Monterey, CA Short-Term Rentals: Host Platform Liability (2026)
Key Facts
- Who is liable
- Property owner or tenant, not platforms
- Platforms excluded
- Online hosting platforms/companies expressly excluded
- Violation unit
- Each day posted is a separate offense
- Adopted
- Ordinance 3564 (2017)
- Underlying definition
- 'Short-term rental' defined in Chapter 38
Summary
Monterey City Code § 22-19.5 makes it unlawful for a 'responsible party' to advertise a short-term residential rental that is otherwise prohibited by city code, but the section expressly defines 'responsible party' to exclude online hosting platforms and companies, placing liability on the property owner or tenant instead.
Sec. 22-19.5. Advertisement of short-term rentals. a.No responsible party shall post, publish, circulate, broadcast or maintain any advertisement of a short-term residential rental prohibited by the Monterey City Code. ... 2.“Responsible party” means any property owner or tenant, or any agent or representative thereof, who causes or permits any violation of this Code. To cause or permit includes failure to correct after receiving notice from the City of the violation. A responsible party does not include online hosting platforms/companies.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 3721, passed July 7, 2026).
Full Breakdown
5 targets advertising, not just operation, of short-term residential rentals that violate the Monterey City Code. It bars any 'responsible party' from posting, publishing, circulating, broadcasting or maintaining an advertisement, defined broadly to include a magazine, newspaper, handbill, notice, display, billboard, poster, email, internet website, platform or application, or any television or radio broadcast whose primary purpose is to propose a commercial transaction, for a short-term rental prohibited under Chapter 38's zoning definitions. ' That carve-out means Airbnb, Vrbo and similar booking platforms are not directly liable under this section for hosting a listing that violates the city's short-term rental rules; enforcement responsibility runs to the property owner or tenant who placed or authorized the listing.
Each day an unlawful advertisement stays posted, published, circulated, broadcast or maintained is treated as a separate offense, which can compound daily fines or citations for a listing that is not promptly taken down after notice. The section was adopted by Ordinance 3564 in 2017, well before the current wave of state and local short-term rental platform-liability laws, and its cross-reference to the 'meaning set forth in Chapter 38' means the definition of 'short-term residential rental' itself, and whether a given rental is prohibited at all, is controlled by the zoning code rather than by this advertising section.
Violations & Fines
Each day an unlawful short-term rental advertisement is posted, published, circulated, broadcast or maintained is a separate offense under § 22-19.5(c). Because the section sets no unique fine, enforcement runs through Monterey City Code § 1-1.06, exposing a responsible party, meaning the property owner, tenant, or their agent, to misdemeanor or infraction penalties for each day of noncompliance.
Frequently Asked Questions
Can Airbnb be cited for my illegal short-term rental listing?
What counts as an 'advertisement' under this section?
How is a violation counted if the listing stays up for a week?
Does this section decide whether my rental is actually illegal?
Sources & Official References
Other rules in Monterey
California rules heatmap·Compare Monterey to another location·View the California short-term rentals overview
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