Is Airbnb legal in Los Angeles?

In Los Angeles, Airbnb and other short-term rental platforms are regulated under the Home-Sharing Ordinance, which came into effect on November 1, 2019. This ordinance outlines specific requirements to ensure legal compliance and the balance between short-term rentals and the residential housing market.

Key Requirements for Hosts:

1. Primary Residence:

   • Hosts must only list their primary residence, where they live for at least six months annually. Non-residential properties are not eligible for short-term rental registration.

2. Registration:

   • Hosts must register with the city, obtaining a Home-Sharing Permit for a fee and display a unique registration number on listings.
   • The fee for regular permits increased to $192 as of July 1, 2023. Extended permits, which allow for more than the standard hosting quota, cost $1,030.

3. Annual Hosting Cap:

   • A 120-day cap is imposed on hosting per calendar year. Exceeding this requires an Extended Home-Sharing permit, subject to additional requirements like a public hearing.

4. Transient Occupancy Tax (TOT):

   • Hosts must collect a 14% TOT on stays 30 days or less. This tax is collected by platforms like Airbnb but hosts still need to file monthly tax returns.

5. Record Maintenance:

   • Hosts must maintain logs of rental activity and furnish them upon city request.

6. Safety and Compliance:

   • Properties must have fire extinguishers, smoke detectors, and clear emergency exits. Hosts should provide safety information to guests, and platforms need to ensure compliance with these safety standards.

Operational Limitations:

• Short-term renting of Accessory Dwelling Units (ADUs) is restricted unless they were established before January 1, 2017, and not needed for affordable housing.

Enforcement and Penalties:

• Citations and fines can be issued for non-compliance, potentially leading to legal actions.

Impact on Housing:

• The regulations aim to mitigate the adverse effects of short-term rentals on the housing stock and affordability, maintaining a balance between tourism and residential needs.

Hosts are advised to consult the Los Angeles City Planning guidelines and maintain compliance to avoid penalties. Assistance and detailed resources are available through the City Planning's online portal and help lines.