Judge halts ban on South Lake Tahoe vacation rentals, for now
Submitted by paula on Mon, 12/24/2018 - 5:29pm
SOUTH LAKE TAHOE, Calif. - Even though there is no ban on vacation rentals until 2021 in South Lake Tahoe, a component to control occupancy was to be in effect this month but a judge today put a halt to that.
Prior to the passing of Measure T, a voter initiated measure to ban most vacation home rentals (VHRs) in the city in 2021, occupancy levels allowed were two-per-bedroom plus four people. A four-bedroom home could allow up to 12 people, a six-bedroom home 16 people. Measure T was strict and mandated only two-people-per-bedroom with no extra and a maximum of 12 people, no matter the size of the home.
Measure T passed by just 58 votes in the November election.
In El Dorado County Court on December 24, the South Lake Tahoe Property Owners Group lawyer Andrew Pierce was successful in getting a restraining order put on implementation of the measure for 30 days, allowing those with vacation plans already booked to be able to proceed based on the old occupancy rates.
The City of South Lake Tahoe had already announced they wouldn't enforce the new VHR occupancy rules unless the renters had other ordinance violations such as noise and parking.
Chad Donnelly, CEO of SnowGlobe Music Festival said his team had already heard from several atendees who had their vacation home rentals canceled due to and occupancy based on the prior rules. The outdoor festiva starts December 29.
A judge is the only one who can change what a successful ballot measure states since that becomes law. A city has no legal authority to change the will of the voters but those coming to South Lake Tahoe to rent homes, and those in the industry, appreciated the City's effort to help the holiday rental situation and ease concerns.
On December 18 Pierce filed a lawsuit on behalf of the homeowner's group in El Dorado County to stop enforcement of Measure T on grounds it is unconstitutional.
"We believe the ordinance is unconstitutional," said Pierce at the first court date on December 19. "The entire ban (on VHRs) is discriminatory, depending on how many months one lives in their home. You can't discriminate based on where you live."
The next court date on the matter is January 24 in Cameron Park at 8:30 a.m.
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