South Lake Tahoe City Council votes to defend Measure T

SOUTH LAKE TAHOE, Calif. - Vacation Home Rentals (VHR) in South Lake Tahoe continue to be the hot topic, even months after a measure to ban most of them in the city limits narrowly passed in the November 2018 election. Voters approved Measure T by 58 votes.

The subject has created a big divide in the community and a decision by the South Lake Tahoe City Council Tuesday will not lessen that division though their intent is now clear.

During closed session, the Council decided to defend a lawsuit brought against the City by the South Lake Tahoe Property Owners Group. Two weeks after the vote was verified the group sued the City to stop enforcement of the measure, citing it was unconstitutional.

"The Council recognizes the will of the vote," stated City Attorney Heather Stroud as they emerged from closed session. She said they also recognized the fact that the issue may not be resolved by a lawsuit and it may come up in a future measure on the ballot.

On December 24, 2018, a judge in El Dorado Superior Court granted a temporary restraining order on the occupancy limit change portion of Measure T, the only part of the measure that was to go into effect before 2021. The old rules for VHRs were two people per bedroom, plus four people. The approved measure calls for two per bedroom with a maximum of 12, no matter the number of bedrooms.

In January, the group and the City reached an agreement to not change occupancy rates but to cease the issuance of new VHR permits in an attempt to keep both sides happy until things could be sorted out through the courts.

The group is made up of real estate professionals, vacation homeowners, property managers, business owners and other residents who are the cleaning and other support staff. They sued the City to stop enforcement of Measure T. Their lawyer is Andrew Pierce of Pierce and Shearer out of Redwood City, Calif.

"We believe the ordinance is unconstitutional," Pierce told South Tahoe Now in December. "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 South Lake Tahoe Property Owners Group was asked for comment after the Council's decision but the declined at this time, stating they will be meeting to prepare a statement.

Another group, the Tahoe Neighborhood Group, put the measure on the ballot, citing "neighborhoods are for neighbors, not strangers." They wanted to keep vacation rentals out of areas they said were meant for residents and now loud, disruptive parties and guests there for a weekend. Their measure would allow VHRs in the Tourist Core area of Ski Run Boulevard to Stateline. Residents could rent their own homes for up to 30 days.

Representatives from the neighborhood group were on hand to hear the Council's decision. They may have been caught by surprise by the Council's vote to defend the lawsuit and thanked them for listening and respecting the vote of the residents.

The next court date currently scheduled for the South Lake Tahoe Property Owners Group and City of South Lake Tahoe on Measure T is October 11 at 1:30 p.m.