October 2024
Disclaimer. This page is intended solely to assist you in understanding the regulations you may need to comply with. The information provided here is not exhaustive and may not reflect the most current legal standards. It is your responsibility to ensure compliance with applicable laws. For further guidance, please contact your local tax authorities or consult with a qualified legal or tax professional.
Santa Monica Municipal Code Chapter 6.20 (Home-Sharing Ordinance) regulates the STR market. We recommend you to read it. Please visit this page dedicated to STR on Santa Monica’s website.
For any further questions on Home-Sharing rules and regulations, you can contact Santa Monica’s Planning department at (310) 458-8341 or by email at planning@smgov.net.
Applicable taxes
Short-term rental activities are subject to different taxes. misterb&b registered to collect the TOT in Santa Monica on your behalf. For more information, check our FAQ about US sales/occupancy tax collection by misterb&b.
You remain responsible for registering for, collecting and/or remitting any other taxes applicable to your hosting activity.
Home-Sharing and Vacation Rental
The law applies to all residential units in all zones in the City, including family houses, apartments and condominiums.
- Home-sharing permitted in primary residences. Transient use (i.e. stays of 30 consecutive days or less) is only permitted in primary residency (as defined in SMMC 6.20.010). As a Host, you must be present throughout the Guest’s stay.
- Vacation rentals ban. It is not allowed to rent any residential property to a Guest for exclusive use (in your absence) for less than 31 consecutive days. Rentals of units located within City-approved hotels, motels, and bed and breakfasts shall not be considered vacation rentals.
Home-Sharing Permit and Business License
Hosts in Santa Monica must obtain a Home-Sharing permit and a Home-Sharing Business License.
- Home-Sharing Registration Package. There is a single application to be completed to obtain both the permit and the Business License. The registration package can be downloaded here.
- Annual renewal. The Home-Sharing permit must be renewed annually.
Home-Sharing conditions
Conditions and restrictions apply to your hosting activity.
- Groups of Guests restriction. You cannot rent out to more than two groups of visitors for any given date.
- Occupancy limits and vehicle limits. Both the number of Guests that can be hosted, and the number of vehicles that they can bring during your stay, is capped in the Home-Sharing Ordinance.
- Liability insurance. You must maintain liability insurance to cover home-sharing with minimum limits of not less than $500,000, since misterb&b does not provide you equal or greater coverage at this time (March 2022).
- Third party rules. You should check that no lease agreements, homeowners’ association bylaws, covenants, conditions & restrictions (CC&Rs) or other prohibit the use of your unit as a Home-Share.
Advertising your Home-Share
The Home-Sharing Ordinance regulates the advertisement of Home-Shares.
- You must add the business license number to your misterb&b listing(s) (go to the “Local Requirements” page, via “Edit my listing”). In the absence of a valid permit number, misterb&b may delete your listing.
- Other information to include. Your listing must specify that the you will be present throughout the Guest’s stay, along with the permitted occupancy of the Home-share (as you specified in the Home-Sharing Permit application) and number of visitor vehicles.
Maintaining compliance
- Nuisance. The Host must actively ensure his Home-Sharing activity does not result in nuisance of any kind (such as noise nuisance).
- Health and safety. The Host must ensure that basic health and safety features are provided, including fire extinguishers, smoke detectors, and carbon monoxide detectors.
- Applicable State and local laws, regulations. Home-sharing must comply with all applicable laws, including all health, safety, building, fire protection, and rent control laws. Among other, you may refer to the Santa Monica Municipal Code and the California Building Code.
Data-sharing and privacy
misterb&b is required by law to save and share information with the city of Santa Monica. It includes, without limitation, listings addresses, Hosts’ names, length of stays and total price paid for each stay.
By using misterb&b, you consent to the collection, retention, use and disclosure of your information to the City (in accordance with all legal obligations and processes).