An ordinance to authorize, regulate and enforce violations of short-term rentals in unincorporated Clark County ‘exceeds the bounds’ of what is permitted by the Nevada and US constitutions, a lawsuit says filed in Clark County District Court.
“There is no property more sacred under the laws of Nevada and the laws of the United States than one’s home,” attorneys for the Greater Las Vegas Short Term Rental Association wrote in court documents filed Tuesday. “It’s intrinsically rooted in our history.”
The association, which represents about 1,200 members in southern Nevada, including more than 700 in Clark County, wrote in a Press release that lawmakers ignored his pleas, leaving him no choice but to seek protection from the courts. They sued Clark County and the state of Nevada – which legalized the practice of using homes for commercial lodging in 2021.
“We hope, through this action, that our state and local authorities will work with us in good faith to develop sensible and fair regulations that respect our civil rights and liberties, protect private property and end regulations that keep criminals out. the law. -respectful citizens and further exacerbate the economic hardship experienced by individuals and families in Nevada,” the statement said.
The lawsuit follows Clark County’s adoption of short-term rental rules in June and comes less than a month before the application process is scheduled to go into effect for prospective tenants.
Rental legalized by the state
A law passed in the 2021 legislative session overturned a county ban on short-term rentals beginning July 1. Regulated short-term rentals are already permitted in Las Vegas, Henderson and North Las Vegas.
Spokespersons for Clark County and the Nevada Attorney General said the agencies do not comment on ongoing litigation.
Before applying for a business license — a six-month window that opens September 1 — owners had to enter a “random number generator,” which operates like a third-party-run lottery system, the county ruled when he laid the preparatory work in June.
County lawmakers ruled that licenses for more than 1% of the “housing stock” would not be issued, a point of contention with the Tenants Association, which alleged that 80% of landlords who rent their property on services like Airbnb and Vrbo would be left out.
Strict rules
Jacqueline Flores, president and director of the short-term rental association, previously told the Review-Journal that the organization had been in constant contact with the commissioners and that she was surprised that the guidelines were even stricter than those described by the Nevada mandate. .
Under rules issued by the county, applicants would have to pay a fee, meet certain requirements and follow certain rules, such as banning parties, setting minimum stay requirements and capping the number of guests. allowed. The order also set out enforcement plans, costs and consequences for violating the order.
Commissioners estimated there were more than 10,000 illegally rented properties in unincorporated Clark County, where rentals of mobile and manufactured homes, RVs, tents and pitches in Mt. Charleston , Moapa, Mesquite and Bunkerville would still be ineligible.
“To be clear, The Rental Association, through this petition, does not oppose the regulation of the short-term rental industry by Clark County or the State of Nevada,” wrote the lawyers in court documents. “He is also not opposed to the assessment and imposition of all fees and taxes on licensees and customers of short-term rentals. Nor does it invite the judiciary to engage in political debate.
However, he added, “no Nevada resident or interstate or international traveler may be compelled by law to live, do business, and have visitors in their own home under the arbitrary licensing scheme. and oppressive set forth in the order,” the complaint said. “It’s going too far. It is unconstitutional. He fails.”
Contact Ricardo Torres-Cortez at [email protected]. Follow @rickytwrites on Twitter.
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