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St. Louis cannot enforce its Airbnb permit law — so it imposed a 3 percent fee instead

St. Louis cannot enforce its Airbnb permit law — so it imposed a 3 percent fee instead
Missouri · Compliance

St. Louis cannot enforce its Airbnb permit law — so it imposed a 3 percent fee instead

What happened. The City of St. Louis has been unable to enforce its short-term rental permit law since April 2025, under a court order. In its own words: “the City will not be enforcing the permit requirements of Ordinance 71729.” In February 2026 the Board of Aldermen enacted a separate 3 percent license fee on short-term rental revenue — defined by reference to the same ordinance the city cannot enforce.1

The injunction

Ordinance 71729, the city's short-term rental permit law, was signed in 2023 and took effect in November 2024 with a $150 annual permit application fee. A city short-term rental owner sued on 7 April 2025 in the Circuit Court of the City of St. Louis, pleading the ordinance as unconstitutional and as a violation of Missouri's Hancock Amendment, which bars a new tax or tax increase without voter approval. With the application fee due 6 May, the plaintiff moved on 10 April for a temporary restraining order and a preliminary injunction.

From the city's own public notice: on 22 April 2025, “a court's order prohibited the City of St. Louis from enforcing Ordinance 71729, which governs short-term rentals in the City of St. Louis.” On 5 May 2025, the court “extended a previously-issued order prohibiting the City of St. Louis from enforcing Ordinance 71729 for a period of fifteen additional days.”

The city says it halted permit applications, inspections, permit issuance, conditional use permits for Single Family A zones, permit-fee collection and Proposition S fee collection, and that it will “act quickly to issue guidance to permit applicants and short-term rental platform operators” once the court rules further. As of February 2026 the law remained on hold; aldermen moved tax legislation while waiting.

We should be clear about a gap: no case number appears on the city's public notice, and we did not obtain one from a court source. Anyone citing this litigation formally should pull the cause number from Missouri Case.net first. Secondary write-ups also state that a purported class action has since joined the fight; we could not verify that from a court record or from the city, and we are not asserting it.

The fee the city passed anyway

Ordinance 72095 (Board Bill 126 Committee Substitute), sponsored by Alderman Bret Narayan with President Megan E. Green and Alderman Rasheen Aldridge. Mayor approved 23 February 2026; the city's record gives an effective date of 23 February 2026.

“An ordinance requiring all short term rental operators to obtain a short term rental business license; imposing a license fee of three percent of the rent charged for each short term rental, to be paid quarterly; authorizing the License Collector to collect such license fee on behalf of the City of St. Louis…”

The licence requirement, with its own start date:

“Beginning sixty days after the effective date of this ordinance, no short-term rental operator shall offer or operate a short-term rental in the City without a current short-term rental business license.”

The fee:

“The qualified voters of the City of St. Louis having approved Proposition S, a license fee is imposed in an amount of three percent (3%) of the rent as defined herein, for each short-term rental. The fee is imposed on the licensee, which is the short-term rental operator.”

“Collection by a short-term rental platform shall be entirely voluntary, and unless a voluntary collection agreement is currently in effect between a short-term rental platform and the License Collector's Office of the City of St. Louis, the sole responsibility for collecting and remitting the license fee shall remain with the short-term rental operator…”

The definitional loop

“'Short-term rental' allows residential occupancy of the rented dwelling for a term of thirty (30) days or less, and requires that the short-term rental use is permitted to operate pursuant to Ordinance 71729 or any such successor ordinance requirements.”

So the fee ordinance defines its own subject by reference to a use being “permitted to operate pursuant to Ordinance 71729” — the ordinance the city is barred from enforcing. The city's permit track is paused; its fee track is live.

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What none of this touches

This is the part a trustee board or condominium board in the city needs to hold onto, because the municipal noise obscures it.

Neither the enjoined permit ordinance nor the live fee ordinance says anything about a recorded covenant. A subdivision indenture prohibiting transient occupancy, a condominium declaration requiring a minimum lease term, an amendment barring rentals of under thirty days — all of them operate independently of both. The city regulates whether the city permits the use and whether the operator owes the city money. The community's own instrument governs whether the use is permitted in the community.

That means an operator in a covenant-restricted St. Louis subdivision can be simultaneously: unlicensable by a city that cannot process permits, liable for a 3 percent licence fee, and in breach of the indenture. Those three facts do not interact.

