Appeal of Burlington Short-Term Rental Ruling Reaches Vermont Supreme Court
The plaintiffs in the lawsuit challenging Burlington’s short-term rental regulations have taken their case to the Vermont Supreme Court. This legal battle, which began in Chittenden County Superior Court in July 2023, questions the legality of Burlington’s ordinance aimed at regulating short-term rentals like those offered on Airbnb and VRBO.
The Legal Battle Unfolds
The lawsuit, spearheaded by three individuals and multiple business entities in Burlington, argues that the city exceeded its authority by imposing restrictions on rental duration and requiring owner occupancy. Superior Court Judge Samuel Hoar ruled on Nov. 19, dismissing the case, prompting the plaintiffs to file an appeal on Dec. 13.
This appeal, based on procedural grounds, challenges the dismissal by questioning the jurisdiction of the civil division of the superior court. Liam Murphy, the attorney representing the plaintiffs, highlighted the legal ambiguity surrounding whether the civil division or the state environmental court should handle the case.
In response, Kimberlee Sturtevant, an assistant city attorney for Burlington, expressed satisfaction with the Superior Court’s decision upholding the city’s right to regulate short-term rentals. She clarified that the appeal before the Supreme Court focuses solely on procedural jurisdiction matters and no longer disputes the city’s regulatory authority.
Implications Beyond Burlington
The impact of this high-profile case extends beyond Burlington, resonating with other municipalities like South Burlington and Morrisville, which have implemented similar regulations to protect housing availability for residents. The plaintiffs, including individuals Sean Hurley, Kristin Baker, and Petra Winslow, along with various companies, primarily own properties in Burlington’s Old North End.
Burlington’s regulations dictate that short-term rentals are only permissible if owner-occupied and define them as dwellings rented for less than 30 consecutive days. Noncompliance incurs a civil fine of $100, escalating to $200 for subsequent violations.
This legal saga underscores the complexities surrounding short-term rental regulations and the broader implications for homeowners, renters, and the real estate market in Burlington and beyond. As the case unfolds before the Vermont Supreme Court, the outcome could set a precedent for similar disputes across the state, shaping the future of short-term rental policies and property rights.
