Arlington (1080 KRLD) - Arlington residents who wanted to rent out their homes to vacationers are out of luck this year if they live outside a small area carved out by the city council.
A panel of the 2nd Court of Appeals in Fort Worth has upheld a judge’s decision not to block enforcement of the Short Term Rental (str) ordinance passed by the Arlington City Council in April of 2019. The ordinance was created after residents complained about the short-term rentals of homes through such companies as Airbnb.
The city created a special district near the entertainment district that allows the rental homes, but bars rentals of less than 30 days for homes outside the designated area.
Among other things the ordinance:
• prohibits “the congregation of occupants outside at the premises between the hours of 10:00 p.m. and 9:00 a.m.”
• proscribes the advertising of an on-premises special event such as a “banquet, wedding, reception, reunion, bachelor or bachelorette party, concert, or any similar activity that would assemble large numbers of invitees”
• limits the number of STR occupants
• imposes parking restrictions and limits the number of vehicles allowed at an STR
• prohibits the physical conversion of the premises to add additional bedrooms for STR use; 4 Like the Zoning Ordinance, the STR Ordinance also bans the operation of unpermitted STRs. See Arlington, Tex., Ordinance 19-022, § 3.01. 6
• disallows the use of amplified sound equipment that “produces sound audible beyond the property line of the premises between the hours of 10:00 p.m. and 9:00 a.m.”
• prohibits an owner or occupant from putting trash out for pickup before 7:00 p.m. the evening before scheduled pickup or on a day not scheduled for pickup by the City
Five property owners have filed suit, calling the ordinance unconstitutional as it deprives them of the ability to earn money through their property. The property owners sought an injunction to block the city from enforcing the ordinance until the lawsuit plays out.
The trial court declined, leading to the appeal which accused the court of abusing its discretion.
The decision was welcomed by homeowners who accused the rental property owners of creating hotels in quiet residential neighborhoods.
“They walk into the wrong house at night because they were drunk. They would urinate in your front yard. One of the houses they were making porno movies in it.” said Kay Sutherland, who helped lead the push for the ordinance.
But some Arlington residents say they bought homes specifically to use them as rentals.
“This is a source of really important income that a lot of people depended on, here in Arlington, and that more people could have depended on especially during COVID while a lot of people were losing jobs and looking for other ways to support their families,” said Jeremy Fenceroy, one of the plaintiffs in the suit.
Fenceroy was one of the people who bought a home to take advantage of those who are in town for a matter of days. But unlike corporations, Fenceroy lives in his home and says none of his clients are troublemakers.
“I haven’t had any parties here. I haven’t had any complaints from neighbors. I was simply using my own home. I was simply having a roommate.” Fenceroy said. He also bristled at some of the restrictions in the ordinance. “I can’t even be in my backyard after 10:00 p.m. because there’s curfew and because it designates my home as a short-term rental if I rent for less than 30 days. I lose the right to park on the street in front of my own home.”
The rental property owners have the option of further appeals. Otherwise, the case goes back to the trial court for further action.
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