Is Airbnb Illegal?
From the Airbnb owner's view, renting is a property right that the local government is trying to regulate, think Nashville, las Vegas, and Orlando as cities trying to outlaw STR. This property right is protected by both federal and state Equal Protection rights, see Hernandez v. Robles , 7 N.Y.3d 338, 362 (2006) and means that in no way is renting or buying an Airbnb illegal but that doesn't mean local cities can't regulate it. With the Equal Protection Clause, all persons similarly situated are to be treated correspondingly; hence any property owner desiring to legally rent their unit must comply with the local rental permit ordinance. Applying the well-established “rationally related” standard to any property right deprivation would pass constitutional muster if the intent of the ordinance is to protect the health, safety, and welfare of the local government residents. The guise of any rental permit ordinance is to protect the Short term rental inhabitants as well as pro...
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