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When deciding whether to become an Airbnb host, it is important for you to understand the laws in your city. As a platform and marketplace we do not provide legal advice, but we want to give you some useful links that may help you better understand laws and regulations in San Diego. This list is not exhaustive, but it should give you a good start in understanding your local laws. If you have questions, contact the Development Services Department, the Planning Department, or other city agencies directly, or consult a local lawyer or tax professional.
- Land Development and Planned Districts Codes. The Land Development and Planned Districts Codes govern most land use in San Diego. The Land Development Code is located in Chapters 11 to 14 of the San Diego Municipal Code. Chapter 15 is the Planned Districts Code. The City Attorney can also issue written opinions regarding land use rules. You should consult these to see if your listing is consistent with any zoning requirements or use definitions. Important terms include "bed and breakfast establishments," "boarder and lodger accommodations," "commercial services," "dwelling," "dwelling unit," "guest quarters," "guest room," "hotel," and "visitor accommodations."
- Building and Housing Standards. San Diego has rules and regulations specifying minimum construction, design, and maintenance standards for buildings, including regulations on habitability, health, and safety. Certain regulations applicable to residential and non-residential uses may be relevant to your listing. Refer to Chapter 9 and Chapter 14 of the Municipal Code for more information.
- Business Tax and Zoning Use Certificates. San Diego requires all business operators to register and obtain a Business Tax Certificate. More information is available here.
- Rental Unit Business Tax. San Diego also taxes owners and operators of many rentals. Owner-occupied rentals are excluded from this tax. Please go here for more information.
- Transient Occupancy Tax and Tourism Marketing District Assessment. Properties rented out to visitors for less than one month (30 days) at a time must obtain a Transient Occupancy Registration Certificate. San Diego imposes the San Diego Transient Occupancy Tax (TOT) and the San Diego Tourism Marketing District Assessment (TMD) on all properties rented to such visitors. Airbnb collects and remits the TOT and TMD in San Diego; more information about that process is available here.
- Other Rules. It's also important to understand and abide by other contracts or rules that bind you, such as leases, condo board or co-op rules, HOA rules, or rules established by tenant organizations. Please read your lease agreement and check with your landlord if applicable.
We are committed to working with local officials to help them understand how Airbnb benefits our community. Where needed, we will continue to advocate for changes that will allow regular people to rent out their own homes.
Last updated: July 27, 2015