Category Archives: local government trend

Local TREND. Short Term rental Ordinance Revamp in a Tourist Town. 3 Strikes & You're OUT

Tourist Town: Carlsbad, CA

Short Term Rental Ordinance Revisions:

  • excluding timeshares & RVs
  • incorporating an Impact Response Plan, requiring neighbor notification
  • parking on site requirement
  • Adding a 3 strikes, within 24 months, is a 36 month permit revocation

The Coast News Group | Carlsbad amends short-term vacation rental ordinance

Local TREND. Property Rights. Noise from Industry.

City: MicKinney, TX

Noise Ordinance Revision Background: Noise from 3 concrete plants, located in residential or “quiet zones”,   sparked a cry from residents to revise the city’s noise ordinance

The amendments to the McKinney TX noise ordinance:

  • Extending distance requirements from 500 to 1000 feet “Specific noise disturbances prohibited: Power Equipment. Operating or permitting to be operated any power equipment (as defined herein and excluding construction equipment which is specifically…

Local TREND. Data Collection By Short Term Rentals. Where. What. Who.

Where: NYC new ordinance on short term rentals

Who does NYC’s data collection requirement apply to? Short Term Rental Platforms

What information will short term rental platforms, like Airbnb, have to collect?

  • Name, physical address, email, Airbnb profile URL, and phone number of hosts active that month
  • Addresses and URLs of any properties a given host rents out, and whether it was a full-home or partial-home rental
  • Total days the property was rented, rent/price paid, and any fees collected…

Local Trend. +1 City Limits Short Term Rentals to Owner Owned Property. 3 Supporting Arguments.

City: San Diego

Ordinance limits short term rentals to:

  • owner’s primary residence
  • +1 additional dwelling unit on the same parcel

3 Supporting Arguments from City Council Supporters:

  • Not elected to support investors
  • Elected to support constituents
  • Its a compromise, that isn’t perfect, but it “protects neighborhood quality of life through increased oversight and enforcement”

Times of San Diego | City Council Limits Short-Term Rentals to Owner’s Primary Residence

+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