Is Airbnb legal in San Diego?

Overview of Airbnb Regulations in San Diego (2024)

San Diego has established a comprehensive set of regulations aimed at managing short-term rentals, specifically targeting platforms like Airbnb and VRBO. These regulations are designed to strike a balance between encouraging tourism and maintaining neighborhood quality of life. Here are the key elements of the regulations that hosts and potential guests should be aware of:

Licensing Requirements

• Short-Term Residential Occupancy (STRO) License: All hosts wishing to rent properties for less than 30 days must secure an STRO license from the City of San Diego. This involves confirming property ownership and adherence to local health and safety codes.
• Transient Occupancy Tax (TOT) Certificate: Hosts are required to obtain a TOT Certificate to collect and remit occupancy taxes, set at 10.5% of the rental amount.
• Business Tax Account Number: Every short-term rental operator must register for a Rental Unit Business Tax Account Number to ensure proper reporting and payment of applicable taxes.

Rental Caps and Tiers

• Rental Caps: Whole-home rentals, available for more than 20 days a year, are capped at 1% of the city’s housing inventory.
• Tiered Licensing Structure: San Diego's rental permits are divided into tiers based on usage, including part-time rentals, home-sharing, and whole-home rentals, with specialized considerations for high-demand areas like Mission Beach.

Operational Guidelines

• Safety Standards: Hosts must equip properties with smoke detectors, carbon monoxide detectors, and fire extinguishers, and ensure compliance with local health and safety regulations.
• Noise Control: Strict noise regulations are enforced under the Good Neighbor Policy, prohibiting excessive noise and disturbances. Adherence to community standards is mandatory.
• Parking Regulations: Hosts must provide adequate parking solutions as part of local code requirements to avoid traffic and congestion issues stemming from short-term rentals.

Enforcement and Penalties

• Non-compliance with STRO regulations can lead to financial penalties, with first-time violations typically resulting in warnings or small fines, escalating for repeat offenses to potentially thousands of dollars.
• The city conducts audits and has a complaint process to monitor compliance, ensuring rules are upheld.

Impact on Housing and Community

• Housing Availability: Short-term rentals have affected the long-term housing market, with some properties being converted to short-term listings, leading to concerns about housing affordability.
• Local Community Dynamics: Balancing the interests of residents with those of visitors is crucial. The city aims to preserve community character while allowing homeowners to benefit from short-term rental opportunities.

Conclusion

San Diego's approach to regulating short-term rentals reflects an ongoing effort to manage the impacts of tourism while ensuring that local communities remain vibrant and livable. By adhering to these regulations, hosts can ensure they operate within the law, while also fostering positive guest experiences and contributing to the local economy. For potential hosts, understanding and following these guidelines is essential for successful participation in San Diego's short-term rental market.