Experienced Real Estate And Business Attorney

City can impose age restrictions on short term housing rentals

On Behalf of | May 19, 2016 | New Case Law |

spring breakers arrested

Spring Breakers may have to look elsewhere for an Airbnb rental.  In Harrison v. City of Rancho Mirage, 243 Cal. App. 4th 162 (2015)

The City of Rancho Mirage passed an ordinance regulating rental of  private homes for short-term vacation rentals. Among other things, the City requires that a person over age 30 sign the rental contract. The plaintiff, a condominium owner, challenged the ordinance’s minimum age requirement under the Unruh Civil Rights Act (Unruh Act), which prohibits a “business establishment” from discriminating in housing or other accommodations on the basis of age.

At trial, the City successfully argued that it was not a “business establishment” regulated by the Unruh Act. The appellate court affirmed, but interestingly, noted that the plaintiff could have but did not allege the ordinance violated Gov. Code section 65008, regulating public entities. However, since the plaintiff had turned down an express offer to allow leave to amend the complaint to allege a violation of section 65008, the dismissal would stand.  So poor lawyering basically screwed the spring breakers in Ranch Mirage!