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.
Stuart Brogan
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?
Heather Weiermann
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. 😀
Jane
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?
Heather Weiermann
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.