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🏠 Short-Term Rentals/Host Presence Rule

Host Presence Rule: Dallas vs Houston

How do host presence rule rules compare between Dallas, TX and Houston, TX?

Houston has fewer restrictions than Dallas.

Dallas, TX

Dallas County

Some Restrictions

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.

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Houston, TX

Harris County

Few Restrictions

Houston's short-term rental framework, advanced by City Council in 2024 and limited in scope, does not require a host to remain on-site during a guest stay. Operators register and collect hotel occupancy tax, but no Chicago-style hosted-only rule applies; deed restrictions may still bar STRs.

View full Houston rules β†’

Key Facts Comparison

FactDallasHouston
OrdinanceDallas City Code Ch. 42B-
AdoptedJune 2023; partly enjoined2024 Houston STR ordinance
Hosted-only ruleNot imposed by Chapter 42BNot required citywide
FramingPrimary-residence and zoning based-
LitigationZoning ban currently enjoined-
Framework-Registration + HOT remittance
Deed restrictions-Often bar STRs in subdivisions
Severity-Permissive at city level

Highlighted rows indicate differences between cities.

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.

Houston FAQ

Must a Houston STR host stay on-site during the booking?

No. The 2024 Houston STR ordinance does not impose a hosted-only requirement. Whole-home unhosted rentals remain lawful citywide if the operator registers and remits hotel occupancy tax.

Can my deed restrictions still ban STRs?

Yes. Many Houston subdivisions prohibit transient or hotel-style rentals through recorded deed restrictions. The City and homeowner associations may sue under Local Government Code Chapter 212 to enforce them.

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