Housing Resources In Response to Fires

Overview of the Emergency Order Pertaining to Rental Housing:

Santa Monica has suspended enforcement laws prohibiting short-term rentals and leases of less than one year to allow people displaced by the recent regional fires to find temporary places to stay. Short-term rental hosts and landlords are encouraged to state in their listings if they are offering accommodations for people displaced by fires, and complete the simple registration form online at https://forms.office.com/g/YEd6bgbXEc
The suspension of enforcement is intended to allow persons displaced by the fires to find alternative temporary accommodations for a reasonable period of time. This page will be updated with information about when enforcement may resume when that information is available.
State law prohibits price gouging in hotel, motel, and short-term rental rates, and in rental housing following an emergency proclamation. Price gouging laws remain in place 30 days after the state of emergency is declared over. Violations are being actively investigated by the Attorney General’s Office and City Attorney’s Office and will be enforced.

The Emergency DOES NOT:

Suspend the City’s local rent control or just cause eviction laws. These remain in effect.
Remove affordability restrictions and requirement to utilize the City’s Below Market Housing Waitlist on deed-restricted affordable residences within the City of Santa Monica.
Waive Federal Section 8 Voucher restrictions which prevent voucher holders from subleasing or short-term renting their residence.

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How to List Your Unit for Rent

Register the Unit(s) or Room(s)
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Fill out this simple registration form. If you are already offering a unit for rent, please also fill out the form.
Obtain a Business License
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If you don’t already have one, apply for a Santa Monica business license for rental of residential property. Once your application is submitted, staff will send you an e-mail with next steps and how to pay the business license tax and application fees. If you are applying timely (within 30 days of renting out your unit) and your estimated revenue is under $100,000, the application fees are $44. If your estimated revenue will be more than $100,000 then you will pay the application fee and the business license tax of $75 totaling $119.00. Business licenses expired June 30th of each year and must be renewed annually.
List the Unit or Room for Rent
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The City has not partnered with any websites to list available units for rent.
To help you get started, here are examples of some websites where you can list your unit:
- Airbnb: Airbnb.org or Airbnb.com
- Westside Rentals
- Apartment Association of Greater Los Angeles – Available Rental Housing for Victims of Los Angeles Wildfire
- Apartments.com
- Zillow

FAQ

Price Gouging

What is illegal “price gouging” for housing accommodations?

Generally, state law prohibits rent increases of more than 10% to existing or prospective tenants while the emergency price gouging protections remain in place.

How long do the price gouging protections for housing accommodations remain in place?

The price gouging laws took effect January 7, 2025—the date of the Governor’s emergency proclamation—and last until 30 days after the emergency is declared over, or until a date specified by the Governor or the City.

My unit was being offered for rent on January 7, 2025. How much can I charge now?

For housing that was being offered for rent at the time of the emergency proclamation, rent cannot exceed 10% above the most recent rental price offered before the emergency proclamation of January 7, 2025.

I haven’t offered the unit for rent for more than a year before January 7, 2025. How much can I charge?

For housing that was not rented or offered for rent in the year prior to the emergency proclamation, rent cannot exceed 10% above 160% of the Fair Market Rent amounts established by the Department of Housing and Urban Development. Fair market rents for Los Angeles County zip codes are available online at FY 2025 Fair Market Rent (FMRs) Documentation System — Los Angeles-Long Beach-Glendale, CA HUD Metro FMR Area
If you have additional questions regarding the appropriate Fair Market Rent, for your vacant residence, please contact the Housing Division by email smhousing@santamonica.gov. Or, you can leave us a message at (310) 458-8740.

My rent-controlled unit was rented on January 7, 2025 but became vacant while the protections are in place. How much can I charge the next tenant?

For rent-controlled housing that becomes vacant during the period that protections remain in place and rented to a new tenant: rent cannot exceed the greater of 10% above the last rent charged or 10% above 160% of the Fair Market Rent established by the Department of Housing and Urban Development. Fair market rents for Los Angeles County zip codes are available online at FY 2025 Fair Market Rent (FMRs) Documentation System — Los Angeles-Long Beach-Glendale, CA HUD Metro FMR Area.

My rent-controlled unit is occupied. Can I raise the rent 10% to my existing tenant?

No. The rent control law remains in full effect. Landlords of rent-controlled properties cannot charge their existing tenants more than the current maximum lawful rent.
For questions regarding rent-controlled properties, please call the Rent Control Board at (310) 458-8751 or email rentcontrol@santamonica.gov.

If I list a unit at a legal rent amount but someone offers to pay more than the legal amount, can I accept it?

No. The City of Santa Monica considers accepting an unlawful rent amount to be charging an unlawful rent amount. Penal Code Section 396 makes it unlawful for any person to advertise, offer, or charge a rental price that exceeds the amounts stated above.

