Would prohibit a non-resident homeowner in San Diego County from renting their property for more than 30 days in a calendar year as a short-term rental.
Current Status: Dead
FindHOALaw Quick Summary:
Existing law requires a hosting platform, as defined, to provide a specific notice to an occupant listing a residence for short-term rental on a hosting platform that states, among other things, that, if the occupant is a tenant, listing the room, home, condominium, or apartment may violate the lease or contract and could result in legal action by the landlord, including possible eviction.
This bill would add Business and Professions Code 22596 authorize a housing platform to make available a residentially zoned or residentially used unit within a residential property that is located within the coastal zone as a short-term rental 365 days per year if the primary resident lives onsite of the residential property full time. The bill would prohibit a housing platform from making available residential property that is located within the coastal zone in which the primary resident does not live onsite full time as a short-term rental for more than 30 days per year, unless the primary resident makes the residential property available as a short-term rental in accordance with the Lower Cost Coastal Accommodations Program administered by the State Coastal Conservancy. The bill would also require the housing platform facilitator of the short-term rental to be responsible for collecting and remitting applicable transient occupancy taxes, as specified.
**AB 1731 was amended on April 10, 2019, to apply to the County of San Diego and to define full time residence as 270 days per year.
(d) (1) This section does not apply to limit or supersede any restrictive covenant covenant, rental contract, or other rule private contract that imposes additional restrictions upon the use of the residential property as a short-term rental or prohibit the residential property from being made available as a short-term rental.
(f) (2) “Full time” means at least 270 days per year.
(3) “Primary resident” means a person who physically occupies and lives in the residential property on a day-to-day basis. A person may only be the primary resident of one residential property at a time. If a person physically occupies and lives in more than one residential property in a calendar year, that person shall be the primary resident of the residential property in which the person lives for the greatest number of days in a year.
SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the County of San Diego regarding short-term rentals.
**AB 1731 was amended on May 2, 2019, to provide definitions for “eligible area” and “residential property.”
(2) “Eligible area” means an area for which all of the following apply:
(A) The area is within the County of San Diego.
(B) The area is within the coastal zone.
(C) The area is identified as an urbanized area or urban cluster in the most recent United States Census.
(D) The area is zoned for residential use, not including a residential tourist zone…
(5) “Residential property” means improved real property used or occupied, or intended to be used or occupied, for residential purposes, including a single family home, multifamily home, apartment, or condominium. “Residential property” does not include a campground, cabin, limited stay recreational vehicle park, motel, or hotel.
**AB 1731 was amended on July 2, 2019, to limit short term rentals to no more than 30 days per calendar year, and to repeal the bill provisions as of January 1, 2023.
(2) If the primary resident does not live onsite of at the residential property full time, both of the following shall apply: time, then the hosting platform shall not book a transaction for the residential property as a short-term rental for more than 30 days per calendar year.
(h) This section shall remain in effect only until January 1, 2025, 2023, and as of that date is repealed.
View more info on AB 1731
from the California Legislature's website
Related Topics
Related Statutes
Related Case Law
- Greenfield v. Mandalay Shores Community Association
(2018) 21 Cal.App.5th 896
[Short-term Rental Restrictions; Coastal Communities] A HOA within a coastal zone may not have the ability to restrict short-term rentals without approval of the California Coastal Commission.
- Almanor Lakeside Villas Owners Association v. Carson
(2016) 246 Cal.App.4th 761
[Attorney’s Fees; Prevailing Party] Where both sides achieved some positive net effect as a result of the court’s ruling, a prevailing party determination is made by comparing the practical effect of the relief attained by each; After resolving the issue of prevailing party in an action to enforce the governing documents, a trial court has no discretion to deny attorney’s fees.
- Watts v. Oak Shores Community Association
(2015) 235 Cal.App.4th 466
[Operating Rules; Rental Activities; Board Deference] Homeowners associations may adopt reasonable rules and impose fees on members relating to short-term rentals of condominium units.
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