Short -Term Rental Restrictions in your city.

Dated: March 1 2023

Views: 330

The United States Constitution guarantees certain rights to citizens, including the right to vote and the right to own property. Two amendments that specifically address these rights are the 15th and 18th amendments. However, when a town imposes short-term rental restrictions on privately owned property, it can be argued that these amendments are being violated.

The 15th amendment, ratified in 1870, prohibits the denial of voting rights based on race, color, or previous condition of servitude. While it may seem like a stretch to connect this amendment to short-term rental restrictions, it is important to consider the potential discriminatory impact of such restrictions. For example, if a town enacts a ban on short-term rentals, it may disproportionately affect people of color or low-income individuals who rely on income from renting out their property. This could lead to a situation where these individuals are effectively being denied the ability to earn income and participate fully in society.

Additionally, the 18th amendment, ratified in 1919, prohibited the manufacture, sale, and transportation of intoxicating liquors. While this amendment was later repealed, it is still relevant to the issue of short-term rental restrictions. One argument against short-term rental restrictions is that they are a violation of property rights, which are protected under the 18th amendment. Property owners have the right to use their property as they see fit, as long as it does not harm others. Restrictions on short-term rentals may infringe upon this right, particularly if the owner is using the property for personal financial gain.

Furthermore, it could be argued that short-term rental restrictions violate the Due Process Clause of the 14th amendment, which prohibits state and local governments from depriving individuals of life, liberty, or property without due process of law. If a town enacts short-term rental restrictions without providing a fair and reasonable process for property owners to challenge or appeal such restrictions, it may be deemed a violation of the Due Process Clause.

Some proponents of short-term rental restrictions argue that they are necessary to protect the safety and welfare of the community. For example, they may argue that such restrictions can help prevent noise disturbances or overcrowding in residential areas. While these concerns may be valid, it is important to consider whether there are alternative solutions that do not infringe upon property rights or violate constitutional amendments.

In conclusion, while the issue of short-term rental restrictions may seem like a minor local matter, it is important to consider the potential constitutional implications. Restrictions on short-term rentals may violate the 15th and 18th amendments, as well as the Due Process Clause of the 14th amendment. It is important for towns and municipalities to carefully consider the potential impact of such restrictions and to ensure that they are not violating citizens' constitutional rights.

Please note: This article is not to be taken as legal advise, as the author is not a licensed or board approved attorney. This is for educational purposes only.

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Ryan & Megan Winslow

Making their first foray into real estate in 2009, Megan & Ryan Winslow applied entrepreneurial business acumen, housing market knowledge, effusive charisma, and personal experience to every trans....

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