Last August, the West Hollywood Planning Commission, following some study, determined that the minimum lease period in single-family homes and condominiums should be increased from 31 to 60 days, and made the recommendation to the city council. On Monday evening, the council adopted the change after several questions of staff and only minor debate.

Most who responded to an “Engage WeHo” survey opposed the change at 53 percent, with 17 percent favoring the 60-day window, 14 percent 90 days, and another 15 percent favoring a minimum lease term of one year.

Councilmember John Heilman asked staff why the recommendation settled on 60 days versus 90 or a yearlong term. Michelle Montenegro, an Associate Planner in the city’s Planning and Development Services Department, responded that statistics show the average short-term rental stay was 10.1 weeks. Therefore, to stay just under that time frame, the 60-day limit was recommended. She added that timelines for extended stays at Cedars Sinai Hospital also aligned with a 60-day window.

But Councilmember Lauren Meister inquired when a hotel guest, for instance, no longer remains a guest but stays so long that they are considered a tenant. Heilman then added that at some point, that probably means even hotel guests are afforded protections under the rent control ordinance.

Meister then asked if that was based on the rent control ordinance or state law. “If we change our ordinance to 60 days or 90 days, would that be a problem? Would those people then still be guests rather than tenants?”

Long Range Planning Manager Francisco Contreras said that preliminary research showed that anyone who uses a hotel as a primary residence for 30 days or more is considered a tenant under state law, and is therefore afforded due process before an eviction.

“The feedback is overwhelmingly negative,” said Mayor John Erickson. “Why are you recommending that we do this, then?”

Contreras somewhat hedged on a direct answer, stating it was the Planning Commission’s recommendation. When pressed, he said there was some hearsay that it may have been in response to the “party houses” popping up in many Airbnb rentals and causing a great deal of noise in residential areas. Montenegro added that since the Planning Commission vote, more data has been collected on noise complaints bolsters the recommendation.

But Erickson pressed further, asking if party houses were a particular problem, or if the recommendation was just “government overreach.” Montenegro again turned to the noise complaint data to serve as a “proxy” suggesting the problem does exist.

David Kaishchyan from the Apartment Association of Greater L.A. called in opposition to the change, saying a longer lease period “Is unwarranted and will cause substantial harm to homeowners and renters alike.” He also pointed out that entertainment workers and military personnel often require the ability to rent for short terms, and that homeowners or renters who are away for a month should have a right to rent out their residence while they are away.

Resident Rick Watts was in chambers and suggested that the number of units in question were intended to be permanent housing and the fact that so many have turned into Airbnbs has driven up rents. “It’s a problem not just here but in other cities, and it adds to the homeless problem,” he said. “I think one of the purposes of this ordinance should be to discourage short-term rentals,” he added.

Heilman challenged the staff on the Engage WeHo data, asking, “Why are we being presented with this data as if it’s actually reflective of the sentiment when it is completely invalid from a statistical standpoint?” He pointed out that only those with the strongest point of view are likely to participate in Engage WeHo surveys. “So it has the classic bias of any survey of self-selection.” He went on to suggest that respondents are most likely those currently renting out their places for short-term rental. “I want our homes and our condos to be used as they were intended, for long-term residential stays for people who are actually living in the community.”

Heilman stated he supported the text amendment, but suggested the council go much further than 60 days, even suggesting a year-long period. He said families with members in longer-term care at Cedars Sinai should be encouraged to stay in local hotels.

Meister agreed, pointing out that many local hotels offer “Apartment-like amenities like kitchens and living rooms.” She added, “We would actually be improving our business’s economic situations if we get temporary people out of residential homes that should be long-term permanent housing and put them in hotels.”

She also recommended a term longer than 60 days, which prompted Erickson to ask City Attorney Lauren Langer if the council could go as long as a one-year lease period. Discussion between her and staff determined that since the Planning Commission at least considered a one-year lease period, the council could take that action. Had they not, any big departures from what planning recommended would have to return to them for consideration.

“We have taken so many measures to really combat short-term rentals in our city,” said Councilmember Sepi Shyne. “And it doesn’t make any sense to me that we would treat single-family homes differently – or condos – than our multi-family residential renters.” She added that she’s heard complaints about quality of life and noise and was also willing to go with a one-year minimum lease.

“In seeing the data about the usage of leases as they exist, and in stepping back and thinking about the vision we share for our community and how the available housing should be used, this feels like the right solution for us, so I support a year,” said Vice Mayor Chelsea Byers.

Erickson was also in agreement, but before the vote, there was some discussion of a longer period before the new ordinance takes effect, given that several operators may have already committed to summer leases under the previous terms when they were allowed. At Heilman’s suggestion, the council agreed to the new one-year requirement taking effect on January 1, 2025.

The vote was a unanimous 5-0.

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