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Sharing Economy. Private Property Rights. Trade Practices Issues can impact Laws & Regs

What trade partcices allegations are being made against short term rentals?

  • discrimination
  • inconsistent tax collections
  • violations of local health and safety regulations

What’s the solution proposed to curb this? Increased data collection of short term rentals with FTC monitoring

What would this look like as city ordinances or state laws? 

  • Data collection requirement by the oversight agency to record ethnicity of renter,
  • Tax collection data linked to the short term rental…

INTERIM. Private Property Rights. Sharing Economy. Local Government Fines Create Lawsuits.

What local government fines are home share platforms facing?

  • In San Francisco, AirBnB and other home sharing services face $1000 per day fine for every unregisered host
  • In New York, fine anyone who rents a whole apartment for fewer than 30 days, which has been illegal in New York since 2010

What’s the basis for the San Francisco lawsuit? 

  • Feeral law prohibits holding websites legally accountable for the acts of their users

New York Times | Airbnb in Disputes With New York and San…

Lawsuit Challenges Constitutionality of Texas Eminent Domain Process.

Which eminent domain legal fight turned constitutional? The Trans Pecos Pipeline

Why do landowners believe Texas eminent domain laws are unconstitutional under the federal constitution? Because property is deprived before due process in that land is taken before the legal issues are resolved

The potential impact of this litigation? A ruling for the landowner impacts all eminent domain processes in Texas. Potentially stopping the ability for comdemning entities to build while litigation…

High Speed Rail Expert SayS Eminent Domain is a Subsidy

The Expert: Stanford University economics professor Alain Enthoven

The Subsidy angle: Eminent Domain is a subsidy.

A conservative writer points to Enthoven and 2 other “experts” to support the argument that subsidies will be involved in Texas High Speed Rail.

Ft Worth Star Telegram | Crystal Wright | Is rail company lying about building Texas bullet train without subsidies?

Private Property Rights. 3 Reasons Tiny Houses are often Illegal.

Are zoning laws usually the enemy of tiny houses? Yes. Zoning laws often prevent tiny houses.

  • tiny houses can violate zoning by location
  • tiny houses can be too small to comply with single family residence codes
  • tiny houses can violate codes that require residences be connected to local utilities

What is the argument against allowing tiny houses in zoning ordinances? That property values will diminish by permiting tiny houses

Are tiny houses running amock with building…

Property Rights. Sharing Economy. INTERIM. TREND. Local Short Term Rental Rules from the Midwest.

Which city passed new short term rental rules? Chicago

What was said the councilmembers? 

  • This is about a new economy.
  • Chicago is racing to keep up with new economic drivers.
  • “This is the ‘Jetsons.’ We’re not going back to the ‘Flintstones,'”- Alderman Moreno

How are the new regulations described? “Dizzyingly complex”

What are 5 regulatory highlights?

  • Different types of residences are regulated differently
    • a building with 5 residences, only 1 can be used for short term rental at a…