Last night, Denver’s City Council passed the short-term rental regulations recommended by the Planning Commission to the second reading, despite opposition from short-term rental platforms, such as HomeAway, and industry leaders regarding the “primary dwelling unit” requirement. City Council also voted down amendments to the proposed regulations submitted by two City Councilmembers.

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

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

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