In Dallas, the debate over short-term rentals continues. The case headed to court Wednesday morning for an appellate hearing after being delayed earlier this year. However, no ruling was made.
Dallas' approximately 3,500 active short-term rentals or STRs were regulated after the city passed two ordinances in June of last year. However, the city has not been able to enforce either ordinance after STR operators filed a lawsuit and were granted a temporary injunction nearly a year ago.
On Wednesday, an appellate hearing in front of a three-judge panel took place, with both sides presenting their arguments.
Inside the courtroom, attorneys for the City of Dallas argued the ordinances for STR registration and zoning help ensure property owners have a right to a peaceful neighborhood.
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The ordinances ban STRs in single-family neighborhoods and limit the number of nights, guests, people per bedroom, and noise levels.
“We want to be living in homes next to neighbors, not next to businesses in a constant stream of strangers,” Olive Talley said. Talley is a property owner and supporter of the STR ordinances. “When you have a business next door you don’t have a neighbor next door. You’re losing the ability to be in a community where there’s a sense of knowing each other.”
However, those on the other side of the aisle argue there is a small percentage of troublemakers.
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"The 4% that are causing the problems, let’s get together with some decent regulations,” Lisa Sievers with the Dallas Short-Term Rental Alliance said. “Let’s get rid of them.”
Sievers said she operates two STRs in her neighborhood.
“STR owners still want a registration ordinance. Because that gets rid of the very few bad apples out there,” Sievers said. “We want to be able to continue to offer that service that people want.”
STR operators also argued that the city's ordinances restrict the rights of property owners in Texas.
“This is a local ordinance that runs afoul of state law,” attorney David Coale said. Coale represents STR operators. “The solution to problems with noise and parking is to have laws about noise and parking not just to fine some group and try to put them out of business.”
The panel of judges will now review the arguments and law. A ruling could be made soon. In the meantime, Dallas’ ban on STRs still cannot be enforced.
“When you turn a home into an STR, it’s not a home,” Talley said.
“Our property rights are enshrined in the Texas constitution. That’s what makes us Texans,” Sievers said.