In November 2015, the Austin City Council passed a temporary moratorium on new licenses for Type 2, non-owner-occupied short-term rentals (STRs). A few months later, the moratorium was made permanent. At the same time, the city prohibited “assemblies” of more than six people between 7 a.m. and 10 p.m., effectively banning backyard cookouts and birthday parties in STRs.
The Texas Public Policy Foundation is currently fighting the ordinance on behalf of several Austin property owners. The foundation’s website describes the plight being suffered by property owners who are now unable to rent their homes.
The ordinance is a perfect example of local control getting out of control. The legislature needs to step in and outlaw such an egregious violation of property rights.
The recent legislative session featured several bills intended to override local ordinances regarding ride-sharing companies and the use of restrooms. Critics claimed that these bills usurped the power of municipalities to regulate activities within their communities. The critics are correct, but this isn’t necessarily a bad thing.
Just as the federal government has a responsibility to ensure that state governments do not violate individual rights, the state government has a responsibility to ensure that local governments do not violate individual rights. The United States Constitution is meaningless if its limitations apply only to the federal government. If that were the case, state and local governments would be permitted to do operate with no limits on their powers.
The right to property means the right of use and disposal. Owners have a moral right to use their property as they deem best, so long as they respect the rights of others to do the same. If a home owner chooses to rent his property, that is his choice and government has no moral authority to intervene. If local governments won’t protect property rights, then the state must do so.
Fortunately, Gov. Gregg Abbott is aware of the problem, and he seems to be willing to do something about it:
Some local governments, like the city of Austin, are doing everything they can to over-regulate. In the process, they are stifling our economy, interfering with job creation, and undermining private property rights.
The bullies on Austin’s City Council seem to believe that they can do whatever they please. It’s time for the real power in Austin to show them that that isn’t the case.