Post by High Priestess on Sept 21, 2015 0:35:51 GMT
Deborah4 months ago
Comparative regulations in some other California cities
If any of you would like to compare the new proposed Berkeley regulations on short term rentals, to those in other cities, here are some links for you.
First, the link to the proposed Berkeley regulations
bit.ly/1FGQmbo
San Jose short term rental law documents
www.sanjoseca.gov/DocumentCenter/View/39150
Napa rules on STR’s
www.cacities.org/Resources-Documents/Policy-Advocacy-Section/Hot-Issues/vacation-rentals/City-Ordinances/Napa
San Luis Obispo STR rules
www.cacities.org/Resources-Documents/Policy-Advocacy-Section/Hot-Issues/vacation-rentals/City-Ordinances/San-Luis-Obispo
South Lake Tahoe STRS’
www.cacities.org/Resources-Documents/Policy-Advocacy-Section/Hot-Issues/vacation-rentals/City-Ordinances/South-Lake-Tahoe
San Francisco STR rules
www.cacities.org/Resources-Documents/Policy-Advocacy-Section/Hot-Issues/vacation-rentals/City-Ordinances/San-Francisco
Sebastapol STR guidelines
www.cacities.org/getattachment/Policy-Advocacy/Hot-Issues/Vacation-Rentals/Sebastopol-Home-Stay-Guidelines.pdf.aspx
Santa Monica ordinance
www.smgov.net/Departments/PCD/Permits/Short-Term-Rental-Home-Share-Ordinance/
and
bit.ly/1eodVLH
(latter link is the whole ordinance)
CA cities ordinances page
www.cacities.org/Policy-Advocacy/Hot-Issues/Vacation-Rentals
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Jordie
Jordie4 months ago
Thanks for posting Deborah! Note that these are the just the cities that have made steps towards regulating STRs...
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Danielle
Danielle4 months ago
I get notices from AirBnb about Oakland's STR legislation - but does it apply to home sharing? I can't tell. Anyone here have an Oakland business tax license and registration for their Airbnb space?
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Jordie
Jordie4 months ago
You got notices? What sort? It applies to home sharing, yes, but not perfectly...we need to update the laws, which is why we are organizing! Most hosts do NOT have a biz license w/the City but it is likely that any new laws that go into effect will necessitate that.
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Danielle
Danielle4 months ago
This is what Airbnb has to say about Oakland:
Oakland, CA
OAKLAND
"When deciding whether to become an Airbnb host, it's important for you to understand the laws in your city. As a platform and marketplace we do not provide legal advice, but we want to provide some useful links that may help you better understand laws and regulations in Oakland. This list is not exhaustive, but it should give you a good start in understanding your local laws. If you have questions, contact the Zoning Office or other city agencies directly, or consult a local lawyer or tax professional.
Planning Code. The Oakland Planning Code regulates uses in Oakland neighborhoods. You should consult the Planning Code to see if your listing implicates any zoning requirements or use definitions. Important terms include "permanent residential activities," "accessory activities," "semi-transient residential activities," "bed and breakfast residential activities," and "transient habitation commercial activities." The code also regulates converting some dwelling units to a different use.
Rent Control. Oakland has a complicated rent control program. If you live in or own a rent-controlled property, you should review Oakland's rent control rules and regulations carefully. More information is available here.
Business Registration. All residential rental properties in the City need to apply for and obtain a business tax certificate. Some hosts may also need to obtain a business permit.
New Rental Registration. Oakland requires new residential rental properties to register with the City. You should consult this process to see if it applies to your listing.
Transient Occupancy Tax. Oakland assesses transient occupancy tax on hotels, motels, and other short-term rentals. A “short-term rental” is defined as a guest stay of 30 days or less. More information about the transient lodging tax is available at the City's FAQ page.
Other Rules. It's also important to understand and abide by other contracts or rules that bind you, such as leases, condo board or co-op rules, HOA rules, or rules established by tenant organizations. Please read your lease agreement and check with your landlord if applicable.
We are committed to working with local officials to help them understand how Airbnb benefits our community. Where needed, we will continue to advocate for changes that will allow regular people to rent out their own homes.
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Jordie
Jordie4 months ago
Basically we are going to have to help our local government create fair and equitable laws to deal with us. The current laws were not written with us in mind and thus do not fit our scenarios very well, if at all. Berkeley is slightly ahead of Oakland and we are scrambling to prepare for a City Council meeting there tomorrow on this very issue.
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Susie
Susie2 months ago
Fascinating that the Oakland website says pretty much nothing about short term rentals and Airbnb. I finally printed out a business application but it says DO NOT USE THIS FORM FOR RENTALS. Yet have searched high and low and cannot find any other form or information about rentals. That Airbnb link doesn't go to any helpful resources either...it was the same stuff that doesn't talk about STRs. Just left them a voicemail.
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Jordie
Jordie2 months ago
That's bc the laws haven't caught up w the practices yet. That's also why we are all so surprised that they are collecting tot without the laws in place...though it is two different departments (tax assessor office versus land use) so I guess there's no reason not to get the $ while waiting for the legal stuff to catch up
Reply Like Delete
Comparative regulations in some other California cities
If any of you would like to compare the new proposed Berkeley regulations on short term rentals, to those in other cities, here are some links for you.
