By Robin Urevich, Capital & Main
In the midst of an ongoing housing emergency, the city of Los Angeles has struggled to keep rent-controlled housing, which includes some of the city’s most affordable dwelling units, from turning into short-term rentals. Even though a 2018 law prohibits such conversions, enforcement has been lax.
“Except in a handful of cases, we’re not actually doing that enforcement work in a meaningful way,” said Los Angeles City Councilmember Nithya Raman, who chairs the council’s Housing and Homelessness Committee and is working on recommendations to tighten enforcement.
For locals who want to keep their neighborhoods residential or visitors who want to avoid inadvertently booking a unit that skirts local law, navigating the Wild West that is LA’s vacation-rental market can be a challenge. This story covers some signs to watch out for and offers a quick two-step guide you can use to make sure your potential home share — or your neighbor’s — isn’t an illegally converted rent-controlled apartment.
Legally, LA hosts can offer only their own “primary residences” for short stays, and only if those dwellings are not covered by the city’s rent-control law. (Some 660,000 housing units in LA are rent controlled, meaning annual rent increases are capped — usually at about 4% for existing tenants.)
Hiding in Plain Sight
In July, a Capital & Main and ProPublica investigation found that at least 63 rent-controlled buildings that were advertised on booking sites last spring were in apparent violation of the city’s Home-Sharing Ordinance.
The listings hide in plain sight on vacation platforms like Booking.com and Hotels.com, making it hard to distinguish legitimate rentals from those that operate illegally.
The news organizations found at least 15 rent-controlled buildings — including Banana Bungalow and Redline Venice — that used outdoor signs or online ads to brand themselves as hotels or hostels. According to city law, their rent-controlled status would make them ineligible for use as vacation rentals.
The owners of the 34-unit Banana Bungalow and the four-room Redline Venice didn’t return phone calls. Mark Wurm, the owner of the Venice Beach Hostel, said, “They have it wrong,” referring to the city’s classification of his building as rent controlled. Wurm said the building had long been used as a hotel.
Traditional home shares that don’t purport to be hotels, like those listed on Airbnb or other vacation platforms, also sometimes skirt the law.
One Renter’s Eye-Opening Experience
In May, Rhys Atkinson-Whipps, an Australian transplant, told Capital & Main that he entered LA’s short-term rental market when his apartment underwent major repairs. He said he booked several rentals for weeklong or shorter stays because he expected the repairs to be completed sooner than they were. Atkinson-Whipps, who works at a Hollywood shelter for homeless youth, said he found that the home shares he booked were not always what they seemed.
One listing promised an apartment in Hollywood. But after booking it, Atkinson-Whipps said, he learned it was in Koreatown — miles from where the listing said it was. He thought the bait and switch was sketchy. “You book one place and you turn up somewhere else,” Atkinson-Whipps said. “It’s like you have no power at all.” The listing has since been taken down, he said.
Sometimes listings display more desirable neighborhoods than their actual locations, with the correct details revealed only after booking. In other cases, properties are listed in neighboring cities to evade LA’s home-sharing rules, according to a report by Better Neighbors LA, a nonprofit watchdog group that monitors short-term rentals.
Atkinson-Whipps said he also rented a Hollywood apartment that Airbnb listed as a “cute studio.” It turned out to be part of a 14-unit building listed in the Housing Department’s database as rent controlled, which would make it off-limits for short-term rentals.
The owner of the building, which is on Harold Way in Hollywood, is listed as DND ES Properties. A man who identified himself as Edward Dratver, a manager of the company, denied that any of its units are listed on Airbnb. “No,” he said. “Something’s wrong. Some mistake,” Dratver said before quickly ending the call.
However, the apartment was advertised on the site in August despite Airbnb’s 2019 agreement with the city that it would remove illegal listings.
The number of Airbnb listings that aren’t registered with the city for home sharing is on the rise, up from 277 in August 2023 to more than 900 currently, according to Better Neighbors LA. The group cited its analysis of data from Inside Airbnb, a research and advocacy organization that is critical of Airbnb. A planning department report to the City Council noted that as of February, 58% of all the short-term rental listings in the city didn’t comply with city law. These buildings have typically received warning letters from the city planning department.
Airbnb declined to provide a response for this story.
Some Listings Include Fake Credentials
Hotels.com and Booking.com also feature a number of rent-controlled properties that appear to be ineligible for home sharing. But Capital & Main found that Booking.com — the third-largest vacation rental platform in the city — includes listings that say the properties are legally registered with the city for home sharing when they’re not.
Several Booking.com listings include nonexistent, expired or completely fabricated home-sharing registration numbers. Others include a “fine print” section in which hosts wrongly claim that a home-sharing registration isn’t required for their properties.
A unit advertised on Booking.com as the “Savana Spectacular Loft” — an apartment in a rent-controlled building — appeared to have city permission to operate because the listing included three home-sharing registration numbers. But none of the registration numbers exist, according to the LA planning department’s home-sharing lookup tool. In fact, listing multiple registration numbers is likely an indication that something is amiss, because the city issues only one home-sharing registration per property owner.
At Realty Center Management Inc., which manages the building, a representative said the company would not comment.
Booking.com did not respond to an email requesting comment on the registration numbers and the company’s procedures for determining if listings comply with local law. Media representatives at Hotels.com also didn’t respond to emails inquiring about listings of rent-controlled properties.
