LAS VEGAS (KTNV) — Clark County commissioners have authorized the District Attorney's Office to appeal a federal ruling after a judge sided with homeowners in the ongoing battle over short-term rental regulations.
The judge said the county's slow-moving permit process, endless delays and heavy-handed enforcement are likely illegal because they violate property rights by effectively preventing some homeowners from using their homes. As such, the court issued an injunction to force the county to back off on massive fines and speed up short-term rental licensing.
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Several short-term rental owners asked county commissioners to reconsider the motion before it was voted on.
"Just because hotels exist does not mean that people shouldn't have other short-term lodging options," owner Theodore Liechtenstein said. "This is similar to Uber and Lyft not being denied the ability to operate because taxis already exist."
That was echoed by homeowner Anthony Devries, who questioned whether the county was acting in the best interests of homeowners.
"Instead of correcting overreaches, this board chooses to appeal, preserving a system that disproportionately benefits large, well-connected corporate interests while burdening small property owners. We speak about protecting property rights and freedom, but those values ring hollow when enforcement and regulation falls the hardest on the ones with the least political influence," Devries said. "I believe in regulation. Of course, we have to have it and I believe there should be a licensing procedure. But why is it so difficult? ... How has Henderson been able to approve 500 licenses within six months?"
Other homeowners said they vet their guests and they don't allow their homes to be used as party houses, which is a concern that has been brought up in the past.
"The type of people I have in my Airbnb is climbers, families, people attending weddings. It's no party house," homeowner Cheryl Woods explained. "I supplemented my income by driving and a lot of people didn't want to come to Las Vegas last year ... [Visitors] did appreciate the fact that there are solutions to what the hotels were doing like gouging and charging $9 for a bottle of water and the excessive resort fees. ... Fighting to get us out is not the real solution."
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For Fred Hamsayah, he said he's been on the other side of things and has stayed in many Las Vegas Airbnbs when he was commuting back and forth to California. That was before he moved to the valley in 2018.
He said one big issue is the current Clark County short-term rental policy does not differentiate from properties that are occupied by the homeowners versus properties that aren't.
"I think there's a distinction there. I think a lot of the issues you might have tend to be inherent with a property that's not owner-occupied. Owner-occupied is different. You're literally staying at someone's house. Someone is there the whole time. You're less likely to be disruptive and plus there's a vetting system," Hamsayah told commissioners. "When I see this blanket policy and this archaic licensing process, I'm thinking is this fair? Is this just? The worst part is all the money that's been spent, taxpayer money, spent fighting this instead of coming to the negotiating table. ... Why keep spending money on litigation? No one wins but the attorneys. Let's put a pause to it. Let's come to the negotiating table. Let's talk to people and talk about compromise."
Jacqueline Flores, founder of the Greater Las Vegas Short-Term Rental Association, told commissioners she was disappointed in the county's decision to appeal the ruling.
"Instead of taking this ruling seriously and fixing what the court has already identified as unconstitutional and problematic, this board is choosing to appeal. That choice does not demonstrate respect for the law. It demonstrates resistance to it. Appealing an injunction without addressing the underlying violations only prolongs harm and increases the cost to the public," Flores said. "This board frequently speaks about its commitment to following the constitution and respecting people's rights and individual freedoms. Those principles, however, are not slogans to be repeated during campaigns. They are obligations, especially when a federal court tells you plainly that the county has exceeded its authority."
Commissioners unanimously approved authorization for the DA's office to appeal the ruling.
When looking at federal court records, there are several upcoming deadlines for attorneys to submit motions, but there are no hearings currently scheduled, as of Wednesday afternoon.
