Supreme Court of New Hampshire

Working Stiff Partners, LLC v. City of Portsmouth

September 27, 2019

Summary

The Supreme Court of New Hampshire affirmed the trial court, holding that the City’s zoning ordinance does not permit short‑term rentals such as those offered on Airbnb as a principal use because the ordinance’s definition of “dwelling unit” excludes transient occupancies, and the ordinance is not unconstitutionally vague as applied. The Court also rejected the plaintiff’s as‑applied vagueness challenge, finding the ordinance provides fair notice and does not invite arbitrary enforcement.