Dallas appeals judge’s order that blocks new short-term rental rules

Dallas is asking a state appeals court to overturn a local judge’s order blocking the city from banning short-term rental properties in single-family zoned areas. The city last week filed notice with the Court of Appeals for the Fifth District of Texas to review the case. The appeal is in response to Dallas County District Court Judge Monica Purdy on Dec. 6 approving a temporary injunction sought by a group of short-term rental operators suing the city over new rules meant to increase oversight and stop them from operating in single-family neighborhoods. Dallas’ challenge isn’t a surprise. A city spokeswoman told The Dallas Morning News on Dec. 6 that options to appeal the injunction were being considered. The city declined to comment Tuesday, citing the pending litigation.

“The city of Dallas hereby gives notice of its desire to appeal to the Court of Appeals for the Fifth District of Texas at Dallas the temporary injunction order signed by the court on December 6, 2023,” the city’s Dec. 26 notice said. Appeals court records show the notice was filed the next day. Purdy in her order said Dallas’ new short-term rental regulations, which the city planned to start enforcing on Dec. 13, infringed on property owners’ rights and that the suing operators had proved they would likely prevail on their assertions that the revamped rules are unconstitutional. The nonprofit Dallas Short-Term Rental Alliance and four operators, who list their properties on platforms such as Airbnb and Vrbo, sued the city on Oct. 2, challenging whether the new regulations were constitutional and alleging other violations, including that the rules illegally discriminated against STR owners and operators. Lisa Sievers, a short-term rental operator and a Dallas Short-Term Rental Alliance board member, told The News on Tuesday they “look forward to showing the court of appeals the compelling record that supports the injunction against these overreaching ordinances.”