https://en.wikipedia.org/wiki/Regulatory_taking
但是政府并没有禁止短租,仅仅是“管理”短租。所以regulatory taking分析可能不会阻止管理。
Regulatory taking is a situation in which a government regulation limits the uses of private property to such a degree that the regulation effectively deprives the property owners of economically reasonable use or value of their property to such an extent that it deprives them of utility or value of that property, even though the regulation does not formally divest them of title to it.
关键是,短租是不是economically reasonable use,而且政府条例是否“to such an extent that it deprives them of utility or value of that property”。两个回答可能都是否定的。