Post by High Priestess on Oct 12, 2016 5:29:04 GMT
Here is some news on Airbnb's lawsuit against Santa Monica, over its restrictive short term rental regulations:
www.surfsantamonica.com/ssm_site/the_lookout/news/News-2016/October-2016/10_06_2016_Injunction_Filed_to_Halt_Enforcement_of_Santa_Monicas_Short_term_Rental_Law.html
Attorneys for short term rental hosts in Santa Monica are seeking a temporary injunction in federal court to stop the City's new short-term rental law, claiming that the ordinance -- among the nation's toughest -- is unconstitutional and causing “irreparable harm” to residents.
The preliminary injunction is set for a hearing October 17 in federal court in downtown Los Angeles before Judge Otis Wright II, said attorney Robert L. Esensten, who represents retired Los Angeles public school teacher Arlene Rosenblatt and others renting space in their homes short-term through platforms such as Airbnb and HomeAway.
Esensten’s law firm filed a class action suit against the City in July over the short-term rental law adopted in May of 2015....
THe lawsuit said that 25 cities in California, as well as hundreds across the country, have enacted similar restrictions, and that if Santa Monica's law -– one the first and toughest -– is not stopped, more cities will follow.
That would lead to “continued diminishment of the national market for short-term rentals to the detriment of the Nation as a whole,” the litigation said.
The suit says such potential to alter the national economy “is reserved by the Commerce Clause to Congress and may not be accomplished piecemeal through individual state or local statutes.”
Airbnb also is suing the City, alleging violation of the U.S. Constitution
Santa Monica’s enforcement of its new law on short-term rentals, which it calls “home sharing,” has made headlines -- particularly because of its determination to enforce an ordinance those in that market believed was not truly enforceable.
The City has said it is the first in the nation to take such an aggressive approach to enforcement..
www.surfsantamonica.com/ssm_site/the_lookout/news/News-2016/October-2016/10_06_2016_Injunction_Filed_to_Halt_Enforcement_of_Santa_Monicas_Short_term_Rental_Law.html
Attorneys for short term rental hosts in Santa Monica are seeking a temporary injunction in federal court to stop the City's new short-term rental law, claiming that the ordinance -- among the nation's toughest -- is unconstitutional and causing “irreparable harm” to residents.
The preliminary injunction is set for a hearing October 17 in federal court in downtown Los Angeles before Judge Otis Wright II, said attorney Robert L. Esensten, who represents retired Los Angeles public school teacher Arlene Rosenblatt and others renting space in their homes short-term through platforms such as Airbnb and HomeAway.
Esensten’s law firm filed a class action suit against the City in July over the short-term rental law adopted in May of 2015....
THe lawsuit said that 25 cities in California, as well as hundreds across the country, have enacted similar restrictions, and that if Santa Monica's law -– one the first and toughest -– is not stopped, more cities will follow.
That would lead to “continued diminishment of the national market for short-term rentals to the detriment of the Nation as a whole,” the litigation said.
The suit says such potential to alter the national economy “is reserved by the Commerce Clause to Congress and may not be accomplished piecemeal through individual state or local statutes.”
Airbnb also is suing the City, alleging violation of the U.S. Constitution
Santa Monica’s enforcement of its new law on short-term rentals, which it calls “home sharing,” has made headlines -- particularly because of its determination to enforce an ordinance those in that market believed was not truly enforceable.
The City has said it is the first in the nation to take such an aggressive approach to enforcement..