254 (Ark. 2018). Accord, Slaby v. Mountain River Estates Residential Ass’n, Inc.,100 So. 3d 569 (Ala. Ct. Civ. App. 2012).

Kentucky Appellate Courts find that short term rentals can violate covenants, but FL and WA courts disagree.

Harvard Law School | Short term rentals (such as Airbnb) held not to violate a covenant prohibiting…

Local TREND: Mayor Proposes De-annexation for 2 policy reasons.

The Mayor: Memphis, TN Mayor Jim Strickland

The areas for de-annexation: Southwind/Windyke and Rocky Point areas of far eastern Memphis

2 Policy reasons for de-annexation:

  • right-sizing Memphis
  • more efficient City that can deliver better services

3 criteria in areas for de-annexation:

  •  low density
  • challenging to deliver municipal services
  • specifically asked for de-annexation

Local Memphis | Memphis Mayor Proposes two  more areas for de-annexation

Lege TREND. Governor Protects Open Space from Eminent Domain.

Pennsylvania Governor signed  HB 2468 (2018 | PA) protects open space by making it harder to condemn land that is subject to a Conservation Easement.

How does this work?

  • Land subject to a conservation easement cannot be condemned unless:
  • An court says that eminent domain can be used
  • A court can only say that eminent domain can be used if:
    • necessary for the health and safety of a community
    • no other reasonable and prudent alternative

Patch | Stoneleigh Response Eminent Domain Bill Signed…

Local TREND. Fees on Short Term Rental to Fund Domestic Violence Shelters. Where. What. How Much.

Where: Chicago

What do short term rental taxes/fees currently look like: 

  • Chicago has a 4% surcharge on short term rental platforms
  • The surcharge & fee are on top of the 17.4% hotel/motel tax
  • Chicago has a $10,000 license fee for platforms
  • Chicago also imposes a $60 per-unit fee

How much is the new proposed fee? An additional 2% fee earmarked for shelter beds for victims of domestic abuse

Illinois Policy | The mayor’s proposed 2 percent fee would punish short-term rental customers and…