Bill Text: CA AB2328 | 2021-2022 | Regular Session | Introduced
Bill Title: Local ordinances: home experience sharing.
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2022-04-27 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2328 Detail]
Download: California-2021-AB2328-Introduced.html
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2328
| Introduced by Assembly Member Flora (Coauthor: Senator Hurtado) |
February 16, 2022 |
An act to add Chapter 6.4 (commencing with Section 51043) to Part 1 of Division 1 of Title 5 of the Government Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 2328, as introduced, Flora.
Local ordinances: home experience sharing.
Existing law requires a hosting platform to provide an offer or 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 prohibit a city or county from prohibiting or effectively prohibiting the use of property as a home experience sharing unit. The bill would define “home experience sharing unit” as a privately owned, noncommercial property or residential dwelling unit that is rented partially for a fee for a period of fewer than 18 continuous hours and that does not provide sleeping accommodations to transients. The bill would authorize a city or county to
reasonably regulate home experience sharing units to protect the public’s health and safety, as specified.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 6.4 (commencing with Section 51043) is added to Part 1 of Division 1 of Title 5 of the Government Code, to read:CHAPTER 6.4. Home Experience Sharing
51043.
(a) A city or county shall not prohibit or effectively prohibit the use of property as a home experience sharing unit.(b) A city or county may reasonably regulate home experience sharing units to protect the public’s health and safety through generally applicable ordinances or other local regulations.
(c) For purposes of this section:
(1) “Effectively prohibit” means the city or county acts or fails to act in a manner that prevents a property owner from using the owner’s property as a home experiences sharing unit after reasonable compliance with generally applicable local laws.
(2) “Home experience sharing unit” means a privately owned, noncommercial, property or residential dwelling unit that is rented partially for a fee for a period of fewer than 18 continuous hours and that does not provide sleeping accommodation to transients.
(d) The Legislature finds and declares that this section 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, this section applies to all cities, including charter cities.
