Short-Term Residential Rentals

This article asks whether regulatory restrictions on short-term residential rentals constitute unconstitutional takings of private property without just compensation. It begins with a historical perspective on home sharing in the United States, focusing on the nineteenth-century boarding house as an economic strategy for minority, immigrant, and women homeowners. The article then examines short-term residential rental restrictions under the Takings Clause of the Constitution, using the New York City experience as a case study. It argues that facilitating such uses can benefit municipalities by providing homeowners with additional income to offset mortgage and maintenance costs.