Host Presence Rule: Austin vs Dallas
How do host presence rule rules compare between Austin, TX and Dallas, TX?
Dallas has fewer restrictions than Austin.
Austin, TX
Travis County
Austin City Code Chapter 25-2 establishes three STR license types, and Type 1 requires the operator to occupy the property as a primary residence. Type 2 (non-owner-occupied) and Type 3 (multifamily) carry stricter limits, density caps, and ongoing litigation over permitted neighborhoods.
View full Austin rules →Dallas, TX
Dallas County
Dallas Chapter 42B (2023) requires STR registration and frames lawful operation around the property's primary-residence character, but does not impose a hosted-only requirement directing the owner to remain physically on-site during guest stays. Enforcement is partly enjoined pending litigation.
View full Dallas rules →Key Facts Comparison
| Fact | Austin | Dallas |
|---|---|---|
| Code chapter | Austin LDC Chapter 25-2 | - |
| Type 1 | Owner-occupied primary home | - |
| Type 2 | Non-owner whole-home, restricted | - |
| Type 3 | Multifamily commercial | - |
| Severity | Strict — among toughest in TX | - |
| Ordinance | - | Dallas City Code Ch. 42B |
| Adopted | - | June 2023; partly enjoined |
| Hosted-only rule | - | Not imposed by Chapter 42B |
| Framing | - | Primary-residence and zoning based |
| Litigation | - | Zoning ban currently enjoined |
Highlighted rows indicate differences between cities.
Austin FAQ
Must an Austin Type 1 STR host stay on-site during a booking?
Type 1 requires the unit to be the operator's principal residence but allows whole-home rental during absences or hosted home-share. The principal-residence test is what defines Type 1, not literal nightly presence.
Can I open a non-owner-occupied STR in an Austin neighborhood?
Type 2 licenses for non-owner whole-home STRs in residential zones have been restricted since 2016. Litigation continues to shape availability; new Type 2 applicants in residential areas typically cannot get a license.
Dallas FAQ
Must a Dallas STR host stay on-site while guests are present?
No. Chapter 42B does not mandate physical presence during a booking. It instead relies on registration, primary-residence framing, and zoning rules to constrain STR operations citywide.
Has the Chapter 42B framework been changed by litigation?
Yes. A Dallas County district court enjoined the residential-zone prohibition in 2024. Registration and life-safety provisions remain enforceable while the appeal proceeds.
Compare other topics
See how Austin and Dallas compare on other ordinance categories.
Want to add a third city?
Use our full comparison tool to compare up to three cities.
Open Comparison Tool