Attorney General Ken Paxton’s office announced Wednesday it has joined a lawsuit against the City of Austin over its short-term rental ordinance.
Paxton’s office claims the ordinance, passed by the Austin City Council in 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.” His office also said allowing code compliance officers to enter a STR property at any time violates 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,” Paxton said in a release. “The city of Austin’s draconian ordinance defies logic and common sense, and must be struck down.”
The city council voted to phase out all Type 2 STRs in neighborhoods by April 2022. A Type 2 STR is defined by the city as one “not owner-occupied or associated with an owner-occupied principal residence.”
GO HERE to read the full intervention filed by Paxton’s office.