by Christina Sandefur
September 12, 2018
Cities across California are rushing to regulate—or even ban—people from renting out their homes to overnight guests for short amounts of time. But a powerful state agency is pushing back against this rampant local overreach.
The California Coastal Commission regulates development in the state’s coastal zone for the purposes of protecting the coastline, maximizing public access, and balancing utilization and conservation of resources. Local governments must submit a “local coastal plan,” including any changes to government-imposed land use restrictions and zoning ordinances, to the Commission for certification before those changes can become effective. The Commission isn’t always friendly toward property rights, but even it recognizes that home-sharing plays an important role in providing affordable access to the California coast – providing travelers with alternatives to pricey hotels, while reducing the need for new development and public facilities.
Thus, the Commission has declared that bans on home-sharing are inconsistent with the Coastal Act. The Coastal Commission has supported limiting the number of vacation rentals when necessary, but it has also implored cities to adopt only “reasonable and balanced regulations that can be tailored to address the specific issues” of the community, rather than overregulating or banning the practice outright. Indeed, many of the home-sharing regulations the Commission has approved in the past focus on abating disturbances through nuisance restrictions, parking requirements, occupancy limitations, and mandatory emergency contacts, or mechanisms for tax collection, instead of one-size-fits-all prohibitions.
But rather than making efforts to regulate more fairly and reasonably, cities are balking at being second-guessed by the Commission:
Local officials’ zeal for treating responsible citizens like outlaws illustrates the need for state-level engagement to protect the property rights of home-sharers, rather than deferring to cities to regulate as they see fit. Cities have immense authority over private property use, and that concentrated, local power is highly susceptible to regulatory capture from special interest groups, which often results in excessive and corrupt regulations. When city regulations stifle property rights, states have the power—indeed, they have the duty—to take action to safeguard people’s rights.
In California, the Coastal Commission is playing that role. For other states, the Goldwater Institute crafted model state legislation that allows cities to enforce nuisance rules that protect quiet, clean, and safe neighborhoods, but prohibits them from imposing one-size-fits-all bans on home-sharing that cause more problems than they solve. Arizona’s version, which has been on the books for two years, protected Glenn Odegard’s right to share his historic home with visitors and made it financially possible for him to rescue and restore the home in the first place. Other states, like Tennessee and Indiana, have followed suit. We’re encouraging states coast-to-coast to stand up for property rights and fight back against local control (or “out of” control, as the case may be).
Christina Sandefur is the executive vice president of the Goldwater Institute.
Sign up for the latest news, event updates, and more.
Help all Americans live freer, happier lives. Join the Goldwater Institute as we defend and strengthen freedom in all 50 states.
Donate NowSince 1988, the Goldwater Institute has been in the liberty business — defending and promoting freedom, and achieving more than 400 victories in all 50 states. Donate today to help support our mission.
Our attorneys defend individual rights and protect those who cannot protect themselves.
Need Help? Submit a case.