Yes, you read correctly...Nevada and more specifically, Clark County, danced around the idea of passing "the party house" ordinance which was originally presented in 2010.  What does it mean?  Is it enforceable?  Was it passed?  What do you do if your community has a "party house?"

 

The "Party House" ordinance was passed at Brown University years ago to target noisy residences.  If found in violation of the ordinance, houses were "marked" with orange stickers affixed to front doors to signify disruptive and dangerous behavior.  Once a house is marked with a sticker, tenants face a $500 fine every time police officers respond to additional noise complaints, and they must maintain the sticker and keep it visible or risk a $100 fine. The policy was designed to encourage both tenants and landlords to take responsibility for disturbing the peace or throwing unsafe parties.

 

When similar parties were thrown and homes were listed in nice neighborhoods for weekend occupancy or short term parties ultimately disturbing the neighbors, Clark County Commissioners presented “the party house” ordinance to the Commission.

The first real test of the county’s “party house” ordinance, approved in 2010 to curb short-term house rentals, resulted in a $29,000 ($1,000 fine per day for 29 days) penalty for a homeowner in the tony Spanish Palms neighborhood. The rule prohibits the rental of homes for less than 30 days.   An ordinance that was passed can be found under Clark County Code Section 30.44.010, which clearly identifies “transient” commercial use of residential development.  The Clark County Code defines “transient” as “… a person who utilizes accommodations … for a period of 30 consecutive calendar days or less.”

 

Nevada Revised Statutes 116.340 prohibits “transient commercial use” unless the governing documents allow for such a short-term period.  Governing docs are those of the Homeowner’s Association….your CC&R’s...a majority of homes in Clark County have them. Transient commercial use is defined as “the use of a unit, for remuneration, as a hostel, hotel, inn, motel, resort, vacation rental or other form of transient lodging if the term of the occupancy, possession, or use of the unit is for less than 30 consecutive calendar days.”  So, if there's a home in your community that you may consider a "party house," chances are you can have the HOA try to enforce the CC&R's, if that type of  behavior  is prohibited within the governing docs otherwise, you may just have to do as the Romans do. (I'm kidding, of course).

 

The “Party house” ordinance was dismissed this past Monday, when lobbyist stated that “it needed work.  Councilwoman Lois Tarkanian will be presenting it again August 18, 2014 with a nuisance bill that would include unruly gatherings on residential property as a public nuisance.  These types of gatherings would be punishable by up to a $1,000 fine and/or six months in jail.

As currently written, the party house bill would require that short-term residential rentals for less than 31 days get a license and pay a $500 fee. It set out a series of other requirements but the goal is to stop unruly parties in neighborhoods.  The problem I see is that if I was about to make tens of thousands of dollars renting out my home for less than 31 days at a time, a $500 fee isn’t going to deter me…I’d pay the fee, wouldn’t you?  Although homeowners should be more responsible and aware of what their tenants are doing, the reality is that it’s a business for them and they generally don’t know what happens after the tenants take possession.  Currently, there is approximately 1,700 short term or vacation homes throughout Clark County.  Is there one in your neighborhood?

What can you do if there is a party house in your neighborhood?  Unless the party is happening right now, Metro can’t help you.  However, if you suspect a party house in your neighborhood, contact Clark County Code Enforcement and file a code violation complaint by going to: http://www.clarkcountynv.gov/Services/pages/CodeEnforcementComplainForm.aspx

Currently MLS Inventory Stats as of 8/7/2014 at 7:20am:

Available Single Family, Townhomes and Condominiums in Clark County: 9,005 of which 374 are REO/Foreclosure Homes and 1121 are Short Sales.  In Clark County there are currently 7,331 Petingent (Contingent and/or Pending) properties on the MLS of which 3,622 are short sales and 470 are REO/Foreclosure Homes.