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4. Clark County, Nevada, amends short-term rental law following court ruling

Maureen Salahshoor Denver, CO

April 24, 2023

Clark County, Nevada, has amended its short-term rental ordinance after a Clark County District Court judge ruled in February that some parts of the law are unconstitutional.

“The District Attorney’s Office believes the [judge’s] motion was incorrectly granted in part and is appealing certain issues,” wrote District Attorney Steve Wolfson in a Clark County Commission meeting agenda item proposing the amendment to the law. “However, there are a few issues with the code that can be clarified to comply with the Court’s order without filing an appeal, which this ordinance will address.”

In her February ruling, Judge Jessica Peterson struck down provisions of the law that include:

•   - A requirement for short-term rental applicants to sign a statement that they would abide by all STR rules under penalty of perjury
•  - A provision for inspections without notice or cause
•   - Vague definitions for what are considered events or disturbances
•   - Allowances for “discretionary fines and penalties”

Changes under the amended law include the following:

•   - The phrase “penalty of perjury” is replaced with a requirement that applicants must state “the information provided in the application is true, accurate, and complete to the best of their knowledge and understanding.” 
•   - The county must offer 48-hour notice for inspections and the ordinance offers more details about why inspections can be held and what areas can be inspected.
•   - A requirement that bookings “may only be made available to persons within the same family or group during the same booking period” is dropped.
•   - The definition of “party” is clarified.
•   - While the previous version stated that a misdemeanor citation could be issued for “any violation of the provisions of this Chapter,” the new version changes that to “conduct deemed unlawful by this Code or State law.”

On March 29, Clark County held its short-term rental lottery to determine the order in which 1,306 applications for short-term rental licenses will be processed. Clark County plans to limit the number of licenses issued to 1% of county housing stock, but that number has not been specified. Read on to learn more.