Is a short-term rental legal in Santa Monica, CA?
Santa Monica permits home-sharing in a host’s primary residence, with the host living on site throughout the stay.
Chapter 6.20 applies within Santa Monica, not neighboring Los Angeles. A host must be a natural person who owns the home or qualifies as a long-term resident and uses it as a primary residence. A non-owner must document the preceding 12 months of residency and the right or intent to remain for the following 12 months. One person may host only one home-share. Occupancy, including the host, other eligible residents and visitors, cannot exceed the lesser of 10 persons, one person per 200 square feet, or two persons per bedroom excluding minor children. A universal visitor-only cap is not established, so max_guests is null. No more than two visitor groups may be booked for a date, with no more than two listings per platform or media outlet and two booked listings across outlets. Rentals longer than 30 consecutive days fall outside Chapter 6.20’s rental definitions, not all housing laws. The currently linked 2019 rules allow a host in either the main house or an ADU permitted before March 31, 2017. Later-permitted ADUs ordinarily require the host to live in the ADU itself; Section 6.20.110 adds a narrow exception for previously permitted home-shares subsequently denied renewal because of changed rules or an erroneously issued permit, with no outstanding unpermitted-work violation. Parcel eligibility and other applicable ADU restrictions remain unresolved.
Permits and requirements
The full picture
Santa Monica permits home-sharing in a host’s primary residence, with the host living on site throughout the stay. Unhosted vacation rentals of 30 consecutive days or less are prohibited; special accessory-dwelling-unit rules require separate review. Hosts need a City home-sharing permit and business license, qualifying liability coverage, and compliance with occupancy, vehicle and advertising limits. Home-share room rentals are subject to 17% transient occupancy tax unless exempt. Current permit and renewal fee totals remain unresolved.
Taxes on guests & hosts
| Tax | Rate | Applies to | Platform collects | Official source |
|---|---|---|---|---|
| Transient Occupancy Tax (Home-Share rate) | 17% of total room rental amount | 17% of home-share room-rental charges, including required lodging amenities and maid service under Chapter 6.68. A qualifying 31-consecutive-day stay can receive a refund of previously collected TOT; if already remitted, the collector must first refund the occupant and seek a credit or refund within one year of payment to the City. Specified federal, California and Santa Monica official-business stays require an exemption certificate at registration. Reports and remittances are due the first business day of the following month; payment becomes delinquent after that month’s last day. Keep tax records for four years under Section 6.68.080; the City tax webpage’s two-year instruction conflicts with this code requirement. Actual collection by a named platform is not confirmed. | Not verified | source |
Enforcement
What we could not verify (7)
- Current home-share permit/business-license initial and renewal totals are unresolved. The live city application page fetched 2026-09-06 no longer displays the prior $582.25 itemization; the 2019 Rules PDF lists $100 initial/$50 renewal, which may be superseded.
- The City-linked Administrative Citation Fine Schedule was fetched, but it is labeled FY 2025-26 and therefore does not establish the current FY 2026-27 schedule as of September 2026. It lists a $150 default first violation, specified home-sharing advertising fines, 200%/300% repeat multipliers, and late charges, but none are stated as current in the draft.
- Whether Santa Monica's Tourism Marketing District (TMD) per-room-night assessment (added on top of TOT, tiered by average daily rate) applies to home-shares or only to traditional hotels/motels was not conclusively confirmed from an official source; it has been left out of the taxes[] array pending that confirmation.
- Two Santa Monica press releases about the Airbnb/HomeAway litigation and a 2019 Airbnb settlement (santamonica.gov/press/...) could not be fetched — both live and Wayback-archived versions returned only the site's bot-wall interstitial rather than article content. The core legal facts they'd support were instead confirmed directly against the 9th Circuit's own opinion PDF, so this does not affect any claim in the main fields, but the settlement terms specifically (santamonica.gov/press/2019/12/10/settlement-with-airbnb-guarantees-compliance-with-home-sharing-ordinance) were not verified and are not referenced above.
- Named-platform TOT collection/remittance is not confirmed by the legal collection mandate alone. Confirm platform statements and direct-booking duties; tax records must be retained four years under current Chapter 6.68 despite the City webpage’s conflicting two-year instruction.
- Current statewide preemption, pending legislation and subsequent litigation are not comprehensively established. Property-specific ADU eligibility, rent-control, lease, HOA and CC&R restrictions need separate review.
- The application page appears to request prior 12-month residency proof from owners as well as non-owners; Chapter 6.20 and the linked rules distinguish owners from long-term residents. Confirm the current owner documentation policy. Current permit fees, recurring inspection requirements and tax delinquency interest rate remain unresolved.
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Sources
- City of Santa Monica — Housing Protection (home-sharing permitted; unhosted vacation rentals prohibited)
- Santa Monica Municipal Code, Chapter 6.20: Home-Sharing and Vacation Rentals (live code)
- City of Santa Monica Home-Sharing Ordinance Rules and Regulations (Revised November 21, 2019) — official PDF
- santamonica.gov — How to Apply for a Home-Share Business License
- santamonica.gov — Transient Occupancy Tax
- HomeAway.com, Inc.; Airbnb Inc. v. City of Santa Monica, Nos. 18-55367, 18-55805, 18-55806 (9th Cir., filed March 13, 2019) — official published opinion
- santamonica.gov — Santa Monica Home-Sharing Law Stands After Challenge by Airbnb, Inc. and HomeAway.com (press release; unreachable this session — bot-walled on direct fetch and via Wayback capture)
- Santa Monica Municipal Code, Chapter 6.68: Tax on Transients for Occupancy
- City of Santa Monica — Business License Associated Fees and Assessments
- City of Santa Monica — Transient Occupancy Tax Return and Tourism Marketing District Assessment
- City of Santa Monica — Administrative Citation Fine Schedule, FY 2025-26
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STRWatch publishes educational information about short-term rental regulation, checked against the official sources linked above as of the date shown. It is not legal advice, and rules change — a city can move between the times we check it. For decisions with money at stake, confirm with the authority linked above or a local attorney.