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Anaheim

Ordinance:

The moratorium for short term rentals, first adopted by the City Council on September 15, 2015 and subsequently extended on October 20, 2015, was in effect until May 3, 2016. On April 12, 2016, the City Council unanimously voted to extend the moratorium until May 3, 2017.

 

On June 29, 2016, the Anaheim City Council voted to ban the operation of short-term rentals in the city. There are currently 363 permitted short-term rental owners in the city and they will have 18 months to stop operating. City councilmembers and staff also said they would enhance its current regulations to deter anyone from violating the ban. Any short-term rental owner who is caught operating an un-permitted short-term rental would have their home’s power and water turned off by the city.

 

Staff also intends to prepare a separate, subsequent ordinance for Council consideration that would create a new type of STR permit allowing “home sharing” in residential neighborhoods. Staff will seek input from home sharing operators during ordinance preparation. Staff anticipates that the “home sharing” ordinance would be presented for Council consideration in August 2016.

 

On July 28, 2016, Airbnb filed a lawsuit against the City of Anaheim, claiming that the city’s recently passed short-term rental ordinance is violating the Communications Decency Act and the First Amendment. Airbnb‘s lawsuit was filed in the U.S. District Court in Santa Ana.

 

On August 22, Airbnb dropped its lawsuit against the City of Anaheim that would have imposed fines on the platform. Airbnb dropped the lawsuit after they were told by a city official that it wouldn’t be subject to enforcement of the rule. Additionally, the ordinance will not be applied to short-term rental platform HomeAway. The new short-term rental law, which passed July 12, 2016, and went into effect on August 11, 2016, bars short-term rentals and imposes fines on websites advertising the rentals of properties that don’t have a city permit. Properties that do have a permit have an 18-month grace period to phase out the rentals altogether.

City of Anaheim – Short-Term Rental Program

Lawsuits: 

08/12/2016: Anaheim Rental Alliance v. City of Anaheim (Complaint)

07/28/2016: Airbnb Inc. v. City of Anaheim (Complaint) (Docket)

Reports: 

06/29/2016: Short-Term Rental Staff Report – Planning and Building Department (City of Anaheim)

06/14/2016: Implications of Banning Existing Short-Term Rentals in Anaheim (Anaheim Rental Alliance)

04/12/2016: Short-Term Rental Staff Report – Planning and Building Department (City of Anaheim)

02/23/2016: Short-Term Rentals Best Practices Research (City of Anaheim)

10/20/2015: Short-Term Rental Staff Report – Planning and Building Department (City of Anaheim)

09/15/2015: Short-Term Rental Staff Report – Planning and Building Department (City of Anaheim)

05/06/2014: Short-Term Rental Program Staff Report (City of Anaheim)

News:

10/13/2016: Anaheim to explore home-sharing program (Orange County Register)

08/23/2016: Anaheim Isn’t Dropping Its Ban on Airbnb, But It Won’t Try to Fine Them Anymore (Skift)

08/23/2016: Anaheim plans to go forward with short-term rental restrictions (Southern California Public Radio)

08/22/2016: Anaheim won’t fine short-term rental companies for hosts’ violations (Los Angeles Times)

08/17/2016: Short-Term Rental Owners File Lawsuit Against Anaheim (Voice of OC)

08/05/2016: STRs strike back (Orange County Register)

08/01/2016: HomeAway joins AirBnb in suing Anaheim over short-term rental penalties (Orange County Register)

07/28/2016: Airbnb sues Anaheim over law that makes the rental site liable for hosts who violate city law (Los Angeles Times)

07/28/2016: Airbnb sues Anaheim over short-term rental ban (Orange County Register)

07/10/2016: Anaheim nixes Airbnb (Orange County Register)

06/29/2016: All short-term rentals banned in Anaheim by City Council (Orange County Register)

06/27/2016: Anaheim the latest O.C. city to decide the fate of short-term rentals (Orange County Register)

06/27/2016: Anaheim condo becomes tourist lodging without owner’s permission (Orange County Register)

06/08/2016: Princess rooms, splash pads turn Anaheim homes into Disneyland destination rentals (Orange County Register)

05/26/2016: Robbins: Stonewalling Continues on Anaheim Short-Term Rental Issue (Voice of OC)

05/18/2016: Short-Term Rental Opponents Ramping Up Pressure On Anaheim Council (Voice of OC)

04/02/2016: A defender of property rights now a foe of short-term rentals (Orange County Register)

02/23/2016: Anaheim Mayor Proposes Short-Term Rental Ban (Voice of OC)

02/23/2016: Anaheim refining rules for short term rentals (Orange County Register)

02/19/2016: Anaheim vacation rentals could see new limits, fee hikes (Orange County Register)

11/11/2015: A surge in short-term rentals means no R&R for some Anaheim residents (Los Angeles Times)

10/21/2015: Anaheim extends moratorium on short-term rentals, while Santa Ana lifts ban (Los Angeles Times)

10/21/2015: Resident Anger at Short-Term Rentals Has Reached Boiling Point in Anaheim (Voice of OC)

10/19/2015: Residents Want Moratorium Extended on Short-Term Rentals (NBC Los Angeles)

10/19/2015: Anaheim Short-Term Rentals Spark Concerns (ABC 7 News)

09/17/2015: Anaheim, Santa Ana Pass Moratoriums on Short-Term Rentals (Voice of OC)

09/16/2015: Moratorium placed on short-term rental applications in Anaheim (Orange County Register)

09/15/2015: Anaheim imposes moratorium on new short-term rentals (Los Angeles Times)

05/15/2014: Short-term rentals in Anaheim will see new rules (Orange County Register)

Resources: 

City of Anaheim Short-Term Rental Program

City of Anaheim Short-Term Rental Policy Fact Sheet

City of Anaheim – Home Sharing FAQ’s