| 1 | 1 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2328Introduced by Assembly Member Flora(Coauthor: Senator Hurtado)February 16, 2022 An act to add Chapter 6.4 (commencing with Section 51043) to Part 1 of Division 1 of Title 5 of the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTAB 2328, as introduced, Flora. Local ordinances: home experience sharing. Existing law requires a hosting platform to provide an offer or listing a residence for short-term rental on the hosting platform with a specific notice relating to certain liability considerations and risks of listing the residence. Existing law defines hosting platform as a marketplace that is created for the primary purpose of facilitating the rental of a residential unit, as specified.This bill would prohibit a city or county from prohibiting or effectively prohibiting the use of property as a home experience sharing unit. The bill would define home experience sharing unit as a privately owned, noncommercial property or residential dwelling unit that is rented partially for a fee for a period of fewer than 18 continuous hours and that does not provide sleeping accommodations to transients. The bill would authorize a city or county to reasonably regulate home experience sharing units to protect the publics health and safety, as specified.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 6.4 (commencing with Section 51043) is added to Part 1 of Division 1 of Title 5 of the Government Code, to read: CHAPTER 6.4. Home Experience Sharing51043. (a) A city or county shall not prohibit or effectively prohibit the use of property as a home experience sharing unit.(b) A city or county may reasonably regulate home experience sharing units to protect the publics health and safety through generally applicable ordinances or other local regulations.(c) For purposes of this section:(1) Effectively prohibit means the city or county acts or fails to act in a manner that prevents a property owner from using the owners property as a home experiences sharing unit after reasonable compliance with generally applicable local laws.(2) Home experience sharing unit means a privately owned, noncommercial, property or residential dwelling unit that is rented partially for a fee for a period of fewer than 18 continuous hours and that does not provide sleeping accommodation to transients.(d) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2328Introduced by Assembly Member Flora(Coauthor: Senator Hurtado)February 16, 2022 An act to add Chapter 6.4 (commencing with Section 51043) to Part 1 of Division 1 of Title 5 of the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTAB 2328, as introduced, Flora. Local ordinances: home experience sharing. Existing law requires a hosting platform to provide an offer or listing a residence for short-term rental on the hosting platform with a specific notice relating to certain liability considerations and risks of listing the residence. Existing law defines hosting platform as a marketplace that is created for the primary purpose of facilitating the rental of a residential unit, as specified.This bill would prohibit a city or county from prohibiting or effectively prohibiting the use of property as a home experience sharing unit. The bill would define home experience sharing unit as a privately owned, noncommercial property or residential dwelling unit that is rented partially for a fee for a period of fewer than 18 continuous hours and that does not provide sleeping accommodations to transients. The bill would authorize a city or county to reasonably regulate home experience sharing units to protect the publics health and safety, as specified.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 13 | 13 | | No. 2328 |
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| 15 | 15 | | Introduced by Assembly Member Flora(Coauthor: Senator Hurtado)February 16, 2022 |
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| 17 | 17 | | Introduced by Assembly Member Flora(Coauthor: Senator Hurtado) |
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| 18 | 18 | | February 16, 2022 |
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| 20 | 20 | | An act to add Chapter 6.4 (commencing with Section 51043) to Part 1 of Division 1 of Title 5 of the Government Code, relating to local government. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 26 | 26 | | AB 2328, as introduced, Flora. Local ordinances: home experience sharing. |
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| 28 | 28 | | Existing law requires a hosting platform to provide an offer or listing a residence for short-term rental on the hosting platform with a specific notice relating to certain liability considerations and risks of listing the residence. Existing law defines hosting platform as a marketplace that is created for the primary purpose of facilitating the rental of a residential unit, as specified.This bill would prohibit a city or county from prohibiting or effectively prohibiting the use of property as a home experience sharing unit. The bill would define home experience sharing unit as a privately owned, noncommercial property or residential dwelling unit that is rented partially for a fee for a period of fewer than 18 continuous hours and that does not provide sleeping accommodations to transients. The bill would authorize a city or county to reasonably regulate home experience sharing units to protect the publics health and safety, as specified.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. |
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| 30 | 30 | | Existing law requires a hosting platform to provide an offer or listing a residence for short-term rental on the hosting platform with a specific notice relating to certain liability considerations and risks of listing the residence. Existing law defines hosting platform as a marketplace that is created for the primary purpose of facilitating the rental of a residential unit, as specified. |
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| 32 | 32 | | This bill would prohibit a city or county from prohibiting or effectively prohibiting the use of property as a home experience sharing unit. The bill would define home experience sharing unit as a privately owned, noncommercial property or residential dwelling unit that is rented partially for a fee for a period of fewer than 18 continuous hours and that does not provide sleeping accommodations to transients. The bill would authorize a city or county to reasonably regulate home experience sharing units to protect the publics health and safety, as specified. |
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| 34 | 34 | | The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. |
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| 35 | 35 | | |
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| 36 | 36 | | ## Digest Key |
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| 38 | 38 | | ## Bill Text |
