5.66 — HOME SHARING

For purposes of this chapter, the following terms shall have the following meanings:

"Guest" shall mean the same as "transient" as defined in Section 3.32.020 of this code.

"Home sharing" shall mean the renting or offering for rent a room or part of a room in a primary residence for a period of thirty days or less while the owner or leaseholder resides in the unit during the guest's stay.

"Host" shall mean any natural person who engages in home sharing.

"Primary residence" shall mean any residential unit that the owner or leaseholder resides in for at least two hundred seventy days per year. A host can only have one primary residence.

"Rent" shall mean the transfer of any good, service, or other thing of value in exchange for the use of all or part of a dwelling for home sharing purposes.

"Reside" shall mean is present in the location for at least four hours within every twenty-fourhour period.

"Short term rental platform" shall mean any internet-enabled application, mobile application, website, or any other digital platform used to connect guests with hosts. (Ord. 18-1024 § 2, 2018; Ord. 24-33, 11/18/2024)

1. Home sharing shall not take place in any residential dwelling unit where the property owner and homeowners' association has not given their express, written approval to do so.

2. Home sharing shall not be allowed to take place in any rental unit.

3. Home sharing shall not be allowed to take place in any inclusionary housing or other income-restricted housing unit.

4. No person shall offer, facilitate an offer, or conduct home sharing in any location not approved for residential use, including, but not limited to, any vehicle, trailer, tent, storage shed, or garage.

5. No person shall offer, facilitate an offer, or conduct home sharing at any property that has been subject to the Ellis Act within the prior seven years.

6. No person shall offer, facilitate an offer, or conduct home sharing at any property unless it has obtained a valid business license to conduct home sharing at the property.

(Ord. 18-1024 § 2, 2018; Ord. 24-33, 11/18/2024)

Home Sharing. In addition to any other information prescribed by the Director, an application for a home sharing business license shall include the following information:

1. Applicant's name, address, twenty-four-hour phone number, email address, Social Security number or tax ID number,

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City of West Hollywood, CA § 5.66.030

WEST HOLLYWOOD CODE

§ 5.66.050

2. Proof of primary residency at the address to be used for home sharing.

3. The names and contact information of all persons that use the unit as their primary residence.

4. Affirmation that the applicant has read and agrees to abide by the requirements set forth in this chapter.

5. Proof that the applicant has obtained a "Transient Occupancy Registration Certificate" as required by Chapter 3.32 (Transient Occupancy Tax) of this code.

6. The Uniform Resource Locator (URL) (i.e. the web site address) for any and all advertisements of the rental on the business license application.

• (Ord. 18-1024 § 2, 2018; Ord. 24-33, 11/18/2024)

1. All advertisements for home sharing shall prominently display the West Hollywood home sharing business license number.

   • a. Any host that creates or maintains an advertisement in violation of this requirement shall be in violation of this chapter.

• (Ord. 18-1024 § 2, 2018; Ord. 24-33, 11/18/2024)

1. The licensee named on the home sharing business license shall reside in the dwelling unit during the entirety of the guests' stay.

2. The licensee shall respond in person telephonically within one hour and in person on-site within a reasonable period of being contacted by any law enforcement, fire department, or other city official.

3. The licensee shall provide an immediate update to the Code Compliance Division in writing if their contact information has changed.

4. A sign shall be installed on the inside of all exterior doors that lists the following:

   • a. Address of the dwelling unit;

   • b. Name and phone number of the licensee;

   • c. Emergency and non-emergency contact numbers for the West Hollywood Sheriff's Department, Fire Department, and Code Compliance Division.

5. Working smoke and carbon monoxide detectors shall be installed in the home sharing unit as required by the West Hollywood Building Code.

6. Emergency exit routes shall be prominently displayed on the inside of any exterior door for units located in multi-family structures of more than one story.

7. An operable fire extinguisher shall be located in an easily accessible location in the kitchen.

8. During home sharing activities, the unit shall have a maximum occupancy of two people

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City of West Hollywood, CA

BUSINESS LICENSES, REGULATIONS AND PERMITS

§ 5.66.050

§ 5.66.070

more than twice the number of bedrooms as listed on city or county records.

9. Licensees shall not engage in home sharing activities while the unit is under an open Notice of Violation for any health and safety related violation.

10. Home sharing shall not take place during any time in which the unit is infested with rodents, roaches, bedbugs, mold, or any other vermin or pests.

11. Clean and laundered bedding and towels shall be provided to home sharing guests upon commencement of their stay.

12. West Hollywood visitor on-street parking passes shall not be used by or provided to any home sharing guest.

13. Hosts shall maintain liability insurance in the amount of $500,000, unless the host exclusively uses a short term rental platform that provides equal or greater coverage.

(Ord. 18-1024 § 2, 2018; Ord. 24-33, 11/18/2024)

1. The licensee shall maintain records of home sharing activities as required by Chapter 3.32 of this code.

2. The personal identification and contact information of all home sharing guests may be redacted from records submitted to the city except when an audit pursuant to Chapter 3.32 has been initiated.

3. Licensees shall remit all owed transient occupancy taxes in full at the time they are due pursuant to Chapter 3.32 of this code.

• (Ord. 18-1024 § 2, 2018; Ord. 24-33, 11/18/2024)

1. The licensee shall be held responsible for administrative citations for violations of the municipal code committed by the home sharing guests.

2. Violations of this chapter are subject to the administrative penalty provisions of Sections 1.08.030 through 1.08.070 of this code.

3. Two or more violations of this chapter or any noise or nuisance violations that arise from home sharing activities in any three hundred sixty-five-day period may result in:

   • a. The immediate revocation of the home sharing business license.

     • i. This revocation may be appealed pursuant to Chapter 5.08 of this code.

   • b. Disallowing the renewal of the West Hollywood business license.

     • i. This determination may be appealed to the Department Director whose decision is appealable pursuant to Chapter 5.08 of this code.

4. If fraudulent information is found to have been provided on the business license application, the business license shall immediately be revoked, and the applicant shall be prevented from applying for a similar business license for a period of six months.

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City of West Hollywood, CA § 5.66.070

WEST HOLLYWOOD CODE

§ 5.66.100

• a. This revocation may be appealed to the Director by submitting a written request detailing the basis for the appeal and any additional documentation that the appellant would like to be considered.

• b. This written request shall be submitted within thirty calendar days from the date the revocation letter was sent.

• c. If a licensee fails to submit an appeal within the prescribed time, the revocation is deemed final.

• d. The Director's decision may be appealed pursuant to Chapter 5.08 of this code.

• e. While the appeals process is pending, the licensee shall not engage in any home sharing or short term rental activities.

• (Ord. 18-1024 § 2, 2018; Ord. 24-33, 11/18/2024)

A property owner or homeowners' association who has provided written approval to conduct home sharing may revoke such approval by submitting the revocation in writing to the licensee and the city. The valid written revocation shall not result in the revocation of the license, but shall disqualify the license from being renewed until written approval is again provided. (Ord. 18-1024 § 2, 2018; Ord. 24-33, 11/18/2024)

The city shall have the power to use all legal options at its disposal to gather information and enforce compliance with the provisions of this code, including the power to issue subpoenas. (Ord. 18-1024 § 2, 2018; Ord. 24-33, 11/18/2024)

Nothing in this chapter shall limit the ability of a common interest development to prohibit home sharing or enforce their covenants, conditions, and restrictions. (Ord. 18-1024 § 2, 2018; Ord. 24-33, 11/18/2024)

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City of West Hollywood, CA

BUSINESS LICENSES, REGULATIONS AND PERMITS

§ 5.68.010

§ 5.68.020