First, the link to the proposed Berkeley regulations
bit.ly/1FGQmbo
San Jose short term rental law documents
www.sanjoseca.gov/DocumentCenter/View/39150
Napa rules on STR’s
www.cacities.org/Resources-Documents/Policy-Advocacy-Section/Hot-Issues/vacation-rentals/City-Ordinances/Napa
San Luis Obispo STR rules
www.cacities.org/Resources-Documents/Policy-Advocacy-Section/Hot-Issues/vacation-rentals/City-Ordinances/San-Luis-Obispo
South Lake Tahoe STRS’
www.cacities.org/Resources-Documents/Policy-Advocacy-Section/Hot-Issues/vacation-rentals/City-Ordinances/South-Lake-Tahoe
San Francisco STR rules
www.cacities.org/Resources-Documents/Policy-Advocacy-Section/Hot-Issues/vacation-rentals/City-Ordinances/San-Francisco
Sebastapol STR guidelines
www.cacities.org/getattachment/Policy-Advocacy/Hot-Issues/Vacation-Rentals/Sebastopol-Home-Stay-Guidelines.pdf.aspx
Santa Monica ordinance
www.smgov.net/Departments/PCD/Permits/Short-Term-Rental-Home-Share-Ordinance/
and
bit.ly/1eodVLH
(latter link is the whole ordinance)
CA cities ordinances page
www.cacities.org/Policy-Advocacy/Hot-Issues/Vacation-Rentals
7 comments•2 likes
Following
Like
Stephen
Eugene
Edit
Delete
Jordie
Jordie4 months ago
Thanks for posting Deborah! Note that these are the just the cities that have made steps towards regulating STRs...
Reply Like Delete
Danielle
Danielle4 months ago
I get notices from AirBnb about Oakland's STR legislation - but does it apply to home sharing? I can't tell. Anyone here have an Oakland business tax license and registration for their Airbnb space?
Reply Like Delete
Jordie
Jordie4 months ago
You got notices? What sort? It applies to home sharing, yes, but not perfectly...we need to update the laws, which is why we are organizing! Most hosts do NOT have a biz license w/the City but it is likely that any new laws that go into effect will necessitate that.
Reply Like Delete
Danielle
Danielle4 months ago
This is what Airbnb has to say about Oakland:
Oakland, CA
OAKLAND
"When deciding whether to become an Airbnb host, it's important for you to understand the laws in your city. As a platform and marketplace we do not provide legal advice, but we want to provide some useful links that may help you better understand laws and regulations in Oakland. This list is not exhaustive, but it should give you a good start in understanding your local laws. If you have questions, contact the Zoning Office or other city agencies directly, or consult a local lawyer or tax professional.
Planning Code. The Oakland Planning Code regulates uses in Oakland neighborhoods. You should consult the Planning Code to see if your listing implicates any zoning requirements or use definitions. Important terms include "permanent residential activities," "accessory activities," "semi-transient residential activities," "bed and breakfast residential activities," and "transient habitation commercial activities." The code also regulates converting some dwelling units to a different use.
Rent Control. Oakland has a complicated rent control program. If you live in or own a rent-controlled property, you should review Oakland's rent control rules and regulations carefully. More information is available here.
Business Registration. All residential rental properties in the City need to apply for and obtain a business tax certificate. Some hosts may also need to obtain a business permit.
New Rental Registration. Oakland requires new residential rental properties to register with the City. You should consult this process to see if it applies to your listing.
Transient Occupancy Tax. Oakland assesses transient occupancy tax on hotels, motels, and other short-term rentals. A “short-term rental” is defined as a guest stay of 30 days or less. More information about the transient lodging tax is available at the City's FAQ page.
Other Rules. It's also important to understand and abide by other contracts or rules that bind you, such as leases, condo board or co-op rules, HOA rules, or rules established by tenant organizations. Please read your lease agreement and check with your landlord if applicable.
We are committed to working with local officials to help them understand how Airbnb benefits our community. Where needed, we will continue to advocate for changes that will allow regular people to rent out their own homes.
Reply Like Delete
Jordie
Jordie4 months ago
Basically we are going to have to help our local government create fair and equitable laws to deal with us. The current laws were not written with us in mind and thus do not fit our scenarios very well, if at all. Berkeley is slightly ahead of Oakland and we are scrambling to prepare for a City Council meeting there tomorrow on this very issue.
Reply Like Delete
Susie
Susie2 months ago
Fascinating that the Oakland website says pretty much nothing about short term rentals and Airbnb. I finally printed out a business application but it says DO NOT USE THIS FORM FOR RENTALS. Yet have searched high and low and cannot find any other form or information about rentals. That Airbnb link doesn't go to any helpful resources either...it was the same stuff that doesn't talk about STRs. Just left them a voicemail.
Reply Like Delete
Jordie
Jordie2 months ago
That's bc the laws haven't caught up w the practices yet. That's also why we are all so surprised that they are collecting tot without the laws in place...though it is two different departments (tax assessor office versus land use) so I guess there's no reason not to get the $ while waiting for the legal stuff to catch up
Reply Like Delete