What a board can actually do

  1. Stop waiting for the city. Boards have been told since 2023 that the permit ordinance would sort out short-term rentals in their subdivision. It has been enjoined for seventeen months, and there is no indication of when that changes. If the community wants a rule, the community's own instrument is the only route.
  2. Read what the instrument actually prohibits. The distinctions matter enormously and boards routinely conflate them: transient occupancy; commercial use; lease terms shorter than a stated minimum; leasing to more than one household; and use other than as a single-family residence. A covenant against “business or commercial use” is a different instrument from one setting a thirty-day minimum lease, and they fail in different ways.
  3. Do not lean on the ordinance's thirty-day definition as if it were yours. If the indenture is silent on lease length, the city's thirty-day line does not import itself into the covenant.
  4. Audit the enforcement history first. Short-term rentals are precisely the area where selective enforcement accumulates — one listing tolerated for three years, another challenged. In Missouri that history is a waiver defence, and its strength turns on whether the instrument has a non-waiver clause and whether the restrictions are severable.
  5. If the board needs a rule it does not have, price the amendment honestly. Adding a leasing restriction to a St. Louis-area indenture usually requires the amendment supermajority, gathered as recorded consents. That is a months-long project, and the 2026 bill designed to make it easier died in committee.
  6. Keep the two grievances separate when talking to members. An owner complaining about a party house wants the nuisance stopped. A board that answers by describing the city's permit litigation has answered a different question. The association's own remedies — violation notice, fine where the instrument authorises one, injunction — are the ones available.

The rest of the Missouri short-term rental map, for context

The municipal picture across the state is fragmented, and it is worth knowing where a community sits.

Kansas City passed Ordinance 250965 on 13 November 2025, creating a Major Event Short Term Rental Registration valid 3 May to 31 July 2026 at $50, against the standard $200 annual registration — a World Cup window, with zoning, density and safety requirements continuing to apply. Its standing framework requires registration for rentals under thirty consecutive days, prohibits non-resident short-term rentals in residentially zoned areas, and carries violations of $200 to $1,000 a day. A sweep of Kansas City's own legislative database since September 2025 found no measure touching homes associations, homeowners associations, private streets or accessory dwelling units.

Springfield voters rejected a 3 percent lodging and short-term rental licence tax at a special election on 7 April 2026 — the second rejection in five months.

Columbia grants each short-term rental a conditional use permit one address at a time, by council bill, with a public hearing. Its framework was adopted in February 2024, effective 1 June 2024, with full compliance required from 1 June 2025 and operators remitting 5 percent of the nightly rate in accommodation taxes.

Riverside, in Platte County, adopted its first short-term rental rules 7–0 on 6 January 2026, effective 1 February 2026 — annual permit, registration number displayed on listings, one off-street guest space, detectors and emergency lighting, posted emergency contact, tourism tax, two years of records, and a ban on use as a party or event venue. We could not obtain the ordinance number from the city's own record, so we report this from the reporting.

A correction that is circulating. A January 2026 story about “Columbia City Council” restricting new short-term rentals to commercial and mixed-use districts, following a shooting at a short-term rental, is Columbia, South Carolina — not Columbia, Missouri. The tell is the quoted mayor. Columbia, Missouri's own council minutes for 5 January 2026 show ordinary parcel-level conditional-use permits, not a district-wide rewrite. Do not attribute any of it to Missouri.

One state-level near miss

Missouri legislators tried in 2026 to stop county assessors reclassifying short-term-rental homes as commercial property — moving them from roughly a 19 percent to a 32 percent assessment ratio. The vehicle reached “SS SCS HCS HBs 1768 & 2060,” through both chambers' substitute processes, and then on 15 May 2026 was “Referred: Fiscal Review (H)” on the session's last day. It died there. It was the closest thing to a rental-related enactment in the session, and it did not pass.

What to watch next

Whether the St. Louis court rules, and what the city then does with a permit scheme whose fee mechanism is already collecting. Sixty days after 23 February 2026 has long passed, so the licence requirement is live while the permit that the licence definition presupposes is not obtainable. That is the tension a ruling will have to resolve.

Related Missouri HOA Topics

← All Missouri HOA Topics

  1. City of St. Louis public notice — court orders of April 22 and May 5, 2025 barring enforcement of Ordinance 71729
  2. City of St. Louis Ordinance 72095 (Board Bill 126 CS) — the 3 percent short-term rental license fee
  3. Kansas City legislative record, Ordinance 250965 — Major Event Short Term Rental Registration
  4. Columbia, Missouri City Council minutes, January 5, 2026 — parcel-level short-term rental and ADU conditional use permits
  5. KCTV5 (Jan. 9, 2026) — Riverside, Missouri adopts its first short-term rental regulations
  6. HB 1768 (2026) bill page — short-term rental property-tax classification, referred to Fiscal Review on the last day

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