Debates over property rights issues are often filled with claims that reveal a complete misunderstanding of property rights. For example, in a recent article on the Dallas Observer website regarding the regulation of short-term rentals (STRs), a former Arlington council member is quoted: “Whose private property rights are we going to be protecting?” The question…
The Texas House recently heard testimony on the regulation of short-term rentals (STRs) by local governments. The City of Austin has targeted STRs that are not occupied by the owner. According to the Austin Monitor: Daniel Armstrong, a code enforcement officer with the city, told the House Urban Affairs Committee that the bill would kneecap…
Opponents of short-term rentals (STRs) often claim that the owners of such properties are operating a commercial business in a residential area. In most neighborhoods, either zoning or deed restrictions prohibit such activities. As an example, last year, the Texas Supreme Court ruled in favor of an STR owner who was cited by his homeowners…
A pair of bills have been introduced in the current Texas legislative session that would limit the regulations that local governments can impose on short-term rentals (STRs). A coalition of organizations involved in STR support the bills, but those organizations are short-sighted. Rather than oppose any controls and regulations on their economic freedom, these organizations…
A recent editorial in the Austin American-Statesman called for legislators to enact “common-sense” reforms of the state’s civil asset forfeiture laws. The editorial correctly notes that Gov. Greg Abbott and many Republican lawmakers have trumpeted the cause of private property rights when it comes to annexation, fracking bans or local tree ordinances, yet they have…
In September, the Austin American-Statesman published a three-part series on the growing conflict between the owners of some short-term rentals (STRs) and their neighbors. While the series was intended to demonstrate the need for more stringent enforcement of Austin’s STR regulations, it unwittingly demonstrated a more fundamental issue: the lack of principles underlying the entire…
For some time, I have been defending short-term rentals (STRs), such as the accommodations offered through companies like Airbnb. This past weekend, I spent two nights at a home that was rented through Airbnb. Critics of STRs like to portray them as “party houses,” homes that are turned into raucous bastions of mayhem and disruption…
San Antonio has become the latest Texas city to regulate short-term rentals (STRs). The city’s new regulations limit the number of STRs on a block, require owners to register with the city, and require owners to pay the city’s hotel occupancy test. Many opponents of STRs wanted a complete ban on the activity. While opponents…
The owners of short-term rentals (STRs) in Grapevine have filed suit challenging the city’s ban on STRs. Grapevine City Attorney Matthew Boyle responded to the suit in an emailed statement saying, Plaintiffs seek a ruling that their illegal activity should be grandfathered for a period to allow them to recoup their investments in spite of…
A graphic at the beginning of a recent article about short-term rentals (STRs) in the Dallas area illustrates the fundamental nature of zoning. In the graphic, it is stated that the zoning ordinance adopted by Grapevine in 1982 did not permit STRs. It is implied that if a particular use is not explicitly permitted, then…
In early September Grapevine became the latest Texas city to outlaw short-term rentals (STRs), such as Airbnb. The city’s mayor defended the prohibition, saying, It’s just not appropriate. We spent hours zoning this town, protecting single family homes and putting businesses along the highways. We’ve got a well-planned town. If you love this town, we…
Each weekend this summer, thousands of Americans will host a backyard barbeque. They will invite friends, family, and co-workers to enjoy the weather, pleasant company, and grilled meat. Most of these gatherings will bother nobody. But a few may last late into the night, with music and loud talking disrupting the neighborhood. In many situations,…