New orleans airbnb7/22/2023 ![]() ![]() “How are you going to enforce that someone is on the property?” Johnson asked. Without that exemption, it would be hard to determine if someone was living there, said Allen Johnson of the Faubourg Marigny Improvement Association, a group seeking to limit short-term rentals in one historic New Orleans neighborhood. It’s a way for the city to make sure someone responsible for the property is living on site when it’s being rented. ![]() Smith’s opinion noted a California decision upholding the city of Santa Monica’s requirement that someone live at a short-term rental full time, “but that person did not need to be the owner of the property,” so out-of-state owners weren’t excluded.īut, in New Orleans, property owners must have a Louisiana homestead property tax exemption - available only to residents - in order to get a short-term rental license. The decision is binding in the three states covered by the 5th Circuit - Louisiana, Mississippi and Texas - although it will be considered “persuasive authority” in other jurisdictions, Dawn Wheelan, attorney for those challenging the New Orleans rules, said in an email Tuesday. The ruling’s effect on similar residency requirements in other cities wasn’t immediately clear. The three-judge panel unanimously overturned the decision of a lower court judge who upheld the law - despite agreeing that it restricted interstate commerce - because he said “the burden it imposed was not ‘clearly excessive in relation to the putative local benefits.’”īut the appeals court judges said the city must look at alternatives that don’t eliminate out-of-state property owners, such as higher taxes on short-term rentals, limits on the number of licenses issued in a given area or requirements that short-term rental owners hire an operator to stay on the property overnight “thus acting as the ‘adult supervision’ that the City ostensibly hopes live-in owners will provide,” Judge Jerry Smith wrote for the panel.
0 Comments
Leave a Reply. |