Texas Third Court of Appeals Affirms TPPF Win in Short-Term Rental Lawsuit

AUSTIN – On Friday, the Texas Third Court of Appeals denied the City of Austin’s motion for reconsideration of the court’s prior opinion in Zaatari v. City of Austin.

“The denial of the City of Austin’s motion for reconsideration by the entire Texas Third Court of Appeals is another win for private property rights and personal liberties in Texas,” said Robert Henneke, general counsel for the Texas Public Policy Foundation. “The decision by the Texas appellate court affirms the right to lease one’s property regardless for how long. And, all person staying within a residence have their constitutional rights to assembly affirmed without risk of government interference.

In November 2019, the Third Court of Appeals declared the City of Austin’s Short-Term Rental Ordinance unconstitutional.

“The Court of Appeals’ decision confirms that individuals do not surrender fundamental constitutional rights simply by renting a home for less than thirty days,” said Chance Weldon, an attorney with the Texas Public Policy Foundation. “That’s not only a victory for our clients, but for renters and property owners across the state.”