Constitutional Court strikes down Emilia-Romagna short-term rental law as disproportionate

In a decision released today, Italy’s Constitutional Court upheld the government’s appeal against two provisions of Emilia-Romagna’s 2025 law regulating short-term rentals. The contested article 4 introduced a specific urban-use category for short-term rentals, requiring a change of use for any property across the whole region. Article 5 allowed local authorities to set additional conditions for such rentals.

The Court concluded that, although limiting overtourism is a legitimate aim, the regional rules are too broad and create an unreasonable disparity between private short-term rental hosts and other hospitality providers. The ruling echoes concerns raised by the national government about market distortion and competition. Regional housing minister Giovanni Paglia criticized the decision as part of a pattern of repeated legal challenges by the government. The judgment signals that any future regional attempts to restrict short-term rentals must meet stricter proportionality tests.