AG Paxton Joins Lawsuit To Protect Property Rights

 AUSTIN— Attorney General Ken Paxton today intervened in a lawsuit against the city of Austin over its onerous short-term rental ordinance, concerned that it exceeds the lawful scope of the city’s authority and infringes upon residents’ fundamental constitutional rights.

The ordinance, approved by the Austin City Council last February, violates the freedom of assembly by prohibiting more than 10 people at a time from using a property and no more than six from congregating in the property’s yard outside. Additionally, the rules allow code compliance officers to enter a short-term rental property at any time – violating homeowner protections against unlawful search and seizure.

“This blatant overreach by local government infringes upon the constitutional rights of people who own and stay at short-term rentals,” Attorney General Paxton said. “The city of Austin’s draconian ordinance defies logic and common sense, and must be struck down.”   

The city of Austin’s ordinance phases out short-term rental permits by 2022 for homeowners who want to rent out their secondary homes.

To view a copy of the intervention, click here https://www.texasattorneygeneral.gov/files/epress/1.pdf?cachebuster:22