Idaho Realtors files suit against Lava Hot Springs over STR

[William Hochstedler]

I just received a press release from Idaho Realtors that I thought was interesting...

FOR IMMEDIATE RELEASE

IDAHO REALTORS® FILES SUIT TO PROTECT PRIVATE PROPERTY RIGHTS IN LAVA HOT SPRINGS (Lava Hot Springs, Idaho) – Idaho REALTORS® has filed suit against the city of Lava Hot Springs to defend the rights of private property owners and their ability to reasonably and responsibly offer short-term rentals.

Utilizing the association’s legal defense fund, IR will support [property owners] in a lawsuit against the city of Lava Hot Springs for its denial of their license for a short-term rental property. IR is seeking a declaratory judgment invalidating Lava Hot Springs zoning restrictions on short-term rentals. During the November 11, 2021 Lava Hot Springs city council meeting, the council voted to deny the [owners’] short-term rental license on the grounds that his property is located outside of the city’s commercial zone. This action ignored protections in Title 67-6539 of Idaho Code, which requires that all short-term rentals be classified as residential land use, regardless of the city or county that they are located in.

Owners ... should be afforded the same private property rights across Idaho, and Idaho REALTORS® will always work to defend private property rights.

[Anna Strausbaugh]

I'm pretty sure the reason the Realtors Association is backing this is because they feel they have a really strong case. No city or county in Idaho has been successful at banning someone from having a short term rental. There are some HOA's that ban them, but I've even heard stories of property owners winning cases against HOA's that try to regulate them too. It's true that you can put some restrictions on them like McCall does and Boise is starting to do, but you can't outright ban someone from renting their home. This will be interesting to follow, thanks for sharing!