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  1. Edith, I respectively disagree. There are quite a number of lawyers, (and AirBNB) who has sued towns on this issue and won. It is developing law. There are also quite a few young, smart, up and coming attorneys who would welcome taking this on.

    Home rule power is meant to protect the health, safety and welfare concerns. To arbitrarily make ordinances that ban something, when there are none of these valid concerns, is not a good practice.
    Which is another reason why Illinois General Assembly SB 1735 is being considered:
    “Creates the Short-Term Rental Act. Provides that units of local government may not enact or enforce an ordinance, regulation, or plan that has the express or practical effect of prohibiting short-term rentals. Restricts the use of or regulation of short-term rentals based on their classification, use, or occupancy. Allows the regulation of short-term rentals to protect public health, safety, sanitation, traffic control, solid or hazardous waste control, pollution control, and other specified circumstances. Provides that a unit of local government may not tax a short-term rental marketplace or require them to collect taxes from occupants, but the short-term rental marketplace may voluntarily apply, calculate, collect and remit any tax imposed by the unit of local government on the owner or occupant of a short-term rental. Limits home rule powers. Effective immediately.”

  2. I can’t comment as to your your first point, but as to your second, I can assure no lawyer would file a constitutional challenge to an ordinance banning STR. When you purchase a home within a particular village, you agree to abide by the rules of that village. Thus, the passing of an ordinance effecting your property isn’t an unconstitutional taking. A village can pass zoning laws preventing you from opening a business in your home and it can pass laws regarding the appearance if your home. It can pass historic preservation laws requiring that you not change certain aspects of your home without City permission. Equally, a village can legally pass an ordinance regarding STR. Arguing the constitution will get you nowhere.

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