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Short-Term Rental Owners Sue Local City

Short-Term Rental
Small house in neighborhood | Image by Artazum/Shutterstock

Owners of short-term rental properties in Fort Worth have filed a lawsuit against the city, pushing back against a slew of regulations passed by officials in January.

Short-term rentals refer to properties made available to renters for between one and 29 days, such as those seen on platforms like Airbnb and VRBO.

Earlier this year, Fort Worth City Council passed several measures aiming to restrict the running of short-term rental properties by requiring owners to register with the city, pay hotel taxes, and comply with zoning regulations, as The Dallas Express previously reported.

Since short-term rentals are only allowed in mixed-use, commercial, and industrial zoning districts, owners of short-term rental properties in residential zones must file a petition with the city requesting a zoning change.

In response to these measures, Lauren Brady created the Fort Worth Short Term Rental Alliance (FWSTRA), and on June 15, the advocacy group filed a lawsuit against the City of Fort Worth.

Just over 100 limited liability corporations and individual property owners have joined the lawsuit asking the Tarrant County Court to block enforcement of the city’s policy.

A press release from FWSTRA alleged that there would be more participants but the city has discouraged property owners from joining the initiative through threats.

“Despite the fear of retaliation from the City of Fort Worth, specifically, code compliance officers, the lawsuit filed contains both individual citizens and limited liability companies,” the FWSTRA press release read. “And while there are more than 110 plaintiffs, some supportive citizens declined to take part due to the fear of harassment by city officials.”

FWSTRA maintained that the regulations targeting short-term rentals violate their property rights and economic liberties.

“Property rights are fundamental, protected by the Texas Constitution and the path city council members and staff have chosen is not only an overreach, but it’s unconstitutional,” continued the press release.

The lawsuit similarly alleged that the city aimed “to wrest control of the lease term from private landowners.”

FWSTRA also remarked in its press release on the city’s use of “tens of thousands” of taxpayer dollars to “surveil citizens” in hiring Deckard Technologies to watch for illegal listings.

A statement from the city in response to the lawsuit did not comment on the allegations of harassment levied by FWSTRA but argued it must preserve residential neighborhoods while allowing for tourism, according to the Fort Worth Star-Telegram.

It added that “the City looks forward to vigorously defending this lawsuit.”

Several cities have passed or are considering rules that either ban or restrict short-term rentals, claiming they shrink local housing markets and degrade residential neighborhoods.

As The Dallas Express reported, short-term rentals in single-family residential neighborhoods were recently banned by Dallas City Council.

Leading up to their decision, some members of the public spoke before the council and echoed some of the claims of FWSTRA. But others shared stories of party houses, shoot-outs, and drug use occurring at short-term rentals in their neighborhoods.

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