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| 40 | 40 | | The people of the State of California do enact as follows:SECTION 1. Chapter 6.4 (commencing with Section 51043) is added to Part 1 of Division 1 of Title 5 of the Government Code, to read: CHAPTER 6.4. Home Experience Sharing51043. (a) A city or county shall not prohibit or effectively prohibit the use of property as a home experience sharing unit.(b) A city or county may reasonably regulate home experience sharing units to protect the publics health and safety through generally applicable ordinances or other local regulations.(c) For purposes of this section:(1) Effectively prohibit means the city or county acts or fails to act in a manner that prevents a property owner from using the owners property as a home experiences sharing unit after reasonable compliance with generally applicable local laws.(2) Home experience sharing unit means a privately owned, noncommercial, property or residential dwelling unit that is rented partially for a fee for a period of fewer than 18 continuous hours and that does not provide sleeping accommodation to transients.(d) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities. |
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| 42 | 42 | | The people of the State of California do enact as follows: |
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| 44 | 44 | | ## The people of the State of California do enact as follows: |
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| 46 | 46 | | SECTION 1. Chapter 6.4 (commencing with Section 51043) is added to Part 1 of Division 1 of Title 5 of the Government Code, to read: CHAPTER 6.4. Home Experience Sharing51043. (a) A city or county shall not prohibit or effectively prohibit the use of property as a home experience sharing unit.(b) A city or county may reasonably regulate home experience sharing units to protect the publics health and safety through generally applicable ordinances or other local regulations.(c) For purposes of this section:(1) Effectively prohibit means the city or county acts or fails to act in a manner that prevents a property owner from using the owners property as a home experiences sharing unit after reasonable compliance with generally applicable local laws.(2) Home experience sharing unit means a privately owned, noncommercial, property or residential dwelling unit that is rented partially for a fee for a period of fewer than 18 continuous hours and that does not provide sleeping accommodation to transients.(d) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities. |
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| 48 | 48 | | SECTION 1. Chapter 6.4 (commencing with Section 51043) is added to Part 1 of Division 1 of Title 5 of the Government Code, to read: |
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| 50 | 50 | | ### SECTION 1. |
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| 52 | 52 | | CHAPTER 6.4. Home Experience Sharing51043. (a) A city or county shall not prohibit or effectively prohibit the use of property as a home experience sharing unit.(b) A city or county may reasonably regulate home experience sharing units to protect the publics health and safety through generally applicable ordinances or other local regulations.(c) For purposes of this section:(1) Effectively prohibit means the city or county acts or fails to act in a manner that prevents a property owner from using the owners property as a home experiences sharing unit after reasonable compliance with generally applicable local laws.(2) Home experience sharing unit means a privately owned, noncommercial, property or residential dwelling unit that is rented partially for a fee for a period of fewer than 18 continuous hours and that does not provide sleeping accommodation to transients.(d) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities. |
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| 54 | 54 | | CHAPTER 6.4. Home Experience Sharing51043. (a) A city or county shall not prohibit or effectively prohibit the use of property as a home experience sharing unit.(b) A city or county may reasonably regulate home experience sharing units to protect the publics health and safety through generally applicable ordinances or other local regulations.(c) For purposes of this section:(1) Effectively prohibit means the city or county acts or fails to act in a manner that prevents a property owner from using the owners property as a home experiences sharing unit after reasonable compliance with generally applicable local laws.(2) Home experience sharing unit means a privately owned, noncommercial, property or residential dwelling unit that is rented partially for a fee for a period of fewer than 18 continuous hours and that does not provide sleeping accommodation to transients.(d) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities. |
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| 56 | 56 | | CHAPTER 6.4. Home Experience Sharing |
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| 58 | 58 | | CHAPTER 6.4. Home Experience Sharing |
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| 60 | 60 | | 51043. (a) A city or county shall not prohibit or effectively prohibit the use of property as a home experience sharing unit.(b) A city or county may reasonably regulate home experience sharing units to protect the publics health and safety through generally applicable ordinances or other local regulations.(c) For purposes of this section:(1) Effectively prohibit means the city or county acts or fails to act in a manner that prevents a property owner from using the owners property as a home experiences sharing unit after reasonable compliance with generally applicable local laws.(2) Home experience sharing unit means a privately owned, noncommercial, property or residential dwelling unit that is rented partially for a fee for a period of fewer than 18 continuous hours and that does not provide sleeping accommodation to transients.(d) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities. |
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| 64 | 64 | | 51043. (a) A city or county shall not prohibit or effectively prohibit the use of property as a home experience sharing unit. |
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| 66 | 66 | | (b) A city or county may reasonably regulate home experience sharing units to protect the publics health and safety through generally applicable ordinances or other local regulations. |
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| 68 | 68 | | (c) For purposes of this section: |
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| 70 | 70 | | (1) Effectively prohibit means the city or county acts or fails to act in a manner that prevents a property owner from using the owners property as a home experiences sharing unit after reasonable compliance with generally applicable local laws. |
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| 72 | 72 | | (2) Home experience sharing unit means a privately owned, noncommercial, property or residential dwelling unit that is rented partially for a fee for a period of fewer than 18 continuous hours and that does not provide sleeping accommodation to transients. |
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| 74 | 74 | | (d) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities. |
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