Category Archives: sharing economy

The Model Code Property Rights Supporters Say Support State Preemption of Local Short Term Rentals

To support state action for short term rentals, supporters are touting: Arizona’s Private Property Rights Protection Act

Why is Arizona’s Private Property Rights Protection Act so important?  It allows land owners to be reminursed when regulations decreate their proeprty values, which with certain common-sense exceptions

The Hill |  Grassroot Institute of Hawaii | Property rights include the right to rent it out — even if others don’t like it

Lege TREND. Preempting Local Short Term Rentals in the hawthorn Blossom State

State:  Missouri

The Missouri short term rental local ordinance premption bill: HB 2569 (MO | 2018) 

What would  HB 2569 (MO | 2018)  do?

  • prohibit municipalities from requiring a business license
  • prohibits home owner associations from blocking short term rentals
  • address how spaces are advertised for shirt term rentals to ensure a fee is collected

What do opponents say?

  • could impact the collection of the city’s tourism tax, because the bed tax (hotel/motel tax) is collected from a…

Local TREND. 3 Reasons a City Chopped its Short Term Rental Ordinance.

The City: Cochella

The short term rental ordinance provisions that were chopped: inspections and a $60 licensing fee

The reasons for eliminating inspections and fees:

  • The economic impact for the Cochella festival
  • entrance barriers may stifle economic development and opportunities for city tourism revenue
  • Cochella retained the need for property owners to obtain a business license for $100

Desert Sun | Coachella cuts short-term rental inspections and license fee days before festival

Property Rights TREND. Property Rights in Taxi Licenses. Local Trend begets Legal Trend Begets Lege Trend.

Local Trend: Local Ride Share Ordinances

Legal Trend: In San Francisco, Financial Institutions are suing over the loan value of the city’s $250,000 taxi medallions which local ride share ordinances diminished the value of the medallions

Lege Trend: Leveling the playing field so that ride share and taxis are regulated equally

ABC 7 San Francisco | Credit union suing San Francisco over ‘worthless’ taxi medallions

Legal Trend. Bluebonnet State Attorney General Intervenes in Local Short Term Rental lawsuit

Austin’s short term rental ordinance is being litigated. Texas Attorney General Paxton rational for getting involved in the lawsuit:

  • Austin’s ordinance is ” “a gift to the hotel industry or Austin residents who seek reduced home prices.”
  • He holds up Texans whose relatives housed troops during times of war to support a statewide histroy of short term rentals
  • “By taking away its citizens’ property right to lease their homes as they see fit, the city has violated their constitutional rights,

Tex…

Business Trend. Short Term Rentals Combatting Sex Traffickers. 2 Policy Steps.

AirBnB announced it would utilize the following business policies and protocols to feret out sex traffickers utilizing short term rentals.

Or, in tech speak, they will “leveraging the innovation of the sharing economy” to:

  • combine its existing risk analysis by
    • screening every host and guest
    •  trawling through photos to check for signs of exploitation
  • utilizing “data and insight from Polaris, a charity which runs the US National Human Trafficking Hotline”

Telegraph | Airbnb promises to…

Lege Trend. Short Term Rental. Dueling Legislation & Local Regulations.

Background: IN 2011 Florida passed a law provided for local regulation, but not for the duration or frequency of short term rentals. 

Local Cities Say No thank you:  After 2011, Miami and Miami Beach passed their own restrictions, with penalties of $20,000

Welcome to 2018. SB 1400 vs.  HB 773  at the Florida Legislature:

  • SB 1400 will:
    • explicit state preemption for permitting & inspecting vacation rentals
    • requires property owners to obtain licenses
    • sets fines and penalties at $1,000
  • H…

Local Ordinance TREND. Spot Zoning. Short Term Rentals. Football Players.

Where: New Orleans, LA

The spot zoning: an ordinance that allows a certain property to pursue unrestricted short-term rentals

What’s the benefit of the spot zoning for short term rentals: Residential property in New Orleans has a 90 day maximum for short term rentals, the spot zoning removes this restriction

The football player:  owns the property subject to the spot zoning

How does eminent domain factor into New Orleans City Council? A city council member likened the zoning issue to taking…

Private Property Rights. Anatomy of a Short Term Rental Ordinance in the Land of 10,000 Lakes.

Minneapolis, MN recently adopted short term rental ordinances which will:

  • Require hosts & services to be licensed by the city
    • No license fee will be imposed if the owner is present during the rental period
    • Host license fee will be $5,000 for the big actors & $630 for less than 150 rental options
    • Home owner license fee will range from $46 to $350 depending on the property’s tier

What’s the rush on the ordinances? The 2018 Super Bowl will be in the Twin Cities

Fox 9…

Property Rights. Lege Trend. 3 Reasons Real Estate Broker Supports Short Term Rental Statewide Preemption.

A real estate broker in Michigan penned an op-ed supporting Michigan’s HB 4503  & SB 329 that prempt local ordiannces and home owner associagtion rules regarding short term rentals. 

The 2 bills provide for local control over noise, traffic, advertising and other conditions.

The real estate broker support for these bills:

  • The bills are pro-private property rights
  • The bills aren’t preemption, the bills are a starting point for local ordinances and rules
  • Allowing for  short term rentals…