Limited Suspension of Specific Terms Imposed on Vacation Rental/Homestay Regulations in Monterey County

 

Due to the active lawsuit challenging the County of Monterey’s vacation rental/homestay ordinances,

(Monterey County Vacation Rental Alliance v. County of Monterey, Monterey County Superior Court Case No.

24CV004922), the County has suspended from enforcement, without prejudice, two provisions being

challenged. This pause will stay in place until such time as the court finishes its analysis and makes an official

ruling.

The two ordinance provisions that the County will not enforce in both the inland and coastal areas are those

that:

(1) Are claimed to violate the U.S. Constitution’s Dormant Commerce Clause by treating non-resident

property owners differently for homestays; and

(2) Are claimed to violate the U.S. and California Constitutions’ Equal Protection Clauses by treating

corporate or other non-individual entity owners differently from natural person owners for all types of

vacation rentals.

Individuals or other entities who believe they were affected by these provisions may apply for any relevant

permit, and such permits will be processed without reference to these specific provisions. Please note that

the litigation involving the County’s vacation rental/homestay ordinances is ongoing. The County cannot

predict the outcome or whether the ordinances may need to be changed in light of the court’s decision.

The following contains the specific ordinance language interpretations and strikethroughs in the inland and

coastal areas of Monterey County:

Section 21.64.290(B)(4) of Title 21 (Inland Zoning Regulations)

Section 20.64.290(B)(5) of Title 20 (Coastal Zoning Regulations)

Section 7.120.020(J) of Title 7 (Vacation Rental Operation License)