The Legal Battle of Short-Term Rentals
We have taken legal action on two fronts:
First, we submitted a Petition for a Preliminary Injunction to block Clark County from enforcing its recent regulations, and secondly, we initiated a Lawsuit aimed at challenging the constitutionality of both Clark County's Ordinance and the State's Short-Term Rental Law.
Background Summary:
The Greater Las Vegas Short-Term Rental Association has been at the forefront fighting on behalf of private property owners of STRs at the local and State level.
For years, we have been advising public officials of the great benefits STRs offer individuals, families, and small business owners in Nevada. Despite this, our public officials have been more inclined to listen to the biggest politically influential special interest groups in Nevada, the Nevada Resorts Association (despite the fact that many resort hotel employees supplement their income through STRs), the Culinary Union leadership (despite the fact many of their members rely on STR for income), and the handful of neighbors who recycle old stories or incidents from other cities (despite the fact that over 95% of STRs operate without any issues). It is clear, our public officials chose special interest groups over individuals and families in Nevada trying to make ends meet!
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It also became evident that our public officials attitude was to prohibit or heavily restrict Nevada private property owners from being able to freely rent their homes at all costs, despite having no real nuisance. In fact, Nevada government officials, knowing that most STRs have little to no real nuisance, went as far as to pass regulations making "the rental of one's private property for less than 31 days" a nuisance. Essentially, criminalizing a normal and lawful practice that has existed for centuries and turning otherwise law-abiding citizens into criminals overnight.
Today this practice still continues, our local government officials use Code Enforcement Officers to intimidate and oppress private property owners and their renters by showing up to private homes to interrogate individuals using bogus complaints and putting renters on the defensive and later issuing "inspection fees" and "fines/liens" on private property owners to bully and force them into submission. These are our elected officials in full display using their position in power to turn a lawful-practice into a crime to make criminals out of law-abiding citizens in order to crush average folks and rule them through force.
Not being satisfied with the results of their overreaching actions, our public officials have kept raising the bar by passing more regulations and restrictions on private property owners. How far are they willing to go to protect special interest groups? Well, in 2021, Clark County Commissioners sent their own lobbyist to the State Capitol to demand for more overreaching powers to oppress individual Nevadans. They wanted the power to foreclose on people's private properties for the "crime" of renting their home for less than 31 days (that was Senate Bill 57 or SB57 - click here to read that Bill). Thankfully, we were also there fighting back to defend Nevadans. We used the few resources we had and the experience of some of our members and were able to defeat SB57. To read our Association's statement in opposition of SB57, click here.
However, the battle was just beginning but we were determined to remain in Carson City, NV as long as we needed to. We were alerted about another State Bill to regulate private properties, AB363. It was promoted as a "path to legalization" but like most Bills, the devil is in the details. AB363 was, yet again, an attempt to protect the resort hotel industry and come down hard with a hammer on average folks renting out their homes for less than 31 days.
We organized private property owners of STRs to speak during the various Legislative hearings so they could offer first-hand accounts of their experience as STR operators so State officials could meet and understand the people behind these rentals. We wished we had more private property owners involved but we also know that years of local government intimidation kept the vast majority of these citizens hidden in the shadows for fear of retaliation. Imagine that, Nevadan voters in fear of their elected officials. A sad time for Democracy and freedom in the State of Nevada.
Our Association urged Nevada Legislators to vote against AB363 because passing such Bill in its form would deprive thousands of Nevadans from being able to earn much needed income; income that many use to make ends meet or to replace their entire income lost due to the pandemic and/or due to layoffs. Despite being warned about how the proposed State bill would attack private property rights in Nevada, the majority of Nevada Legislators chose to, not only protect the Nevada Resort Hotels and Culinary Union (both of which supported these harsh restrictions) but, they chose to harm thousands of Nevadan families by taking away a valuable source of income and violating their private property rights in the process! To read our Association's statement in opposition of AB363, click here.
AB363 essentially gave cities and counties in Southern Nevada the green light to further inflict more pain and suffering on the little people in favor of protecting the corporate profits of the resort hotels. The Bill also included an outright prohibition on private properties located within 2,500-foot radius from any unrestricted gaming resort hotel that denies them the opportunity to rent their homes for less than 31 days.
AB363 was a handout to big corporations and special interest groups, an attack on private properties rights, and a blind eye to individual Nevadans and their families trying to make ends meet.
Timeline of Events:
On May 31, 2021, the Nevada Legislature voted to approve Assembly Bill 363 (AB363) sponsored by Democratic Assemblywoman Rochelle Nguyen and Republican Assemblyman Tom Roberts.
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On June 4, 2021, Governor Steve Sisolak signed AB363 into law.
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On June 21, 2022, Clark County Commissioners, relying on AB363, voted to pass new overly-restrictive regulations on short-term rentals; despite our continued opposition and warning that the proposed regulations went too far and violated private property owners' rights protected under the Nevada and US Constitution.
Click here to read the Clark County STR Ordinance.
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Legal Action Timeline:
On August 3, 2022, having been left with no other alternative, our Association filed our lawsuit against Clark County, the Clark County Commissioners, and the State of Nevada to challenge the County's Ordinance and the State's law AB363. We are asking the Court for an injunction that will immediately block the County's Ordinance from being enforced and to declare the County's Ordinance and State law unconstitutional under the Nevada and US Constitution.
