Federal Judge Blocks Clark County’s Short-Term Rental Ordinances; No Longer Enforceable Pending Decision
LAS VEGAS, NV – Following a court hearing earlier this month, a federal judge has granted a preliminary injunction that blocks some of Clark County’s short-term rental ordinances from being enforced while a lawsuit against the municipality plays out through the court system.
Last Wednesday, U.S. District Court Judge Miranda Du – after a previous hearing held on December 5 – issued her ruling via a 14-page order after listening to both sides of a dispute between the county and the Greater Las Vegas Short-Term Rental Association (GLVSTRA).
Clark County is currently being sued by GLVSTRA – which is representing 856 homeowners in the lawsuit – as well as 15 other individual plaintiffs – including Airbnb – after homeowners have been forced to wait years for their rental licenses to be granted, losing out on thousands of dollars in potential profits in the meantime.
The lawsuit, filed in June, claims that the county – which GLVSTRA accuses of violating the First, Third, Fourth, Fifth and 14th amendments – botched the process to file for a rental license and punished unlicensed residents who attempted to rent their properties via heavy fines and liens against their properties.
The injunction issued by Judge Du blocks Clark County from enforcing five aspects of their short-term rental ordinances, including requiring a valid business license for operating a short-term rental unit; prior to the judge’s ruling, it was illegal to rent out properties for stays of 30 days or less within the county, with violators getting hit with heavy fines. Other elements of the ordinances that are now also off the table are rules regarding distance from casinos and other short-term rentals, occupancy limits, and trash management.
Judge Du had previously denied a motion on Clark County’s behalf to dismiss the lawsuit; the current injunction will remain in-place while the lawsuit proceeds.
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Christopher Boyle is an expert investigative journalist for SEARCHEN NETWORKS® and reports for independent news and media organizations in the United States. Christopher keeps a keen-eye on what’s happening in the Vegas real estate market on behalf of Shelter Realty Property Management