Federal court upholds New Orleans limits, Bali’s foreign investment block continues, New York City rolls out surcharge

Uvika Wahi

Short term rental policies new orleans, bali, new york city
TL;DR: On August 5, a federal appeals court upheld New Orleans' short-term rental ordinance, affirming the city's right to limit permits to one per block. In the Asia-Pacific region, Bali's block on new foreign investment licenses across 18 business sectors, including short-term rentals, remains in force as enforcement tightens. Meanwhile, New York City is preparing to issue its first wave of tax notices for a new surcharge on non-primary residences, adding another layer of financial consideration for second-home owners.

Short-term rental policies developments this week: New Orleans, Bali, and New York City each carry consequences for operators. The landscape shows a distinct global shift in regulatory tactics: from federal courts upholding strict block-level density caps in Louisiana, to sustained restrictions on foreign investment in Indonesia, to new non-primary residence surcharges in major US markets.


Federal court upholds New Orleans short-term rental ordinance

Short-term rental policies in New Orleans
Short-term rental policies in New Orleans
  • On August 5, 2026, the US Fifth Circuit Court of Appeals upheld New Orleans’ short-term rental ordinances, affirming the dismissal of Airbnb’s lawsuit against the city’s restrictions.
  • The ruling preserves the city’s strict density limit, which restricts short-term rental licenses to just one per city block, awarded through a lottery system.
  • The “why”: The court rejected the argument that the one-rental-per-block rule amounted to an unconstitutional taking of private property. The panel found that because owners retain the ability to lease their properties for long-term use, the regulation does not violate the Fifth Amendment.
  • The timeline: Enforcement of these rules has been underway since August 2025. Since that deadline, Airbnb has delisted more than 1,000 New Orleans properties, and citywide short-term rental inventory across all platforms is down an estimated 16 to 20 percent. Booking platforms remain legally required to verify a listing’s city permit before processing any transactions.

Uvika’s views

  • Managing density caps: The New Orleans ruling sets a strong legal precedent for other major US cities looking to implement strict density quotas.
    • When cities limit inventory on a per-block basis, localized supply becomes artificially constrained.
    • What professional managers can do is prioritize acquiring long-term management contracts for properties that have already secured these grandfathered lottery slots.
  • Platform liability as the standard: As we saw with the enforcement of Local Law 18 in New York City, shifting verification liability to the platforms is highly effective at enforcing local rules.
    • Because platforms face direct financial penalties for listing unverified properties, they will automatically delist non-compliant units.
    • Professional operators must maintain impeccable digital compliance records to avoid automated removal from major booking channels.

Bali’s block on new foreign investment licenses holds firm

Short-term rental policies in Bali
Short-term rental policies in Bali
  • The Provincial Government of Bali, in coordination with Indonesia’s investment ministry, restricted new foreign direct investment (PMA) licenses across 18 business sectors, and the block remains active.
  • The policy targets accommodation and real estate rental activities among other sectors, meaning new foreign-owned short-term rental businesses still cannot obtain licenses via the Online Single Submission (OSS) system for these lower-risk classifications.
  • The “why”: The government enacted this policy to protect local micro, small, and medium enterprises (MSMEs), after Bali’s governor raised concerns that foreign-owned companies were using low-risk business categories to enter sectors traditionally occupied by local operators.
  • The timeline: The restriction took effect from the third week of May 2026, following a formal request from Bali’s governor to Indonesia’s Minister of Investment in late January 2026. It remains in force today, and enforcement has since tightened, with authorities applying substance-based compliance checks to existing operators as well.

Uvika’s views

  • Protecting local enterprises: Bali’s approach reflects economic protectionism rather than housing preservation, and it has held steady for months now rather than easing.
    • This shifts the competitive advantage directly to domestic operators.
    • What professional foreign managers can do is explore joint venture structures with local MSMEs to remain compliant with investment laws.
  • Consolidating existing portfolios: With new foreign licenses still paused, existing permitted operations become more valuable.
    • Operators who already hold valid PMA licenses can focus on optimizing their current portfolios rather than expanding through new acquisitions.
    • Ensuring ongoing compliance with local tax and operational requirements is essential to maintaining these licenses, especially as enforcement scrutiny increases.

New York City prepares August rollout for non-primary residence surcharge

Short-term rental policies in New York City
Short-term rental policies in New York City
  • New York City is preparing the rollout of a “City Surcharge on Property That Does Not Serve as a Primary Residence,” a provision enacted in the recent New York State Budget Bill.
  • By law, the first wave of tax notices for this fiscal year must be issued to owners by August 30, 2026.
  • The “why”: The surcharge applies to non-primary condominium and cooperative units valued at $1 million or more, and to non-primary one-, two-, and three-family homes valued at $5 million or more. It introduces a new financial consideration for real estate investors who maintain second homes or investment properties in the city, across both the condo and single-family segments.
  • The timeline: Notices are scheduled to be sent by the end of August 2026, with the surcharge impacting the current fiscal year’s property tax assessments.

Uvika’s views

  • Compounding financial pressures: We previously covered how Local Law 18 reshaped the New York City market by limiting short-term rentals to two guests and requiring host presence.
    • For investors who relied on short-term rentals to offset the costs of a second home, whether a condo or a single-family property, this new surcharge adds another layer of operational cost.
    • The financial model for non-primary properties in the city continues to shift toward long-term holding strategies.
  • Pivoting to mid-term stays: To navigate the combination of Local Law 18 and the new property surcharge, operators must adjust their leasing models.
    • What professional property managers can do is pivot these assets exclusively to 30+ day mid-term rentals or corporate housing.
    • This approach maintains legal compliance while generating consistent revenue to offset the increased tax obligations.

Stay on top of short-term rental regulation trends and what they mean for your operating environment.