Short Term Rentals (LANCC)

Short Term Rentals (LANCC)

Proposed by Terrence Gomes (LAANC) on February 17, 2016
Proposed for future WRAC consideration

Passed by

  • Brentwood Community Council
  • Neighborhood Council of Westchester/Playa
  • Venice Neighborhood Council
  • Westwood Neighborhood Council

Motion

Whereas, it is now clear that short term rentals are illegal in Los Angeles’ residential neighborhoods, and Whereas the City Attorney has consistently refused to prosecute short-term rental violations in the City of Los Angeles, for a variety of reasons,

Now, therefore, be it resolved, that WRAC urge City Attorney Mike Feuer to enforce the law as required by the Charter, and immediately prosecute short-term rental zoning violations in the City of Los Angeles.

WRAC demands that if after 60 days of this notice, Mr. Feurer does not start enforcement, City Council take action to hire a private law firm to start enforcement procedures and reallocate the City Attorney’s budget to pay for those services.

ALL Short-Term Rentals (“Airbnb” is commonly known terminology) are illegal in Residential Zones in the City of Los Angeles. L.A.M.C section 12.21(A) (1) (a). A short-term rental is a rental that lasts fewer than 30 days. It is illegal to “AirBnB”(short-term rent) any portion of an apartment or house, regardless of whether you are a tenant or a landlord. This would include hotbeds like Silver Lake and Venice, which are mostly zoned low-density residential.

If you are tenant in a residential zone, it is irrelevant whether you have a written agreement with your landlord permitting you to do AirBnB. The agreement is considered illegal and unenforceable and the landlord can still evict you if he so chooses, at any time. You can also be prosecuted regardless of landlord permission. It is a misdemeanor punishable by up to 6 months imprisonment. LAMC Section 11(m).

If you are a rent-controlled tenant in a residential zone, Airbnb-ing your apartment is grounds for eviction, because rent-controlled tenants are not permitted to use their apartments for an “illegal purpose”

L.A.M.C 151.09(A) (4)

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