The Depth Gauge

Tue 14 Jul 2026

The Non-Resident Test

A federal appeals court weighs whether owner-residency STR rules discriminate — while Riyadh Air opens its first European routes.

Today's signals: 9th Circuit hears first constitutional challenge to STR primary-residency rules · Riyadh Air flies Riyadh–Malaga for the first time today · Gwinnett County, GA approves STR licensing and weighs corporate ownership limits · Lexington, KY: listings down 40% since regulation, fines 76% uncollected · AirDNA midyear: US international STR demand running 12% below spring 2025


Regulation

Out-of-state STR owners take their fight to the 9th Circuit

Hood River, OR / Western US

Out-of-state vacation homeowners urged the 9th U.S. Circuit Court of Appeals on July 8 to revive their lawsuit against Hood River, Oregon's short-term rental ordinance, arguing the rule discriminates against non-resident property owners in violation of the Dormant Commerce Clause. Attorney Christopher Michel put it directly: "Discrimination here is stark."[1]

Hood River's 2024 ordinance requires STR properties in residential zones to serve as the owner's primary residence — or be leased long-term to a local tenant for at least 12 months. The plaintiffs include Victoria, British Columbia residents Skip Taylor and Paula Blanche, who rely on rental income from their Hood River home. Their argument is straightforward: a primary-residency requirement bars non-residents by definition. They can't establish primary residency in Oregon.[1]

The district court rejected this in April 2026. Judge Adrienne Nelson found that the residency requirement applies equally to in-state and out-of-state owners, and that non-residents retain the option of leasing to qualifying local long-term tenants. The plaintiffs counter that this equivalence is theoretical — in practice, a primary-residency standard excludes anyone who doesn't live nearby.[2]

What makes this significant is scope. Primary-residency requirements are the single most common STR restriction outside of outright bans. Cities from San Francisco to Austin use some version of them. A 9th Circuit ruling that such requirements violate the Dormant Commerce Clause would call the constitutional foundation of those ordinances into question across a wide swath of the western US.[2]

So what: The district court sided with the city, and the 9th Circuit hasn't ruled. But this is the first time the constitutional challenge to primary-residency STR rules has gotten federal appellate attention. The outcome will matter well beyond Hood River — dozens of cities with similar rules are watching.


Gulf Aviation

Riyadh Air begins its first European routes today

Saudi Arabia / Southern Europe

Riyadh Air launched its first seasonal European route this morning — Riyadh to Malaga, three times weekly through September 8.[3] Madrid follows July 17, Manchester July 23, Kuala Lumpur July 30.

The carrier launched commercial service June 10 with Riyadh–London Heathrow and has moved fast since — adding Dubai, Jeddah, and Cairo before turning to European leisure markets for the summer.[4] The pace is consistent with Saudi Arabia's aviation ambitions: the Kingdom needs carrier capacity to move both inbound tourists and outbound Saudi travelers at scale as it targets 150 million annual visitors by 2030.

For STR and hospitality operators in Malaga, Madrid, and Manchester, the shift is practical: a new Gulf demand segment is entering their booking pool for the first time this summer. Gulf travelers typically show longer average stays, higher ADR tolerance, and larger family-group configurations than European domestic leisure travelers — a guest profile that tends to benefit larger STR units and mid-scale hotels differently than the European weekend traveler these markets have historically priced for.[3]

The seasonal structure is the key variable. Riyadh Air's Malaga route runs through September 8, not year-round. This summer is a market test: if direct connectivity generates load factors that justify the route's economics, a winter schedule becomes viable and the demand shift becomes structural. Operators in these markets will have three months of actual booking data before that decision gets made.

So what: Riyadh Air's European routing is partly a commercial trial — does direct non-stop connectivity from Saudi Arabia to southern European leisure markets generate the hospitality demand needed to sustain year-round service? Whether Malaga makes the winter schedule in October will be the answer.


Also worth watching

The 9th Circuit's ruling, whenever it comes, will either give cities cleaner legal ground to restrict STR ownership by residency, or hand operators in multi-state portfolios a constitutional argument they currently don't have. Either outcome clarifies a question that's been quietly contested in federal courts for years.


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The Non-Resident Test — The Depth Gauge