A mile from the beach, the Booking.com listing for a “Venice Beach Gem” features mountain and ocean views and a tennis court.
The ad displays a Los Angeles home-sharing registration number, but it contains too many digits and lacks the required letters found in city-issued registrations. The units for rent on the site are located in a rent-controlled apartment building, according to the Housing Department’s database, and cannot legally be registered for home sharing.
The city fined the Venice Beach units’ owner twice in 2021 for advertising short-term rentals without an official registration. The fines haven’t been paid, according to the city attorney’s website of administrative citations. Still, the units were listed on Booking.com last month.
The property owner didn’t return Capital & Main’s calls.
In some cases, renters, not building owners, have been accused of listing illegal short-term rentals. LA City Attorney Hydee Feldstein Soto recently sued several people she says earned more than $4 million by leasing apartments for the sole purpose of offering unregistered short-term rentals, some of them in rent-controlled buildings. The defendants have denied the allegations in court filings.
Under the home-sharing law, booking platforms can be fined $1,000 per day for accepting bookings for properties that don’t have official registrations.
In 2022, the city settled a lawsuit against Vrbo for $150,000, accusing it of processing thousands of illegal bookings. The company agreed to remove illegal listings from the platform. A spokesperson for Vrbo’s owner, Expedia, said the company is working “to help drive a high rate of compliance with local laws.”
The City Council’s Housing and Homelessness Committee is expected to consider recommendations for improving home-sharing enforcement in September.
Meanwhile, for vacationers and locals who want to check the legality of a short-term rental, Capital & Main and ProPublica prepared a two-step guide to researching potential listings before you book:
Haru Coryne contributed reporting.
JimboXYZ says
Always someone that is operating illegally like this ? They most likely wouldn’t be operating that way if they had any character ? But this is California. land of Gavin Newsom. The more Gavin Newsom says he isn’t DeSantis, that California is some Utopian model to be emulated, the more Newsom is just a Democrat lying version of worse than DeSantis. Know that Newsom has been on board with the border crisis that has exacerbated a housing crisis. Newsom must need to be re-elected & he has to face the facts that Los Angeles & California is a sh*t-hole of his own making. They didn’t recall him a couple years back, they should have though. Related to Pelosi thru a relatively incestuous 6 degrees to Kevin Bacon, connect the dots marriage of nepotism & cronyism, what else would one expect being related to that evil & corrupt w*tch, Nancy Pelosi. Some day she will retire & America & the world will be a better place for it. Can’t expect a sate like California that votes closer to 70% Democrat every election to ever figure out that they’ve made their state one of the last places on Earth anyone would have an affordable economic reason to live there.
https://www.cnn.com/2024/07/25/us/gavin-newsom-executive-order-homeless-encampments/index.html
Laurel says
WTF?
Ed P says
Here in Flagler county, you can go onto both the Flagler Tax collector or the Flagler County appraiser’s web site and leave an anonymous email of any short term rental you believe to be unlicensed or in code violation or has any type of homestead exemption.
Flagler county requires a $400 license, no street parking and I believe lighted exit signs in case of a power failure along with other safeguards.
All short term rentals are required to pay both the sales tax and tourism tax on the entire cost of the rental including cleaning fee or any extra charges. Neither Palm Coast nor the county have any arrangement with any booking sites, making the homeowner responsible for paying. The tax collection issue could have teeth and might be part of the answer.
Happy hunting.
Laurel says
It took me a whopping two minutes (maybe less) to get on AirBnB’s website and find several vacation rentals outside of Flagler Beach’s approved vacation rental district. So, has Flagler Beach changed its rules, or are the rentals flying under the radar? Also, it is really easy to compare the county’s vacation rental tax roll against vacation rental websites to see who is legal and who isn’t. Vacation rental websites protect the tax evaders by not giving out the actual address until a reservation has been made.
Vacation rental companies do not give a damn what the locals think. They claim they do, but a simple search on that subject can be eye opening, too.
Also, this “home sharing” is baloney. The real “home sharing” people run real B&Bs, which are licensed and the owner, or manager, lives on site. They often offer you a glass of wine at night, and a really lovely breakfast in the morning. They rarely charge you a cleaning fee, and guess what? They do the cleaning! A whole different animal. With vacation rentals, there is no “home sharing.” There are no monitors. They state on their website that you can rent their “home” but it is nothing of the sort. You buy the wine. You make the breakfast. You clean up, and then pay the fee.
These are commercial businesses, as defined by Flagler County, and should have to follow all business rules and regulations as any other commercial businesses. This special exception is only fair to the vacation rental owners, the billion dollar, world wide corporations, and is a bane to residents.
It is a fact that out of town, out of county, out of state and out of country residents, companies and corporate investors, are purchasing houses, condos, co-ops, apartments and apartment buildings strictly for this particular investment, reducing the amount of affordable housing for residents. It is also a fact that these bigger investors can obtain information from companies that help them with price fixing, making the unit shortage even more unaffordable. It is a major factor in gentrification, which is an unacceptable outcome.
If you patronize these vacation rentals, you are the problem. Instead, enjoy a real B&B, a nice hotel that cleans up after you, has in house restaurants, not to mention room service. Some resorts have vacation rentals within a properly zoned area. Pamper yourself in a nice hotel resort or spend an inexpensive, restful week in a Florida National Park cabin, with beautiful surroundings.
Think about it.