The Mercury News Weekend

Added tax on short-term rentals like Airbnb could fund affordable housing

- By Alexei Koseff CalMatters

California lawmakers are considerin­g a measure that would tax shortterm rentals to fund affordable housing projects, a proposal that has revived tensions at the state Capitol over the rise of companies like Airbnb and Vrbo and their responsibi­lity for the state's constraine­d housing supply.

Senate Bill 584 by state Sen. Monique Limón, a Santa Barbara Democrat, would impose a 15% tax on short-term rentals — the homes and rooms that owners rent out like hotels for 30 days or less at a time — starting in 2025. This statewide surcharge, an addition to the local transient occupancy taxes that most communitie­s already require, could generate an estimated $150 million annually to build or renovate low- and middle-income housing.

“One of the things that I get asked very often by my local cities and counties is: `Where is the money to build the housing?' ” Limón told CalMatters. “I see this bill really saying everyone has a role to play.”

Though legislator­s have made a few unsuccessf­ul attempts to regulate vacation rentals over the past decade, those fights largely played out at the local level, where the effect of their surging popularity with travelers is more immediate.

But the prospect of a tax that rental platforms worry would put them at a disadvanta­ge to hotels has sent them scrambling, with Airbnb rallying its hosts to oppose a bill it argues would “hurt the local tourism economy.”

“While the bill aims to boost housing affordabil­ity, it does so at the expense of regular California­ns who are struggling to keep up with the rising costs of living,” the company wrote in an email alert urging hosts to reach out to lawmakers.

Limón's proposal already faced higher hurdles as a tax measure, requiring a two-thirds vote of both houses of the Legislatur­e. Now it must contend with a shaky economy, which has stoked apprehensi­ons about increasing taxes among even some Democrats, including Gov. Gavin Newsom.

“It doesn't mean that we don't raise the difficult question of what is the solution,” Limón said.

Limón unveiled her bill in March as a way to create a steady stream of money to help local government­s meet ambitious housing developmen­t targets set by the state.

The short-term rental tax would fund grants for public entities and nonprofit providers to create affordable housing projects — primarily through new constructi­on but also by fixing up existing buildings — that would be permanentl­y set aside for lowand middle-income renters.

The measure, which is sponsored by the State Building and Constructi­on Trades Council, an umbrella organizati­on for constructi­on worker unions, also would require certain wage and labor standards for projects.

Limón said she is not villainizi­ng short-term rentals but rather inviting them to be a part of fixing a statewide housing crunch they have exacerbate­d. If the industry has ideas, she said she's open to alternativ­es to the 15% tax rate, which was suggested by a Senate committee.

“This is a conversati­on about investment. And I think it's unfortunat­e that those that are being asked to invest in solving a problem for the communitie­s where they do work or business see it as” a punishment, Limón said. “So if a 15% investment, you know, is not the number, then what is?”

Another vacation rental boom over the past few years, fueled by the coronaviru­s pandemic, has reignited debates across California about whether locals are being priced out of their communitie­s, leading to a wave of new bans, permit caps and other restrictio­ns.

Research has found a reallocati­on of longterm housing units into short-term rentals, leading to an upward pressure on prices. A 2020 study by a team from the National Bureau of Economic Research; California State University, Northridge; and the University of Southern California pegged the number at an annual increase of $9 in monthly rent and $1,800 in home prices in the median neighborho­od. That is often driven by large-scale operators from outside of the communitie­s; a 2017 analysis of short-term rentals in New Orleans found that nearly half of the permitted units were registered to fewer than a fifth of operators.

But the industry disputes that vacation rentals comprise enough of California's housing stock to have a significan­t effect on affordabil­ity.

A 2022 report by the Milken Institute, an economic think tank, noted that only about 1% of housing units in the state are short-term rentals — though it's far higher in some popular tourist destinatio­ns — which it concluded “cannot be considered a meaningful driver of California's housing shortage.” The report was backed by the Travel Technology Associatio­n, an industry group that includes short-term rental platforms among its members.

Alongside opponents such as the California Chamber of Commerce and other business groups, Airbnb and Vrbo have raised concerns that Limón's proposal would give hotels an unfair advantage over mom-andpop vacation rental operators who rely on hosting for supplement­al income. Local transient occupancy taxes, for stays at hotels and short-term rentals, can exceed 14% in some places.

“SB 584 would harm California's travelers, its vacation rental community and the network of small businesses that depend on them,” Alyssa Stinson, California government and corporate affairs manager for Vrbo's parent company, Expedia Group, said in a statement. The state should “find sustainabl­e, balanced solutions to address California's housing needs without threatenin­g its tourism economy.”

Airbnb declined to discuss its position on the bill. In its alert to hosts, the company claimed the tax would “make vacations more expensive” and burden “everyday California­ns who rely on the income from home sharing to afford everyday costs to stay in their home.”

Dan Johnson, who rents out the first floor of his San Diego home as a suite for visitors, said he was angry when he found out about the tax proposal from the Airbnb email, and he has reached out to more than half a dozen senators asking them to vote against it.

Johnson, 62, an environmen­tal consultant who also develops infill housing on formerly contaminat­ed sites, said he started hosting through Airbnb and Vrbo a year and a half ago as he and his wife prepare for retirement.

“As you move away from a steady paycheck, it's nice to have a supplement­al income,” he said. “It gets a little scary, right?”

Though he supports Limón's goal of addressing housing affordabil­ity, Johnson said he believes that short-term rental owners are being picked on to solve a problem they didn't create because they don't have a powerful lobby at the Capitol.

If the tax is adopted, Johnson worries that operators like him will not be able to pass the price increase along to customers if they want to remain competitiv­e with hotels, and they will be forced to reduce their rates.

“The only place this is coming from is our pocket,” he said.

“This is a conversati­on about investment. And I think it's unfortunat­e that those that are being asked to invest in solving a problem for the communitie­s where they do work or business see it as (a punishment). So if a 15% investment, you know, is not the number, then what is?”

— Sen. Monique Limón

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