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NevadaWednesday, October 7, 2026

Las Vegas area: appeals court says county must make licenses possible

Clark County required a license for short-term rentals but stopped accepting applications. A federal appeals court now says that is likely unconstitutional – but it also narrowed the order that protected unlicensed hosts.

On October 7, 2026, the U.S. Court of Appeals for the Ninth Circuit ruled in the case of the Greater Las Vegas Short-Term Rental Association and Airbnb against Clark County, Nevada. The county's short-term rental rules apply in the unincorporated parts of the county around Las Vegas, not inside the city limits. The decision is an unpublished memorandum.

What the court decided

According to the ruling, the county's online license portal was only open for one application window in 2022–2023. Since then, the county has not accepted new applications or finished processing the ones it received. The court found that the hosts are likely to win their due process claim, because the county enforced a license requirement without a working way to get a license.

At the same time, the court found the lower court's injunction "unnecessarily broad": it effectively allowed anyone in the county to run an unlicensed short-term rental, including people who never applied. The case goes back to the district court for a narrower order. As examples, the court named reopening the portal, deadlines for processing applications and a ban on enforcement against residents with pending applications. According to the ruling, the county said it is willing to reopen the portal.

Platforms must check licenses

In August, the county commission voted 5-0 for an ordinance that requires Airbnb, Vrbo and similar platforms to verify a valid county license before taking payment, show license information and deactivate unlicensed listings, News 3 Las Vegas reported. Fines are $500 for a first violation and $1,000 for each further one. KTNV reported that the county plans to introduce a further ordinance amendment at the commission meeting on October 20.

What does this mean for you?

If you host in unincorporated Clark County without a license, don't rely on the old injunction – it is being narrowed. Watch for the portal to reopen and apply as soon as you can. If you already applied, keep proof of your application.

Thinking of buying in the Las Vegas area? Check first whether the address is in the City of Las Vegas, Henderson or unincorporated Clark County – the rules are different. Have a local attorney review your situation.

Check the rules before you buy

In Module 8 we show you what to check in your city, county and HOA – and how to protect your business.

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