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AB-964 Rental units: hosting platforms: coastal resources.(2021-2022)

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Date Published: 03/18/2021 09:00 PM
AB964:v98#DOCUMENT

Amended  IN  Assembly  March 18, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 964


Introduced by Assembly Member Boerner Horvath

February 17, 2021


An act to amend Section 22592 of the Business and Professions Code, relating to short-term rentals. An act to add Sections 16005 and 16106 to the Business and Professions Code, relating to coastal resources.


LEGISLATIVE COUNSEL'S DIGEST


AB 964, as amended, Boerner Horvath. Short-term rentals: hosting platforms. Rental units: hosting platforms: coastal resources.
Existing law, the California Coastal Act of 1976, establishes the California Coastal Commission and provides for planning and regulation of development in the coastal zone, as defined. The act requires the commission, within 90 days after January 1, 1977, to adopt, after public hearing, procedures for the preparation, submission, approval, appeal, certification, and amendment of a local coastal program, as provided.
Existing law places specified requirements on a hosting platform, including providing an offeror listing a residence for short-term rental on the hosting platform with a specific notice relating to certain liability considerations and risks of listing the residence. Existing law defines “hosting platform” as a marketplace that is created for the primary purpose of facilitating the rental of a residential unit, as specified.
This bill would provide that an ordinance, policy, or program enacted by a city or county, including a charter city or county, that regulates or licenses the rental of residential units for tourist or transient-use occupancy within the coastal zone through a hosting platform is not considered development subject to the California Coastal Act. The bill would specify that a city or county, including a charter city or county, is not required to comply with the California Coastal Act when enacting or enforcing an ordinance, policy, or program that regulates or licenses the rental of residential units through a hosting platform. The bill would additionally provide that a local coastal program is not required to include an ordinance, policy, or program that regulates or licenses the rental of residential units through a hosting platform.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

Existing law requires a hosting platform, as defined, to provide a specified notice to an offeror listing a residence for short-term rental on the hosting platform, as provided.

This bill would make a nonsubstantive change to these provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 16005 is added to the Business and Professions Code, to read:

16005.
 (a) An ordinance, policy, or program enacted by a city, including a charter city, that regulates or licenses the rental of residential units for tourist or transient-use occupancy within the coastal zone, as defined by Section 30103 of the Public Resources Code, through a hosting platform, as defined by Section 22590, shall not be considered development within the meaning of Section 30106 of the Public Resources Code.
(b) A city, including a charter city, shall not be obligated to comply with Article 2 (commencing with Section 30620) of Chapter 7 of Division 20 of the Public Resources Code when enacting or enforcing an ordinance, policy, or program described in subdivision (a).
(c) A local coastal program, as defined in Section 30108.6 of the Public Resources Code, shall not be required to include an ordinance, policy, or program described in subdivision (a).

SEC. 2.

 Section 16106 is added to the Business and Professions Code, to read:

16106.
 (a) An ordinance, policy, or program enacted by a county, including a charter county, that regulates or licenses the rental of residential units for tourist or transient-use occupancy within the coastal zone, as defined by Section 30103 of the Public Resources Code, through a hosting platform, as defined by Section 22590, shall not be considered development within the meaning of Section 30106 of the Public Resources Code.
(b) A county, including a charter county, shall not be obligated to comply with Article 2 (commencing with Section 30620) of Chapter 7 of Division 20 of the Public Resources Code when enacting or enforcing an ordinance, policy, or program described in subdivision (a).
(c) A local coastal program, as defined in Section 30108.6 of the Public Resources Code, shall not be required to include an ordinance, policy, or program described in subdivision (a).

SEC. 3.

  The Legislature finds and declares that Section 1 of this act adding Section 16005 of the Business and Professions Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
SECTION 1.Section 22592 of the Business and Professions Code is amended to read:
22592.

A hosting platform shall provide the following notice to an offeror that lists a residence for short-term rental on the hosting platform:

(a)If you are a tenant who is listing a room, home, mobilehome, condominium, or apartment, please refer to your rental contract or lease, or contact your landlord, prior to listing the property to determine whether your lease or contract contains restrictions that would limit your ability to list your room, home, mobilehome, condominium, or apartment. Listing your room, home, mobilehome, condominium, or apartment may be a violation of your lease or contract, and could result in legal action against you by your landlord, including possible eviction.

(b)You should review any restrictions on coverage under your homeowners’ or renters’ insurance policy related to short-term rental activities to ensure that there is appropriate insurance coverage in the event that a person sustains an injury or loss for which you are responsible, a person damages or causes loss to your personal or real property, or a claim or lawsuit is made against you or otherwise arises out of activities related to this hosting platform.