March 19, 2024 Breaking News, Latest News, and Videos

Federal Court Uphold City’s Homeshare Ban

Santa Monica prevails over Airbnb and HomeAway

By Sam Catanzaro

The Ninth Circuit Court of Appeals this week affirmed the City of Santa Monica’s Home-Sharing Ordinance in the face of a challenge brought by Airbnb and Homeaway.com. This ruling confirms the City’s right to regulate home sharing in order to protect its limited housing stock for residents.

The district court and now a unanimous panel of three Ninth Circuit judges have agreed that the City’s Home-Sharing Ordinance is a lawful housing and rental regulation with the “central and significant goal” of preserving the City’s “housing stock and preserving the quality and nature of residential neighborhoods.”

“We are thrilled to have confirmation from the Ninth Circuit that our balanced approach to home sharing is working at a time when housing and affordability continue to challenge the region,” said Santa Monica Mayor Gleam Davis. “This is a big win for Santa Monica residents and our residential neighborhoods.”

This decision affirms the district court’s dismissal of AirBnB and HomeAway’s argument that the City’s Home-Sharing Ordinance violated the Communications Decency Act and the First Amendment.    

“The Santa Monica City Attorney’s Office is pleased that the Ninth Circuit has unanimously upheld the City’s Home-Sharing Ordinance. This critical local law prevents residences in our community from being converted into de facto hotels; it protects affordable housing and it helps residents stay in their homes. As the Ninth Circuit itself has said, the Communications Decency Act does not ‘create a lawless no-man’s land on the internet,” said City Attorney Lane Dilg.

In a statement, Airbnb responded to the ruling by saying that the ruling will hurt middle and working class families who rely on home-sharing as a source of income.

“Airbnb sought to work with the City of Santa Monica on a solution that ensures working and middle-class families who want to visit the coast can find an affordable place to stay. Despite our efforts, the city insisted on an approach that was out of step with progress across the country,” Airbnb said.

The company went on to point out that in cities such as Santa Barbara, New York and Miami courts have invalidated municipalities’ home-sharing bans.

Santa Monica has some of the strictest home-share regulations in the United States, outlawing rentals of whole houses to tourists and travelers for under 30 days. In addition, vacation-rental hosts in Santa Monica can only rent individual rooms to guests and must be present in the residence throughout the entire stay.

In court, Airbnb and HomeAway/VRBO contended that the Santa Monica law, which also required the companies to regulate their websites, violates their free speech rights under the First Amendment and the Community Decency Act, which protects web service providers from liability for content on their websites.

While the ruling this week only will have immediate impacts in Santa Monica, both Airbnb and Homeaway told the court during the trial that they feared that this litigation will spur copycat lawsuits nationwide.

The City was represented in this case by attorneys from the Santa Monica City Attorney’s Office.

 

Related Posts

Time is Running Out To Give Public Input on Malibu’s Revised Housing Element

March 18, 2024

March 18, 2024

City Asks Residents to Comment on Strategies for Addressing Housing Needs The City of Malibu has released an updated Revised...

Fatal Crash Claims Life of Woman on Pacific Coast Highway in Malibu

March 18, 2024

March 18, 2024

Accident Victim Identified in Thursday Night Accident A woman tragically lost her life in a Thursday evening crash along the...

California Wildlife Center Responds to Distressed Marine Mammal at Little Dume Beach

March 18, 2024

March 18, 2024

Third Gray Whale Stranding of 2024 Prompts Concern in Malibu On the morning of Saturday, March 16, the California Wildlife...

Woman Drives Car In Ocean After High Speed Police Chase

March 18, 2024

March 18, 2024

Law enforcement officers pursued her along the I-110 and I-405 until she reached the vicinity of Venice Beach A woman...

Santa Monica Authorities Seek Public’s Help After Sexual Assault Incident

March 17, 2024

March 17, 2024

SMPD Urges Anyone With Information to Come Forward Authorities in Santa Monica are seeking information from the public after a...

FBI Seeks Victims of Alleged Online Exploitation Scheme Allegedly Run by Resident of Santa Monica

March 17, 2024

March 17, 2024

Individuals Urged to Come Forward in Investigation of John Douglas Burch The FBI’s Philadelphia Field Office is urging individuals to...

(Video) Sarah Kate Ellis, President and CEO of GLAAD Responds to News of Nex Benedict’s Cause of Death

March 15, 2024

March 15, 2024

Sarah Kate Ellis, President and CEO of GLAAD, responds to the release of the Oklahoma Medical Examiner’s Ruling on Nex...

Venice Family Clinic Announces Inaugural HEART Gala to Celebrate Health and Art

March 15, 2024

March 15, 2024

Event Honors Creative Community and Supporters of Vital Health Care Services Venice Family Clinic, a non-profit community health center dedicated...

“Love Lies Bleeding” is Ripped: Actress Katy O’Brian Talks Love, Sex, and Vulnerability

March 15, 2024

March 15, 2024

Katy O’Brian is a Breakout Star Who Shines in Loving and Hilariously Violent Crime Film English film director Rose Glass’...

Pacific Park on Santa Monica Pier Sold to SC Holdings, $10M Investment Planned

March 14, 2024

March 14, 2024

The Cultural Institution Set for Exciting Upgrades Santa Monica Amusements LLC (SMA), the operating group of Pacific Park on the...

Woman Returns $1K Worth of Stolen Items After Store Finds Her Social Media Account

March 14, 2024

March 14, 2024

For the Owner, the Incident Is Perhaps Indicative of an Environment at the Palisades Village Where Smaller Businesses Are More...

LAPD Identify Suspect Who Struck 6-Year-Old Girl Last Weekend

March 14, 2024

March 14, 2024

An Arrest Was Made Following “Another Incident” in Venice By Zach Armstrong  The Los Angeles Police have identified Ahsante Lamar...

SMC to Host Free Screening of West Coast Hip Hop Documentary

March 14, 2024

March 14, 2024

Free Presentation Includes Audience Q&A with Hip Hop Icons Santa Monica College (SMC) is set to host a complimentary screening...

IRS Launches Direct File Pilot of Free Filing Tool for Taxpayers in California, 11 Other States

March 14, 2024

March 14, 2024

Free, Convenient Online Tax Filing Option Now Available for Eligible Individuals The Internal Revenue Service (IRS) announced the official launch...

SMPD Arrests Man Who Allegedly Attacked Girlfriend, Brandished Replica Firearm at Her Daughter

March 13, 2024

March 13, 2024

The Man Faces Charges of Felony Domestic Violence and Misdemeanor Child Abuse A suspect is in custody after a domestic...