The proposed regulations spearheaded by Councilwoman Mary Beth Susman and recommended by Denver’s Planning Commission last month may not have a clear path to approval by City Council. As discussed in a prior post, the proposed zoning regulations for short-term rentals, drafted after much consideration in public presentations and town hall meetings earlier this year, would permit properly licensed short-term rentals city-wide, subject to certain limitations. One of those limitations, which require the short-term rental unit to be the host’s primary residence, received significant push-back from several Denver residents who currently rent homes other than their primary residence on hosting websites such as Airbnb and VRBO.
Continue Reading Two Denver City Councilmembers Propose Alternative Short-Term Rental Regulations
Village’s Failure to Rezone Land for Multi-Family Use Violates Fair Housing Act: Second Circuit
In a case that has been percolating for over 14 years, the federal Second Circuit Court of Appeals concluded last month that the Village of Garden City, New York engaged in racial discrimination in violation of the federal Fair Housing Act (FHA) as a result of unlawful zoning practices. The Second Circuit’s decision came in
Ninth Circuit: Local Government’s Denial of Rezoning May Violate Fair Housing Act
In Ave. 6E Invs., LLC v. City of Yuma, decided last week, the Ninth Circuit considered whether a local government’s refusal to grant a rezoning request that would have allowed higher-density residential development violated the Fair Housing Act (FHA). This case is one of the most significant cases since last summer’s Supreme Court decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project to address issues of disparate impact and discriminatory intent under the FHA.
Continue Reading Ninth Circuit: Local Government’s Denial of Rezoning May Violate Fair Housing Act
Denver Short-Term Rental Update
In a three-hour public meeting last night, the Denver Planning Commission heard public comments from supporters and opponents of the City’s proposed zoning regulations for short-term rentals.
Continue Reading Denver Short-Term Rental Update
Cert Petition Asks U.S. Supreme Court to Reconsider Williamson County Doctrine
Last month, a petition for writ of certiorari was filed with the U.S. Supreme Court, asking the Court to revisit a 30-year-old doctrine that makes it difficult for private landowners to bring inverse condemnation and regulatory takings claims.
Continue Reading Cert Petition Asks U.S. Supreme Court to Reconsider Williamson County Doctrine