Federal Judge issues Temporary Restraining Order against Douglas County regarding Vacation Home Rental Permit Holders, Residents
Submitted by Kelsey Penrose on Sat, 07/17/2021 - 9:00am
On July 15, 2021, United States District Court Judge Robert C. Jones issued a temporary restraining order against Douglas County to restrain it from implementing portions of the County’s new Vacation Home Rental (VHR) regulations, Ordinance Number 2021-1582, pending the trial of the case.
The Temporary Restraining Order narrowly impacts certain parts of the new ordinance.
It temporarily stops the County from limiting VHR occupancy based on parking, prohibiting tandem parking on private property, implementing new fines for violations, requiring a notice be posted for unscheduled VHR property inspections and creating the VHR Advisory Board, as currently constituted, until such time as a final determination can be made regarding the constitutionality of the ordinance.
A copy of Judge Jones’ order can be viewed on the County’s VHR webpages at www.douglascountynv.gov/vacationhomerentals
The next court hearing has been scheduled for Thursday, August 26th. County Staff will continue to provide information as it becomes available.
Does this mean the new ordinance is invalid?
No, the court order does not invalidate Ordinance Number 2021-1582, but it does temporarily suspend the implementation of certain changes to the VHR regulations such as tandem parking and the new fines.
What does this mean for existing permit holder?
Existing permit holders may continue to renew their permits pursuant to Section 20.622.030 of Douglas County Code which has been amended to reflect the changes made effective July 15, 2021. Renewal applications will be subject to the new terms of Ordinance 2021-1582 with the exception of those portions described above that are the subject of the temporary restraining order like limiting occupancy based on parking.
What does this mean for new permits?
The process to obtain a new VHR permit has not changed. On June 3, 2021, Douglas County made significant changes to the Douglas County Vacation Home Rental (VHR) Program including placing a cap on the total amount of VHR permits that may be issued, not to exceed 600.
The court rejected the plaintiffs’ attempt to stop the implementation of the VHR caps.
Because the demand for permits has exceeded the total number of the permits available, a waitlist application process has been created.
Douglas County began accepting waitlist applications on July 1, 2021, and will continue through July 31, 2021.
The online application and the PDF application can be found here.
Applications for the waitlist will ONLY be accepted during this period.
Douglas County created an online registration and application guide to assist applicants with completing the online process.
Applicants will need to register first before applying. The public is strongly encouraged to review this guide prior to submitting an online application.
For More Information
For more information about VHRs in Douglas County please visit the County’s VHR webpages or contact Douglas County Code Enforcement at (775) 783-6027.
