INSIDE
S A N TA M O N I C A
SANTA MONICA PREVAILS IN A LEGAL CHALLENGE BY DOORDASH FOR VIOLATIONS OF COVID-19 EMERGENCY ORDER
REFLECTING THE CONCERNS OF THE COMMUNITY
smmirror.com
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December 25 – December 31, 2020 Volume LXVIII, Issue 73
Slew of Landlords Sue Santa Monica Over Short Term Rental Ban Lawsuit claims ordinance violates U.S. Constitution and California Coastal Act By SaM CataNZarO
Landlords are suing the City of Santa Monica, claiming a recently-adopted ban on short-term rentals violates the U.S. Constitution and the California Coastal Act, among other offenses. In September, Santa Monica City Council adopted a law that requires residential leases to last at least one year while also prohibiting furnished apartments. In addition, the ordinance states apartments can only be rented only to tenants intending the unit to be their primary residence. According to the City, “these new regulations are intended to preserve Santa Monica’s rental housing stock for permanent residents in response to concern regarding loss of rental housing stock to corporations and persons who do not wish to make Santa Monica their primary residence.” On Monda, December 14, 32 limited liability companies–including NMS and WS Communities–filed a lawsuit with Los Angeles County Superior Court alleging the decision to adopt the ordinance was “arbitrary, capricious, and lacking in evidentiary support.” These plaintiffs argue that their landlords’ properties are dependent on a business model that facilitates flexible-term leasing and furnished units. “Their tenants are people who want or need to live in Santa Monica, and for whom flexibility in the lease term is critical,” the lawsuit states. The case takes aim at Santa Monica City Council shifting course at an August 25 meeting. Going into the meeting–informed by over a dozen public hearings over the past few
Photo: Ted Catanzaro
An apartment for rent on 11th Street in Santa Monica.
years–City Staff recommended that landlords be required to offer leases under a year and furnished units while also allowing tenants to decline such options. At the meeting, however, the case alleges lawmakers bowed to pressure from hotel lobbyists and political activists. “For purely political reasons and without the benefit of any study, the City Council elected
during the middle of a meeting to change course after hotel lobbyists and other political activists protested the staff’s recommendation and demanded that anyone needing a home in Santa Monica for less than a year go to an ‘extended stay hotel,” the case reads. “Politicians simply decided on the fly that they know better than their staffers: one size would
have to fit all, no matter the circumstances.” The case argues that the resulting law violates the California Coastal Act, which sets restrictions on local control on land within 1,000 yards of the ocean. In addition, the case alleges the law violates the U.S. Constitution’s Equal Protection Clause
Landlords, see page 5
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