On Monday, December 18th the West Hollywood City Council began the process of amending the City’s Short Term Rental ordinance. It currently has a very strict ordinance as it relates to Short Term Rentals, completely outlawing it in the City. As the use of websites such as AirBnB and Homeaway have grown, cities have struggled to regulate the platforms.
Managing a community is complex. It is the rental owner and housing provider who is responsible for the operations of the building and caring for their community. On any given day managers must help resolve community disputes, conduct needed repairs, provider customer service, oversee vacancies, resolve nuisances and ensure the community operates in a way all residents can enjoy the shared space. AAGLA has concerns that the nuances of operating multifamily housing are not being fully considered during the Short term Rental debate
AAGLA has asked all cities considering these ordinances to incorporate the below points into any Home Sharing regulatory framework:
- No home sharing should be conducted in a multifamily property without explicit written permission from the owner.
- No ordinance should circumnavigate or invalidate provisions in a lease document.
- Include a provision which would give the property owner the ability to completely remove the property from the prospect of home sharing to avoid illegal rentals.
- If allowed by permission, it should not be considered a housing service. A landlord must be able to rescind their permission at any time, for any reason.
No community is the same and housing providers must be able to make the decisions that are best for their communities. Any enforcement mechanism, whether it is an official registration number or other method taken by City Code Enforcement should take into consideration the actions of the party responsible for the illegal rental. Owners should not be penalized for illegal rentals being conducted by residents.
Thankfully, the City of West Hollywood appears to understand the concerns of rental housing providers. During the deliberations; Councilmembers Lindsey Horvath, John D’Amico and John Duran expressed a need for explicit written permission from Housing Providers.
You can watch the video HERE!
AAGLA will continue to monitor this ordinance in West Hollywood and other cities to ensure the right of the provider to manage the community is protected.