Protect Our Neighborhoods v. City of Palm Springs
Facts: A local ordinance and zoning code allows rentals of less than 30 days for single-family dwellings but prohibits short term occupancies for commercial properties. A local organization seeks to stop short-term rental of residential properties.
Claim: The housing organization claims the short-term rental of single-family dwellings violates the city’s zoning codes since the short-term rental of single-family residences changes the character of the properties qualifying them as commercial property which may not be rented out on a short-term basis.
Counterclaim: The local agency claims short-term rentals of residential properties are controlled by the city’s residential zoning code regardless of their use.
Holding: A California appeals court holds the city did not violate the zoning codes for commercial property by allowing the short-term rental of single-family residences since single family housing is residential property. [Protect Our Neighborhoods v. City of Palm Springs (2022) 73 CA5th 667]
Read Protect Our Neighborhoods v. Palm Springs in full here.
Related Reading:
Property Management
Chapter 50: Commercial Rent Control Prohibited
