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 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

Only a few weeks after the U.S. Supreme Court announced its decision upholding disparate impact as basis for liability under the Fair Housing Act (the Act; for further discussion of the case, see our blog posts here and here), the U.S. Department of Housing and Urban Development (HUD) promulgated a new rule implementing the Act.
Continue Reading Affirmatively Furthering Fair Housing: HUD Promulgates Final Rule