Judge declares short-term rental law unconstitutional | New

HENDERSONVILLE, TN (WSMV) – A judge has ruled that it is unconstitutional not to allow short-term rentals in Hendersonville. The decision could have consequences statewide.

Initially, the idea was to keep Hendersonville quiet and avoid pool parties at 3 a.m.

“You have doors slamming. You have people screaming,” said Kim Edwards of Hendersonville.

Edwards and her husband spent thousands of dollars trying to block out the noise from the short-term rental next door.

“I’m just up night after night after night, and it’s going to drive you crazy,” Edwards said.

Hendersonville sued owner Jimmy Allen, saying he violated the city’s short-term rental ban dozens of times. Allen counterattacked, and a judge recently agreed, calling the ban unconstitutional.

“If this ordinance is unconstitutional, then all of Tennessee’s zoning laws are unconstitutional,” said Mayor Jamy Clary.

Clary said the move could lead to changes for cities across the state.

“If this ruling is upheld, all other cities in Tennessee will challenge their restrictions on short-term rentals,” Clary said. “It will be Nashville. It will be Memphis. It will be Gatlinburg.”

Allen’s attorney told News 4, “We agree with the judge’s ruling but cannot go into details at this point as there is still litigation.”

The city plans to appeal. Clary said they were doing it.

“I would say the judge lives in a house where there is no Airbnb right next to him, and he has no idea what that is,” Edwards said.

News 4 reached out to Airbnb and Vrbo to hear their reaction to the judge’s ruling here in Hendersonville. If we get a response, News 4 will issue statements.

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