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
Land Use
Voters Approve New Taxes on Short-Term Rentals
Two major cities on the front range recently enacted new regulations – and city taxes – for short-term rentals.
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Is Renting Your Home on Airbnb Illegal? Maybe.

One of the biggest players in what’s been dubbed the “sharing economy” is Airbnb, a peer-to-peer lodging platform that makes it easy for homeowners or renters to open up their homes to strangers in the form of short-term lodging. For many of the families renting their homes or rooms in their homes on Airbnb and other sites, the income from a short-term rental can provide a financial cushion, and may be enough to make ends meet. One study commissioned by Airbnb found that a typical single-property host makes an average of $7,530 for renting an average of 66 days per year.
Continue Reading Is Renting Your Home on Airbnb Illegal? Maybe.
Disparate Impact Liability Survives U.S. Supreme Court Review
In a 5-4 decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., the U.S. Supreme Court upheld the use of disparate impact analysis in Fair Housing Act claims.
Continue Reading Disparate Impact Liability Survives U.S. Supreme Court Review
California Supreme Court: Mandatory Affordable Housing Requirements Are Valid Land Use Regulations
Last week, in a case with national significance for multifamily housing developers, housing advocates, and local governments, the California Supreme Court upheld the City of San Jose’s inclusionary housing ordinance.
Continue Reading California Supreme Court: Mandatory Affordable Housing Requirements Are Valid Land Use Regulations