Re-Zoning the Sharing Economy: Municipal Authority to Regulate Short-Term Rentals of Real Property

SMU Law Review 70(2) Article 11, 2017

By: Southern Methodist University

https://scholar.smu.edu/smulr/vol70/iss2/11
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Short-Term Residential Rentals

This article examines how local governments can regulate short-term residential rentals through their zoning powers in ways that uphold constitutional rights. It describes how short-term residential rentals on home sharing platforms present local governments with a new type of regulatory challenge and examines their extensive authority to regulate these uses through traditional zoning, while highlighting the importance of avoiding the violation of individual property rights. It offers a case study of legal conflict over short-term residential rental regulations in Austin, Texas, to inform the discussion.