I have never listed my unit before. What rent can I charge without violating the law?

For housing that was not rented or offered for rent in 12 months prior to an emergency proclamation, the rent cannot exceed 10% above 160% of the Fair Market Rent established by the Department of Housing and Urban Development.

What counts as “price gouging” for hotels and motels and short-term rentals?

California Penal Code Section 396 generally prohibits hotels and motels and short-term rentals that charge a daily rate from increasing, by more than 10%, their rates immediately prior to an emergency proclamation.

Where can I report price gouging?

Please alert the Consumer Protection Unit of the City Attorney’s Office at Consumer.Mailbox@santamonica.gov, or by submitting a complaint at www.smconsumer.org.

What are the penalties for illegal price gouging?

Violations of Penal Code Section 396 are subject to criminal prosecution that can result in one-year imprisonment in county jail and/or a fine of up to $10,000. Violations are also subject to civil enforcement actions by public prosecutors and private individuals, including civil penalties of up to $2,500 per violation, injunctive relief and mandatory restitution.

Short Term Rentals and Rentals of Less than 1 Year

Can I offer a unit or room for rent short-term (less than 1 year)?

Yes. Santa Monica will temporarily not enforce its local law requiring that all residential leases be for at least one year, so long as the unit is rented to a person or household displaced by a regional fire. However, Santa Monica City Charter Articles XVIII (Rent Control) and XXIII (Housing Policies) prohibit evicting tenants (including subtenants) from rent controlled units and most non-rent controlled multi-family units without just cause, regardless of how long their initial lease is for.

Can I offer a furnished unit?

Yes. Santa Monica will temporarily not enforce its law requiring that all residential units be rented unfurnished , so long as the unit is rented to a person or household displaced by a regional fire.

Can I sublease my unit or a room in my unit? What if my lease says I am not allowed to sublease?

As long as you sublease no more than one rental unit in the city to a person or household displaced by a regional fire, Santa Monica will temporarily not enforce its law requiring that all residential units be used as the tenant’s primary residence.
However, this Emergency Order does not waive federal restrictions on subleasing or short-term renting for Section 8 voucher holders.
If your lease prohibits you from subleasing your unit or from having unauthorized occupants, the Emergency Order temporarily prohibits landlords from evicting you on the basis of having unauthorized occupants or pets, if those occupants or pets were displaced by the regional fires. Please contact Legal Aid Foundation of Los Angeles at (800) 399-4529 for legal advice about your ability to sublease under this Emergency Order and after it expires.

Will I be able to stop renting a unit or room when I decide I do not want to provide temporary housing anymore?

It depends. If you are renting or subleasing a unit or part of a unit that is covered by either Santa Monica’s rent control law (City Charter Article XVIII), Santa Monica’s just cause eviction law (City Charter Article XXIII), or California’s just cause eviction law (Civil Code Section 1946.2), you may not be able to require your short-term occupant or tenant to leave without “just cause.” Deciding that you no longer want to rent the unit or room is not a “just cause” reason to terminate a tenancy.
To determine whether your unit is subject to rent control law, please contact Rent Control at rentcontrol@santamonica.gov.
Please speak with an attorney for more information about whether your unit is covered by any law requiring just cause to terminate a tenancy.

Can my rent-controlled apartment be made available for short or medium-term rental under this temporary suspension of enforcement?

Yes. Santa Monica will not enforce short-term rental laws or laws requiring one-year residential leases and unfurnished units in any rental unit in the city, including rent-controlled units, so long as the unit is rented to a person or household displaced by a regional fire.

Deed Restricted Apartments

I have apartments in my building that have a deed-restriction to be affordable to lower income households. Are these covered by this temporary suspension of enforcement?

Owners of deed-restricted housing for lower income households must still comply with their recorded deed restrictions, including not renting units to households whose incomes exceed the income limits in the deed restrictions.
Owners of deed-restricted housing may rent units that are furnished to income-qualified households or offer leases of less than one year while enforcement of those requirements is suspended.

Do I still need to utilize the Below Market Housing (BMH) Waitlist to rent my deed-restricted units to people displaced by the regional fires?

Yes, deed-restricted units are still required to utilize the City’s Below Market Housing (BMH) Waitlist.

Resources for Section 8 voucher holders

State and local law prohibits landlords from discriminating against Section 8 voucher holders, including by refusing to rent to a person because they have a voucher. If you have questions about the law or believe you have suffered discrimination as a Section 8 voucher holder, please contact the City Attorney’s Office at 310-458-8336 or Consumer.Mailbox@santamonica.gov.

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Continue the Process:

Register the Unit(s) or Room(s)

Obtain a Business License

List the Unit or Room for Rent