Sara E. Kim
94 Geo. Wash. L. Rev. 487
Banning or significantly restricting short-term rental properties (“STRs”) has become a common strategy in addressing the housing crisis for local law-makers around the United States. As Airbnb rapidly grew throughout the 2010s, STRs became a global phenomenon. They soon began to monopolize the real estate market, taking homes away from local residents. With the ever-enduring challenge of housing affordability as their backdrop, local municipalities began tightly limiting or completely banning STRs. These regulations, however, significantly curb individuals’ rights to property and travel. Simultaneously, STR regulations have failed to effectively address the housing crisis and deliver on the promises of local lawmakers. To successfully balance the rights to property and travel against the right to housing, this Note argues that certain STR regulations that impose operational restrictions are unconstitutional under the Dormant Commerce Clause and that the remaining regulatory scheme should be accompanied by a government-subsidized home share program. The resulting scheme will allow property owners to more freely utilize their private properties as STRs while presenting a revenue-generating alternative, preventing governments from inhibiting travel, and providing a method for direct output of affordable housing.
