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Parts of Clark County STR law are unconstitutional, judge rules
Parts of Clark County STR law are unconstitutional, judge rules
Some parts of Clark County, Nevada’s short-term rental (STR) ordinance are unconstitutional, a Clark County District Court judge has ruled. However, the county plans to continue to enforce portions of the law that were not struck down in the ruling.
“The Court specifically finds that certain provisions within the Ordinance are unconstitutionally vague and overbroad and fail to provide notice sufficient to enable a person of ordinary intelligence to understand what conduct is prohibited,” Judge Jessica Peterson wrote.
Those provisions 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”
The ruling came in response to a request for a preliminary injunction against the law filed by the Greater Las Vegas Short-Term Rental Association (GLVSTRA) in October.
“We were excited to finally get the signed order,” said Jacqueline Flores, president and director of the short-term rental association, which wants the county “to sit down with our attorneys to fix this whole mess. We can either fix it all now and get it right instead of going to court every single time,” she said.
County officials maintain that the ruling allows the county to continue with other provisions of the law, including issuing business licenses for STRs. More than 500 vacation rental operators have applied to be included in a license lottery. The application period ends March 1, and those chosen in the lottery may go on to apply for a county short-term rental business license.
The county’s short-term rental law was passed in June 2022, following the approval of a state law that required Clark County, along with the cities of Las Vegas, Henderson, and North Las Vegas, to regulate vacation rentals. The state law went into effect July 1, 2022. Previously, short-term rentals were banned in unincorporated areas of Clark County. Read on to learn more.