Judge Upholds Burlington's Restrictions on STRs

11/26/2024

Superior Court Judge Samuel Hoar ruled this week that Burlington, Vermont, has broad authority to regulate short-term rentals (STRs) in the city. A group of property owners sued last year, claiming that the city overstepped its authority when it passed restrictions on STRs, including a requirement that, in most cases, property owners live on the same lot or building as the rental. Burlington’s ordinance defines STRs as units that are rented for fewer than 30 consecutive days, and for more than 14 days in a 12-month period. The lawsuit claimed that state law only allows regulation of STRs for the purpose of promoting a municipality's health, safety, and welfare, and that duration limits and occupancy requirements for rentals don’t promote any of the categories spelled out in the statute. But Hoar ruled that state law allows municipalities to impose these regulations, and that the city's intention with the ordinance was to promote more long-term housing in the city, which is a public benefit.

Vermont Public (11/22/24) Liam Elder-Connors