Post by High Priestess on Jun 22, 2019 16:26:21 GMT
An interesting property rights case victory in the US Supreme Court, has quite possibly beneficial consequence for anyone doing short term rentals.
www.npr.org/2019/06/22/734919303/supreme-court-overturns-precedent-in-property-rights-case-a-sign-of-things-to-co
The court ruled here that when a property owner is experiencing what seems to be unconstitutional intrusions on their rights, they are allowed to go directly to federal court to sue over this. I see this as very important and helpful to those doing short term rentals, for two reasons. One is that local courts often simply rubber stamp the policy of local jurisdictions, and there have been local cases in my area, for instance, where a judge came out with a ruling on someone renting out rooms in their own home, which seems incredibly wrong and unfair. The judge basically backed the city rent board's illegal attempt to put this single family homeowner under rent control, when laws on the matter make clear that someone in those circumstances (renting out rooms in the home you live in ) does not come under rent control laws.
Second, by going directly to federal court, they could potentially save a lot on the court costs.
So for a property owner to be able to go directly to federal court, could save them money and also bypass corrupt local court systems which have been tainted by local politicians.
The fact is that property rights are a constitutional matter, not a local one. And in the more "left wing" cities there has been a growing "socialist creep" whereby the city and state have been attempting to exert more and more control over people's private property, to the extent that this can be seen as illegal taking of private property.
www.npr.org/2019/06/22/734919303/supreme-court-overturns-precedent-in-property-rights-case-a-sign-of-things-to-co
The court ruled here that when a property owner is experiencing what seems to be unconstitutional intrusions on their rights, they are allowed to go directly to federal court to sue over this. I see this as very important and helpful to those doing short term rentals, for two reasons. One is that local courts often simply rubber stamp the policy of local jurisdictions, and there have been local cases in my area, for instance, where a judge came out with a ruling on someone renting out rooms in their own home, which seems incredibly wrong and unfair. The judge basically backed the city rent board's illegal attempt to put this single family homeowner under rent control, when laws on the matter make clear that someone in those circumstances (renting out rooms in the home you live in ) does not come under rent control laws.
Second, by going directly to federal court, they could potentially save a lot on the court costs.
So for a property owner to be able to go directly to federal court, could save them money and also bypass corrupt local court systems which have been tainted by local politicians.
The fact is that property rights are a constitutional matter, not a local one. And in the more "left wing" cities there has been a growing "socialist creep" whereby the city and state have been attempting to exert more and more control over people's private property, to the extent that this can be seen as illegal taking of private property.