Can cities ban short-term rentals in California?

What the Law Says

State law sets boundaries on how local governments and homeowners associations (HOAs) may regulate short-term rentals (STRs) in California. While cities retain broad police power to zone and restrict land use, AB 3182 places key limits on bans — especially those imposed by HOAs — and defines what qualifies as a short-term rental.

Under AB 3182 (Civil Code § 4741), a short-term rental is defined as 'a lease or rental agreement for a period of less than 30 days.' Cities may regulate or prohibit STRs through zoning, health, safety, or nuisance ordinances — but they cannot override AB 3182’s protections for certain owner-occupied units.

AB 3182 prohibits HOAs from banning short-term rentals outright — unless the HOA amends its governing documents with a 75% member vote and provides 14 days’ notice. However, this restriction does not apply to cities: municipalities retain authority to ban STRs entirely, provided the ban is enacted through proper legislative process and does not conflict with state law or constitutional rights.

Importantly, AB 3182 explicitly protects owner-occupied units: 'Nothing in this section shall be construed to prohibit an owner from renting out a portion of their residence while the owner resides there.' This means cities cannot ban STRs in homes where the owner lives on-site and rents a room or unit.

Statutory Text

a lease or rental agreement for a period of less than 30 days

— Civil Code § 4741(c) — Definition of short-term residential rental

Statutory Text

Nothing in this section shall be construed to prohibit an owner from renting out a portion of their residence while the owner resides there

— Civil Code § 4741(d) — Exemption for owner-occupied units

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