With more state and local jurisdictions passing short term rental regulations, litigation has followed. Often, such cases regard the constitutionality of these laws: does a given set of restrictions limit property rights, or hinder interstate commerce, as guaranteed by the constitution? Such is the case in New Orleans’ ongoing battle over STRs, where just last week a judge upheld the city’s ban on investor-owned STRs (the ruling is to be appealed).
But a recent short term rental court ruling in Massachusetts is in a different arena: zoning laws. Namely: if a property is not in a business property zone, can it still be primarily used as a vacation rental, i.e., a commercial purpose?
Last week, Massachusetts Land Court Judge Michael D. Vhay ruled that it cannot: per the Boston Globe, “Vhay ruled in favor of a Nantucket homeowner who sued her neighbors and the town in 2022, finding that her neighbors’ ‘principal use’ of their property for short-term rentals violated the zoning rules for that neighborhood… the ruling could compel Nantucket to take a firmer stand on regulating short-term rentals than it typically has in the past, and local leaders say it could have major implications across the island, where short-term rentals figure prominently in the economy.”
The ruling isn’t expected to impact 2024; and it should catalyze the local government to pass a relatively STR-friendly law on the small vacation island that fixes any issues from the current zoning map. That said, add zoning laws to the list of arenas where the STR regulation is to be battled.
Below, please find Property Guard's weekly short term rental regulation round-up, highlighting state and local news regarding short term rental regulations to regulate (or prohibit) Airbnbs and other STRs. If you want a comprehensive data solution on STR regulations in all 20,000 state and local jurisdictions, contact us here.
New and Proposed Regulations:
Other Noteworthy News:
