The City of West Hollywood held a public hearing on Wednesday to discuss an ordinance aimed at enhancing the enforcement authority for unlawful vacation short-term rentals. The proposed amendments to Title 19 of the West Hollywood Municipal Code seek to address the growing concerns surrounding short-term rentals and their impact on the community. The public hearing, marked as item 3i, was opened with the acknowledgment of compliance with legal notice requirements.
Vyto Adomaitis, the city’s Neighborhood and Business Safety Manager, presented the staff report alongside Danny Rivas, Director of Community Safety, and Lauren Langer, City Attorney. They were accompanied by staff members from the Planning and Development Services Department and Rent Stabilization Division. The proposed ordinance is a result of a City Council directive earlier this year to explore measures for enhancing enforcement against short-term rentals.
The amendments, consistent with prior Council direction, include expanding the definition of prohibited advertisements to cover false advertising by individuals located outside the city, imposing liability on hosting platforms for booking transactions within the city, and clarifying enforcement options and penalties. The proposed changes also establish that violators of the West Hollywood Municipal Code are responsible for reimbursing the city and law enforcement agencies for investigative costs and require retroactive payment of Transient Occupancy Taxes (TOT) to the city. Furthermore, the ordinance creates a private right of action for individuals to sue hosts who violate the city’s ordinance and authorizes administrative subpoenas to ensure compliance.
During the presentation, Adomaitis highlighted the second amendment, which imposes liability on hosting platforms for processing booking transactions and accepting fees associated with unlawful vacation rentals. The city believes this approach is legally permissible, considering the protections afforded to hosting platforms under the Federal Communications Decency Act. However, it does not hold them liable for the posting or advertising of unlawful rentals.
To illustrate the potential fines, Adomaitis provided an example of a short-term rental listed at $300 per night for a minimum of three nights. Under the city’s fine schedule, the first offense would amount to 400% of the advertised rate, resulting in a fine of $3,675. The fines increase for subsequent offenses, with the third offense incurring a penalty of $7,275. The cumulative fines after the third offense total $16,425, aiming to emphasize the city’s commitment to compliance.
During the councilmembers’ questioning, Mayor Pro Tem John Erickson raised concerns about the time it takes to collect fines. Adomaitis explained the process, which involves issuing a citation, providing notice to the responsible party, and allowing them 22 days to make payment or contest the citation. Failure to comply incurs a 50% penalty fee, increasing to 100% after 55 days. If payment is still not received, the citation is sent to a debt collection agency, and additional legal remedies may be pursued.
The issue of fining individuals versus landlords was also discussed. Adomaitis explained that initial notices of violation are sent to landlords, triggering communication. If the tenant’s information is provided, they can also be held responsible. Fines for landlords are higher since they are not renting out their units but using them for short-term rentals.
Councilmember John Heilman raised a concern regarding the language in a specific section of the ordinance, suggesting a change to clarify the intent. City Attorney Langer supported the proposed alteration, stating that the concept is to link the booking transaction and fee collection as part of the same illegal activity.
Rivas spoke about how the West Hollywood has collaborated with the City of Los Angeles on short-term rental compliance. While Los Angeles focuses on communication with hosting platforms and removing problematic listings, they do not impose fines or penalties.
Councilmember Lauren Meister spoke about vacation home rental ads not mentioning the one-year lease on apartments and suggested that the city should re-examine the minimum rental requirement on single family homes and condos.
Erickson supported for the proposed ordinance.”We need to hold these platforms more accountable and have transparency in our enforcement efforts,” Erickson said.
Mayor Sepi Shyne expressed appreciation for the comments made during the hearing and encouraged residents to continue reporting violations. The city will work on forwarding information to Code Enforcement and explore adjustments to effectively address the issue.
“It’s crucial to keep reporting any violations and be the eyes in our community,” Shyne said. “We will continue to forward information to Code Enforcement. We need to evaluate our tools and resources and make necessary adjustments to address this issue effectively. ”
The proposed ordinance amendments will now undergo further consideration and potential revisions before any final decisions are made.
There was a bit of a disconnect during the City Council discussions about this issue. Mayor Pro Tem Erickson was talking about how quickly we could collect the fines which is something of a bad joke given the lack of enforcement to date. There were four or five community members that spoke on this issue and when the Council finally approved it there was silence in the Council Chambers; no one applauded as there is great skepticism that resources will actually be implemented any time soon or that we will see any immediate results. This ordinance is progress but Staff… Read more »
Let’s give Danny Rivas, Director of Community Safety a test on shutting down gas powered leaf blowers within 3 or 6 months. The ordinance has been on the books for years with no perceivable metric. His department is currently tasked with control of Air BNB and delivering demands for violations. Should we hold our breath or send his resume in to another city? His training wheels were presumably perfected in Code Compliance so what happened? He was promoted.