Court upholds Arlington ban on most Airbnb and other short-term rentals

Arlington can continue to impose restrictions on short-term rentals in neighborhoods outside the city’s entertainment district, according to a ruling by the 2nd Texas District Court of Appeals in Fort Worth.

In a July 15 statement, Judge Elizabeth Kerr said the restrictions did not violate state law or the rights of renters and landlords.

The ruling is the latest in a year-long battle between short-term rental providers like Airbnb and VRBO, residents of Arlington and the city, as a growing number of short-term rentals emerged in residential neighborhoods near the AT&T Stadium and Globe Life Park, and other attractions .

“But for some Arlington residents who live near STRs, this influx of temporary tenants into residential neighborhoods has created problems: noise pollution, wild parties and over-parking on the street, and trash spilling onto the street and tenants in Fistfighting and urinating get involved in front gardens, ”says the court opinion.

In 2019, Arlington banned short-term rentals outside of a one-mile radius of the city’s entertainment district. Limits have also been set on how many people can stay in a rental apartment and when tenants can gather outside of the property.

Five homeowners opposed the regulation and requested an injunction that would have prevented the regulation from being enacted. The homeowners argued that the ordinance exceeded the city’s power and violated their rights.

Arlington homeowner Dave Schwarte, who helped found the Neighborhoods Are For Neighbors coalition, told CBSDFW (Channel 11) that the ordinance allows residents to “take back our neighborhoods.”

Schwarte told the broadcaster that short-term rentals can bring wild parties, rubbish and even violence to otherwise quiet neighborhoods, adding that the ruling could serve as a roadmap for Dallas and other cities in view of a ban on short-term rentals.

“It means you have the power to regulate them and remove the misery from your neighborhoods if you do it right,” he told Channel 11.

In June, Airbnb and VRBO announced a partnership, the Community Integrity Program, to improve community security by sharing listing information and identifying repeat “party house” offenders.

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