I’m sure regulation is on top of a lot of hosts’ minds, so here’s a summary from an article I read on the general restrictions. As hosts, what do you think of these regulations?
Caps on nightly stays
Sacramento is considering allowing landlords to rent out homes or rooms up to 30 days a year, though this cap is subject to change before local lawmakers take up the proposal.
Last year, the San Jose City Council placed a cap at 180 days, which Airbnb considered a more reasonable policy.
The San Jose policy is generous compared to actions taken by other jurisdictions.Lawmakers in San Francisco, for example, imposed a cap of 90 days, but the property must be a multi-family unit and the landlord must be a permanent San Francisco resident. The owner can rent out the unit they live in for an unlimited number days, according to compliance guidance published by Sinai Law, a Los Angeles firm specializing in housing law.
Renting a room vs. a home
The developing Sacramento proposal does not distinguish between a landlord renting out a single room versus an entire house.
Santa Monica, which has one of the most restrictive vacation rental policies in the nation, only authorizes a version of home-sharing where residents can host visitors while the landlord is home. In other words, the visitor must stay in a guest room or on the couch.
The Los Angeles City Council is considering a law to prohibit people from renting out houses for vacation rentals if the home is not their primary resident, according to the Los Angeles Times.
Hotel tax
Local governments across the state impose a tax on hotels and similar lodging properties. The idea is that a tourist entering a community must pay for public services they inevitably use roads and parks. These “transient occupancy taxes” vary by jurisdiction and represent a percentage of what the customer pays for the room or house.
In Sacramento, visitors pay a 12 percent transient occupancy tax, which is the same rate paid in Los Angeles County. In San Francisco the tax is 14 percent. In San Jose the tax is 10 percent. Airbnb facilitates this charge through its website.
Who can rent a home?
An Airbnb landlord is typically the property owner. Most rental agreements prohibit tenants from renting out their leased unit. A pending bill would require Airbnb and its competitors to inform tenants that using the service could violate a lease and lead to their eviction. Senate Bill 761 has passed the Senate and Assembly with little opposition.