Are Airbnb hosts subject to short-term rental regulations?

What the Law Says

California does not have a single statewide short-term rental (STR) law, but it sets important guardrails through statutes like AB 3182 and local authority frameworks. Cities and counties retain primary regulatory power — meaning Airbnb hosts must comply with their specific jurisdiction’s rules, which commonly include registration, tax collection, owner-occupancy requirements, and limits on rental duration.

AB 3182 (2020) prohibits most homeowners’ associations (HOAs) from banning short-term rentals outright, but it explicitly preserves local government authority to regulate STRs. This means cities can still impose reasonable restrictions — such as requiring permits, limiting rental days, or mandating safety inspections.

Many California jurisdictions define a short-term rental as any dwelling rented for less than 30 consecutive days. Hosts must typically collect and remit Transient Occupancy Tax (TOT), which ranges from 8.5% to over 14%, depending on location. For example, San Francisco and Los Angeles require STR hosts to register with the city and maintain a valid permit.

Some cities impose an 'owner-occupancy' requirement — meaning the host must live on-site for a minimum portion of the year (e.g., at least 120 days annually in Los Angeles). Others cap total rental days per year (e.g., 120 days in Santa Monica).

Statutory Text

Nothing in this section shall be construed to limit the authority of a local government to regulate short-term residential rentals.

— Cal. Civ. Code § 4741(c) — AB 3182, s. 2

Statutory Text

A local government may adopt ordinances regulating short-term residential rentals… including requirements for registration, fees, safety standards, and limitations on the number of days per year a unit may be used for short-term residential rentals.

— Cal. Civ. Code § 4741(a) — AB 3182, s. 2

What to Do

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