Assembly Bill 1497, introduced by Assemblymember Holden, amends Section 12927 of the Government Code, specifically targeting the treatment of transactions facilitated by hosting platforms in the California Fair Employment and Housing Act (FEHA). The bill extends the definition of 'housing accommodation' to include any building or structure intended for occupancy that is listed or rented through a hosting platform. This amendment reflects a growing concern about fair housing practices as short-term rentals become increasingly common across the state.
The primary intent of AB 1497 is to solidify protections against discrimination related to housing accommodations, by recognizing that properties listed on hosting platforms also fall under the purview of FEHA. This change aims to ensure that individuals seeking accommodation via these platforms are afforded the same protections against discrimination based on race, color, religion, sex, marital status, national origin, ancestry, familial status, or disability as those renting traditional housing.
While the bill received overwhelming support in the legislature, with a voting record of 79 to 0 during its final approval, it is not without points of contention. Critics have expressed concerns that the bill may inadvertently impact the local regulation of short-term rentals, possibly leading to ambiguity regarding how these rentals should be classified and regulated at the local level. However, the authors of the bill assert that it maintains local governments' authority to regulate short-term rental activities and does not imply that such rentals should be considered permanent housing.
In conclusion, AB 1497 represents a legislative effort to bridge gaps in existing laws concerning housing discrimination while accommodating the proliferation of digital platforms for short-term rentals. By ensuring that individuals renting through these platforms are protected from discrimination, California aims to create a more equitable housing market, albeit with ongoing discussions about the implications for local control and regulation.