Federal Court Rules Austin’s Short-Term Rental Rules Unlawful

8/10/2023

Senior US District Judge David Alan Ezra on Aug. 1 issued a ruling that overturns Austin’s short-term rental (STR) ordinance adopted in 2016. The plaintiffs, Robert Anding and his wife, Roberta, filed suit against the city after attempting to register one of their properties as a rental. Because they did not occupy the property as their homestead, the city denied their application. Austin adopted rules in 2016 to limit the number of short-term rental properties in the city. In its attempt, Ezra ruled, the city violated the Andings’ constitutional rights. According to the judgment, “the imposition of a homestead requirement for individuals who owned a Type 2 property prior to the 2016 revision of the STR ordinance is unconstitutionally retroactive.”

Austin Monitor (08/03/23) Jo Clifton

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