The Ban That Wasn’t: A Recap

In June 2023, the Dallas City Council voted to adopt zoning ordinance amendments intended to significantly restrict short-term rentals, primarily targeting single-family residential zones. This decision followed numerous complaints from residents regarding noise, parking issues, and general disturbances associated with short-term rental properties operating in their neighborhoods. The aim was to preserve the character of residential areas and address concerns about neighborhood stability.

The city’s approach involved amending the zoning ordinance to limit where STRs could operate and establishing operational requirements for those permitted in designated zones (such as multi-family, commercial, and mixed-use districts). These requirements included registration with the city, property inspections, the designation of a local responsible party, and adherence to occupancy limits and noise restrictions.

Legal Roadblocks: The Temporary Injunction

However, the implementation of these changes faced immediate legal challenges. The Dallas Short-Term Rental Alliance, representing rental operators, filed a lawsuit in October 2023, arguing that the new regulations violated the Texas Constitution and constituted an illegal taking of property rights. They sought a temporary injunction (a court order prohibiting a specific action until a trial can be held) to prevent the city from enforcing the restrictions.

In December 2023, a Dallas County district court granted this temporary injunction, effectively putting the enforcement of the more restrictive STR regulations on hold. The court found that the rental operators had presented sufficient evidence to suggest they would likely succeed in their argument that the city’s ordinance was unconstitutional and would suffer “imminent and irreparable harm” if the changes were enforced (Order on Temporary Injunction, December 6, 2023).

The Latest Setback: Appellate Court Ruling

Adding another layer to this complex situation, the Dallas Fifth Circuit Court of Appeals recently upheld the lower court’s decision to grant the temporary injunction (Fifth Court of Appeals Opinion, February 7, 2025). The appellate court panel agreed with the trial court’s assessment that enforcing the new restrictions immediately could cause irreparable harm to the STR operators while the legal case proceeds. The court specifically noted the language of the ordinances, which stated they would “take effect immediately,” potentially infringing on the operators’ property rights before a full legal determination could be made.

This ruling means that, for the time being, short-term rentals can continue to operate throughout Dallas, even in areas where the city intended to significantly limit them. The appellate court’s decision underscores the legal complexities surrounding the regulation of short-term rentals and the challenges municipalities face in implementing broad restrictions.

Enforcement of Existing Ordinances

While the intended limitations on STRs in certain zones remain unenforceable due to the injunction, the City of Dallas has indicated that it will continue to enforce its existing ordinances related to minimum property standards, noise disturbances, and private nuisances (City of Dallas Short Term Rentals Home Page). This means that even though STRs can currently operate more broadly than the city intended, they are still subject to regulations aimed at ensuring basic safety and preventing disruptive behavior.

Between June 2023 and September 2024, the city received approximately 160 STR-related complaints, primarily concerning noise, operational issues, parking, and litter (D Magazine, February 10, 2025). This suggests that while a move to restrict STRs was pursued, some level of regulation and enforcement remains necessary to address community concerns.

The Path Forward: Uncertainty Remains

The recent appellate court ruling does not represent a final verdict on the legality of Dallas’s efforts to restrict short-term rentals. It merely allows STRs to continue operating while the underlying lawsuit proceeds through the courts. The city has several options, including appealing the appellate court’s decision to the Texas Supreme Court or focusing on the trial for the actual lawsuit, the date for which has not yet been set.

Some members of the City Council have also expressed a willingness to reconsider the approach taken and explore alternative strategies, such as enhanced enforcement of existing regulations or the development of a more nuanced ordinance through further engagement with stakeholders (D Magazine, February 10, 2025).

The legal battle in Dallas reflects a broader debate occurring in cities across Texas and the nation regarding how to balance the rights of property owners to utilize their property as short-term rentals with the concerns of residents about the potential negative impacts on their neighborhoods. The contrasting outcome in Fort Worth, where a district court recently upheld the city’s authority to ban STRs by structuring the ban within its zoning code (CandysDirt.com, March 13, 2025), highlights the importance of the legal framework underpinning such regulations.

Conclusion

For now, the short-term rental landscape in Dallas remains in a state of flux. The city’s attempt to implement significant restrictions is stalled by ongoing legal challenges, and a recent appellate court decision has affirmed the temporary reprieve for STR operators. While existing city ordinances related to property standards and nuisances continue to be enforced, the fundamental question of where and under what conditions short-term rentals can operate in Dallas remains unresolved. As the legal proceedings continue, both homeowners and short-term rental operators must stay informed about future developments that will ultimately shape the regulatory framework for this evolving sector of the housing market.