LAS VEGAS (KTNV) — The path to authorizing short-term rentals in Clark County is hitting another roadblock.
Clark County District Court judge Jessica Peterson said parts of an ordinance regulating short-term rentals is unconstitutional.
Bans on short-term rentals in unincorporated Clark County went into effect back in 2001 but according to court records, there were about 7,700 short-terms rentals listed in 2021.
The Nevada legislature ordered counties considering short-term rentals to have an ordinance in place by July 1, 2022.
Clark County commissioners approved an ordinance to regulate those properties last June with the following provisions.
- Prohibits more than one short-term rental within 1,000 feet of each other.
- Hosts must allow the County to inspect the residential units without advance notice.
- Allow misdemeanor citations for violations of this ordinance, thus opening the possibility of criminal liability for issues as minor as the placement of trash.
At the time, Airbnb issued a statement saying the new rules would limit the number of accommodations available to visitors and make it harder for Clark County residents to share their homes.
“From the start, Hosts on Airbnb have offered to work with Clark County Commissioners on rules that allow regular people to share their homes to earn extra income and to support the region’s tourism economy, both of these are needed now more than ever as residents continue to navigate economic headwinds,” said John Choi, Airbnb’s Head of US West Public Policy. “Today Clark County commissioners passed new rules that are stricter than what is required by state law and will take money out of the pockets of Nevada residents and the local tourism economy."
Court records show that in October, the Rental Association filed a motion against the Ordinance saying it violated several provisions of the Nevada Constitution and the U.S. Constitution and shouldn't be implemented.
In her ruling, Peterson said Article 1, Section 8 of the Nevada Constitution and the Fifth and Fourteenth Amendments of the U.S. Constitution prohibit government entities from putting a licensing scheme in place that is arbitrary or vague.
She used several examples of the ordinance which included allowing Clark County officials to enter short-term rentals at any time with or without notice to inspect properties.
Peterson said that there are no standards or objective criteria for those searches.
Another example is prohibiting parties, weddings, and other events.
The ordinance would ban them if they exceed the maximum occupancy of the residential unit.
In her ruling, Peterson said what qualifies as a party or wedding is vague and ambiguous and that these gatherings can also include religious activities which are protected by the Constitution.
The county said the ruling won't prevent them from issuing licenses.
The six-month application process ends in March.
As for this case, no future hearings have been scheduled so far.
