In cities across Texas (and the country) local politicians are imposing severe restrictions and outright bans on short-term rentals (STRs). When neighbors of STRs complain about noise, traffic, and other nuisances, city officials respond with controls and regulations rather than enforcement of existing laws.
In most locales, there are laws that address loud noise, trash in yards, and similar nuisances. But rather than enforce these laws, politicians would prefer to simply ban STRs.
If the tenants in a particular house are creating a nuisance, they should be cited. If an STR owner operates a “party house” that regularly creates a nuisance, then he should be cited. They, not the responsible STR owner whose tenants are quiet and respectful of the neighbors, are the culprits.
But rather than punish the guilty, politicians and neighborhood activists want to punish all STR owners because of the actions of a few. This is grossly unjust.
In any industry there are a few bad players. No rational person would propose punishing all doctors because a small percentage is guilty of malpractice. No rational person would propose punishing all lawyers because a small percentage engages in unethical activities.
As is often the case, the misinformed claim that STRs represent a clash of property rights. But no such clash exists when property rights are properly understood.
The right to property means the freedom to create, attain, use, keep, trade, and dispose of material values. If a property owner wishes to use his home as an STR, his right to property protects his freedom to do so. However, he cannot use his property in a way that interferes with the freedom of others to use their property as they choose–i.e., he cannot create a nuisance.
The few problems with STRs can be addressed without violating anyone’s property rights. And the way to do that is to understand what property rights really are and then protect them by enforcing existing nuisance laws.