LAS VEGAS (FOX5) — A proposed ordinance amendment in Clark County would ban short-term rental platforms and websites from collecting payments for stays if the property for the listing is unlicensed.
The latest amendments to Clark County Code will be heard before the Board of Commissioners on August 4.
On various online platforms, there are numerous listings for homes and stays across the Las Vegas Valley; not all listings have a short-term rental license through Clark County or other local jurisdictions.
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“Through this change, the County won’t prohibit unlicensed short-term rentals from being advertised on the hosting platform but would prohibit the platform from completing a transaction for the rental of an unlicensed short-term rental,” a spokesperson tells FOX5. Penalties include daily fines or even a ban of operations in the County by way of revoking a license, officials said.
A Clark County spokesperson shared the following statement:
“The County was required by the Nevada Legislature to create a process for the licensing and enforcement of short-term rentals. Through this, we have worked to create a process that is reflective of this requirement, while meeting the needs of those who are lawfully operating and addressing concerns from residents when short-term rentals are unlawfully or disruptively operating. The proposed ordinance prohibits a hosting platform from processing a rental transaction for an unlicensed short-term rental, and the County anticipates that this will substantially decrease the number of unlicensed short-term rentals.”
Clark County faces limits on short-term rental enforcement due to an injunction issued in federal court in December: a judge granted an emergency injunction to pause fines and citations after homeowners and Airbnb argued in a suit that regulations they deemed draconian were unconstitutional.
FOX5 has covered some residents’ concerns on noise, parties and trash with some short-term rentals, and some residents want crackdowns.
“There’s not much we can do until then…basically, we’re still tracking around 40 short-term rentals unlicensed,” said Salem Ayoob, who has continued to monitor properties in his neighborhood that have led to noise and traffic complaints.
County officials believe this ordinance is enforceable amid the injunction.
Airbnb sent FOX5 the following statement in response:
“When a community so deeply rooted in tourism continues to face decline, elected officials should work with the industry to find solutions that keep visitor spending flowing and in the hands of locals. Instead, the county continues attempts to eliminate a large portion of accommodation options for visitors, risking millions in tax revenue and tourism dollars that trickle down to the county’s casinos, restaurants, shops, and small businesses.”
The Greater Las Vegas Short-Term Rental Association doesn’t believe the latest proposal, if passed, will hold up in court.
“There’s an injunction against the county going after property owners for renting their property, even without a license. There’s an injunction against the county from going after the platform. I think if the county thinks that this is going to change something, I don’t think it does on our end,” said Jackie Flores of GLVSTRA.
“They’re desperate. They know that they’re going to lose,” Flores said.
The suit stems from homeowner allegations of heavy-handed enforcement against legal and illegal short-term rentals, all amid allegations that the County has been slow to process short-term rental license applications.
“Instead of focusing on fixing the constitutional issues that the federal judge already highlighted in the ordinance, they’re focusing on something else that doesn’t solve the issue. There are still homeowners that have been waiting for the county to process their license applications for over four years already,” Flores said.
There are currently 229 licensed short-term rentals across unincorporated Clark County, officials said.
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