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.
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
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 2328
Introduced by Assembly Member Flora(Coauthor: Senator Hurtado)February 16, 2022
Introduced 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 DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 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.
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
## Bill Text
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.
The people of the State of California do enact as follows:
## 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.
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:
### SECTION 1.
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.
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.
CHAPTER 6.4. Home Experience Sharing
CHAPTER 6.4. Home Experience Sharing
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.
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.