Click here to read our lawsuit.
On September 21, 2022, Clark County filed a Motion to our lawsuit. The County did not address our lawsuit but instead it chose to use procedural games and other tactics to delay the Court's decision on our case, waste taxpayer's money, and further increase our legal costs.
Click here to read their Motion for a More Definite Statement.
On October 3, 2022, we filed the following in response to Clark County's Motion.
Click here to read our Opposition to the County's Motion.
Click here to read our Motion for Preliminary Injunction.
Click here to read our Second Amended Complaint.
On October 18, 2022, Clark County filed their Answer to our Second Amended Complaint and filed Counterclaims Against Greater Las Vegas Short Term Rental Association and Jacqueline Flores.
Click here to read the Defendants/Counterclaimants Clark County's Answer to Second Amended Complaint and Counterclaims against Greater Las Vegas Short Term Rental Association and Jacqueline Flores
On November 4, 2022, Clark County filed their Opposition to Plaintiffs' Motion for a Preliminary Injunction.
Click here to read Clark County's Opposition to Plaintiffs' Motion for a Preliminary Injunction.
On November 8, 2022, we filed a Motion to Dismiss Counterclaims Pursuant to NRCP 12(b).
Click here to read our Motion to Dismiss Counterclaims Pursuant to NRCP 12(b).
On November 11, 2022, we filed our Reply to Clark County's Opposition to Motion for Preliminary Injunction.
Click here to read our Reply to Clark County's Opposition to Motion for Preliminary Injunction.
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On December 1, 2022, we filed our Supplemental Memorandum of Points and Authorities Re: Short-Term Rental Decisions.
Click here to read our Supplemental Memorandum of Points and Authorities Re: Short-Term Rental Decisions
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On December 5, 2022, we filed our Reply to Clark County's Limited Opposition to Motion to Dismiss.
Click here to read our Reply to Clark County's Limited Opposition to Motion to Dismiss.
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On December 6, 2022, we filed our Motion to Dismiss Pursuant to NRCP 12(b): Clark County's First Amended Counterclaims.
Click here to read our: Motion to Dismiss Pursuant to NRCP 12(b): Clark County's First Amended Counterclaims.
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On December 12, 2022, we filed our Anti-Slapp: Special Motion to Dismiss Pursuant to NRS 41.660.
Click here to read our: Anti-Slapp: Special Motion to Dismiss Pursuant to NRS 41.660.
On December 12, 2022, the Court heard and granted our Motion to Dismiss Clark County's Counterclaims. A victory for the Association and our President and Director Jacqueline Flores, who was personally countersued by Clark County in what the Court referred to as a "retaliatory" action by the County.
On December 14, 2022, we filed a Notice of Hearing regarding Anti-Slapp: Special Motion to Dismiss Pursuant to NRS 41.660. Click here to read our: Notice of Hearing regarding Anti-Slapp: Special Motion to Dismiss Pursuant to NRS 41.660.
On February 16, 2023, The Court issued a signed Order granting both our Motion for Preliminary Injunction against Clark County and the State of Nevada and also our Motion to Dismiss Clark County's Counterclaims! A victory for the Association and Airbnb and VRBO homeowners!
On March 13, 2023, we filed a Notice of Appeal to the Nevada Supreme Court!
On March 13, 2023, we filed
On March 13, 2023, we filed our Notice of Appeal to the Nevada Supreme Court.
On September 5, 2023, we filed our Opening Brief and Joint Appendix Vol 1, Vol 2, Vol 3, Vol 4, and Vol 5 to the Nevada Supreme Court.
On September 12, 2023, the Gold Water Institute filed their Motion for Leave to File Amicus Brief to the Nevada Supreme Court.
On September 13, 2023, a Notice of Rejection of Filed Document was issued by the Nevada Supreme Court against the Gold Water Institute.
On September 13, 2023, the Gold Water Institute filed a Motion for Leave to File Amicus Brief to the Nevada Supreme Court.
On September 13, 2023, the Gold Water Institute filed their Amicus Brief to the Nevada Supreme Court.
On September 20, 2023, Clark County filed an Opposition to Motion for Leave to File Amicus Brief to the Nevada Supreme Court.
On September 21, 2023, the Gold Water Institute filed a Reply & Motion to Strike re Opposition to Motion for Leave to File Brief Amicus Curiae to the Nevada Supreme Court.
On September 28, 2023, Clark County filed a Stipulation and Extension of Time to the Nevada Supreme Court.
On September 29, 2023, a Notice of Motion Stipulation Approved was issued by the Nevada Supreme Court.
On October 13, 2023, an Order Denying Motion was issued by the Nevada Supreme Court against Gold Water Institute.
On November 6, 2023, Clark County filed its Opening Brief and Answering Brief to the Nevada Supreme Court.
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Continue to Make Your Donations to the Legal Fund to Support the On-Going Lawsuit.
To donate, CLICK HERE
Your donations will help us cover the legal expenses to continue fighting on your behalf and protect your property rights and civil liberties against government overreach.
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