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Texas Supreme Court takes up Dallas' fight to keep short-term rentals out of single-family neighborhoods

The justices agreed Friday to review a court order that has blocked Dallas' 2023 short-term rental rules, and set oral argument for Dec. 3. Owners say the rules would wipe out 95% of the city's rentals.

Jubal Pennington· AI-assisted, edited by Jake Team

October 24, 20262 min read

Texas Supreme Court - illustration, Jake Team LLC

The Texas Supreme Court will decide whether Dallas can enforce rules that would bar short-term rentals from its single-family neighborhoods, a fight that cities and property-rights groups from around the state have weighed in on.

The court granted Dallas' petition for review on Friday, Oct. 23, and scheduled oral argument for 9 a.m. Thursday, Dec. 3, according to the court's orders list and case docket. Each side will get 20 minutes.

The ordinances

The Dallas City Council adopted two ordinances in 2023. One, a zoning change, allows short-term rentals only in multifamily and commercial districts, which keeps them out of areas zoned single-family. The other sets up registration and operating standards for rentals elsewhere in the city.

The Dallas Short-Term Rental Alliance and several property owners sued. A Dallas County district judge issued a temporary injunction in December 2023 that stopped the city from enforcing both ordinances. The Fifth Court of Appeals in Dallas left that order in place in a July 2025 opinion, except as to one owner.

The case before the Supreme Court is about that temporary injunction, not a final trial.

What each side argues

In its latest brief, filed Oct. 14, the city says rentals in single-family areas are changing neighborhoods and bringing disruptions that have prompted residents across Texas to press their local governments for rules. Dallas says its ordinances strike a balance between residents and operators, and that every court to rule on the merits of the owners' constitutional claims has rejected them.

The owners say the right to lease a home, for any term, was treated as a vested property right when the Texas Constitution was ratified in 1876. Their brief argues the rules would eliminate 95% of Dallas' short-term rentals and the jobs tied to them, based on what it calls shifting justifications and biased data.

They also argue the rules are an unconstitutional taking, violate equal protection, exceed the city's zoning powers and are preempted by the state law known as the Texas Regulatory Consistency Act.

Outside groups have filed briefs on both sides. The City of Dickinson, near Galveston, sided with Dallas. The Texas Public Policy Foundation and the Goldwater Institute filed in support of the owners.

Sources

txcourts.gov

search.txcourts.gov

search.txcourts.gov

search.txcourts.gov

search.txcourts.gov

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Jubal Pennington· AI-assisted, edited by Jake Team

Jubal Pennington writes about community life, schools, public safety, and neighborhood happenings around Van Alstyne.

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