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Industry News for Vacation Rental Managers

Airbnb Amends Lawsuit Against Santa Monica to Focus on California Coastal Act and Federal Law

Airbnb Amends Lawsuit Against Santa Monica to Focus on California Coastal Act and Federal Law
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Heather Weiermann
January 3, 2018

AirBnb did not waste any time in taking action to incorporate last week’s California Coastal Commission 9-2 vote to reject Laguna Beach’s ordinance, which bans short-term vacation rentals in residential neighborhoods, into its lawsuit against the city of Santa Monica. Airbnb has amended their legal complaint against the city to focus more on the California Coastal Act in addition to Federal law.

AirBnb’s attorneys say Santa Monica’s ordinance, which allows rentals for less than 30 days when the host is present, limits the supply of lower-cost vacation accommodations, making it harder for low and moderate-income Californians to access the coast.

The complaint states “All the things that make Santa Monica unique and attractive also can cause some of those lucky enough to call it home to be proprietary, exclusive, and protectionist, with the City’s policies historically reflecting an antigrowth mindset.”

“The 1,100 miles of California coastline is an invaluable public resource, and state law mandates that access to that publicly-owned land be expansive and available for all of California’s residents, not just those with sufficient resources to live near the ocean.”

The Commission has not commented on Santa Monica’s ordinance.  However, city leaders have said they believe the current ordinance expands access to affordable lodging.

Related ItemsairbnbbancaliforniaCalifornia Coastal ActCalifornia Coastal CommissionCommunications Decency ActindustryLaguna BeachordinanceotaOTAsregulationsrestrictionsSanta Monicashort-term rentalvacation homevacation rentalVacation rentals
View Comments (4)

4 Comments

  1. Stuart Brogan says:
    January 4, 2018 at 12:06 pm

    Hi Heather, Let me clarify your comment. It’s “homesharing” so, according to the City, “Onsite” means actually inside the unit. So if you are wanting to rent a house, you have to share the unit with the host. The host needs to be there and live there and share the facilities. Talk about awkward. Unless some folks have found ways around this?

    Reply
    • mm Heather Weiermann says:
      January 4, 2018 at 12:36 pm

      Thanks Stuart — for everyone’s reference, here is a link to the City of Santa Monica’s Ordinance https://www.smgov.net/uploadedFiles/Departments/PCD/Permits/Santa%20Monica%20HomeSharing%20Rules.pdf

      I did a quick search on Airbnb and there are over 300 listings in Santa Monica with a shared or private room offered for rent in an owner-occupied home. Many people enjoy this type of travel experience – both hosts and guests – for others it’s not even a consideration. 😀

      Reply
  2. Jane says:
    January 3, 2018 at 7:29 pm

    “AirBnb’s attorneys say Santa Monica’s ordinance, which allows rentals for less than 30 days when the host is present”

    should this not read, which PROHIBITS rentals for less than 30 days?

    Reply
    • mm Heather Weiermann says:
      January 3, 2018 at 7:45 pm

      Hi Jane, Santa Monica’s ordinance allows short-term rentals when the host lives onsite. Laguna Beach’s ordinance bans all short-term vacation rentals in residential neighborhoods. Every city has unique and different rules and language, so it gets confusing easily.

      On May 12, 2015, the Santa Monica City Council adopted the Home-Sharing Ordinance reiterating its ban on the rental of entire units as vacation rentals. The Home-Sharing Ordinance also legalized the short term rental of a portion of a person’s home when the host lives on-site throughout the visitor’s stay and when the host obtains a business license. Hosts are also required to collect and remit Transient Occupancy Tax (TOT) if not collected and remitted by the hosting platform.

      Reply

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Industry News for Vacation Rental Managers
January 3, 2018
mm
Heather Weiermann @travlinsunshine

After growing up on the beaches of San Diego, Heather graduated from the University of California, Santa Cruz with a Community Studies degree. Heather began marketing and managing vacation homes in 1999 as a favor to a friend who owned a beautiful home in La Jolla, California. Over the course of 14 years, Heather’s business, Southern California Vacation Rentals, grew to become one of San Diego’s leading vacation rental companies. In 2013 Heather sold her company, and after helping with the transition of ownership, Heather knew immediately she wanted to help other vacation rental managers realize the same results she found after implementing The NAVIS Way at her own business. Throughout her tenure, Heather has supported the vacation rental industry and other vacation rental managers by volunteering on local, state and national tourism and vacation rental committees and advisory councils. Heather served on the Board of Directors and as an Executive Committee Member of the Vacation Rental Managers Association from 2010 - 2014. Heather also founded the California Vacation Rental Managers Alliance and the San Diego Vacation Rental Managers Alliance. Both organizations were created to bring a much needed voice and public awareness to the region's vacation rental industry.

Related ItemsairbnbbancaliforniaCalifornia Coastal ActCalifornia Coastal CommissionCommunications Decency ActindustryLaguna BeachordinanceotaOTAsregulationsrestrictionsSanta Monicashort-term rentalvacation homevacation rentalVacation rentals

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