Last weekend, single family homeowners in Payson got a taste of freedom. The town temporarily lifted its restriction on short-term home rentals to accommodate participants in the Thunder Mountain Ride.
But why should freedom only last a few days?
The Constitution protects people’s right to freely enjoy their property, including the right to rent out their home for a weekend, or just rent out a room. These property rights are fundamental to our constitutional heritage.
Of course, Payson may regulate the use of property to protect health and safety. It can, for example, have fire safety or maximum occupancy laws. But current zoning laws prohibit homeowners in single family residential districts from renting their homes. This is unnecessary and unconstitutional. It strips homeowners of their property rights and does nothing to further health or safety.
Courts describe the home as a castle, uniquely protected from government intrusion. The Constitution puts the decision whether to rent with the homeowner. Payson homeowners should not need government permission to let someone stay in their home in exchange for rent.
Payson should remove the rental ban so homeowners may fully enjoy their constitutional freedoms. Freedom in Payson must be more than fleeting.
Institute for Justice - Arizona Chapter