March 23, 2016

When Renting Out Your Own Property Means You Have to Pay

IJ clients Ted and Lauren Dzierzbicki wonder if the government can arbitrarily restrict the property rights of some individuals but not others.
IJ clients Ted and Lauren Dzierzbicki wonder if the government can arbitrarily restrict the property rights of some individuals but not others.

Cities nationwide are cracking down on homeowners renting out parts of their property to others. IJ Senior Attorney Anthony Sanders was quoted in a Fox News report on the trend:

“This is about the ancient right to be left alone,” Institute for Justice attorney Anthony Sanders told Fox News. “Regulations on rental properties are allowed, but to completely prohibit someone from renting out their property to another law-abiding citizen? There are huge constitutional problems with that.”

The report made reference to IJ’s case in Winona, Minn., where Ethan Dean, who was serving in Iraq and Afghanistan at the time, was harassed by city officials for renting his home out while he was overseas:

He then learned officials in Winona imposed a restriction on the number of homeowners who can rent out properties in specific neighborhoods. According to Dean, Winona explained a “30 Percent Rule” — allowing only 30 percent of homes in a neighborhood to be rentals. Dean’s block was 78 percent rental properties when the ban was enacted, but his neighbor’s permits were apparently grandfathered in.

“They told me I had to kick the kids out of my house, and if I didn’t, I’d be fined $450 a day,” Dean said. “But I let the kids stay there another six months. The emails continued to come to me in Iraq.”

Your Rights Are Worth Defending

Help protect constitutional rights and challenge abuses of government power.

Share

More on Private Property

Leo Feler stands outside his home in Chicago, which was warrantlessly raided by Customs and Border Protection officers in October 2025.

4th Amendment Project

Chicago Homeowner Sues Federal Government After Warrantless Raid by Immigration Agents

Dan King · July 28, 2026

Gino Fiermonte—an experienced electrician—was badly injured while working at a Long Island airport. The government is trying to stop him from having his day in court.

Immunity and Accountability

Long Island Electrician Injured at Airport Teams Up with Public Interest Law Firm to Hold the Government Accountable

Andrew Wimer · July 13, 2026

Leonard Hoffmann is a North Dakota property owner fighting for fair compensation for property taken by a pipeline company through eminent domain.

Eminent Domain

Ranchers’ Fight for a Fair Price from Pipeline Company that Took Their Land Heads to the US Supreme Court

Andrew Wimer · June 29, 2026