9th Circ. Upholds Santa Monica Anti-Airbnb Ordinance

Law360 (October 3, 2019, 10:26 PM EDT) -- The city of Santa Monica can continue to enforce a ban on short-term property rentals that’s aimed at companies like Airbnb and HomeAway, a unanimous Ninth Circuit panel ruled on Thursday, saying the California city’s ordinance doesn’t violate the Constitution’s commerce clause.

The opinion, authored by U.S. Circuit Judge Jacqueline H. Nguyen, swept aside the arguments made by Santa Monica resident Arlene Rosenblatt in her case against the 2015 Santa Monica ordinance, which bans leasing an entire residential property on a short-term basis but allows home-sharing rentals of a private room while the host is present in the home.

The three-judge...

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