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Monterey, CA Short-Term Rentals: Host Platform Liability (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

View official code

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?
No. Monterey City Code § 22-19.5(b)(2) expressly states that a 'responsible party' does not include online hosting platforms or companies, so liability for an unlawful advertisement falls on the property owner or tenant who posted it, not the platform.
What counts as an 'advertisement' under this section?
The code defines it broadly to include any magazine, newspaper, handbill, notice, display, billboard, poster, email, internet website, platform or application listing, or any television or radio broadcast whose primary purpose is to propose a commercial transaction for the rental.
How is a violation counted if the listing stays up for a week?
Each day the advertisement remains posted, published, circulated, broadcast or maintained is treated as a separate offense under § 22-19.5(c), so a listing left up for a week can generate multiple separate violations rather than a single one.
Does this section decide whether my rental is actually illegal?
No. Section 22-19.5 only regulates advertising a prohibited short-term rental; whether a given rental is prohibited at all is governed by the definition of 'short-term residential rental' set out in Chapter 38's zoning ordinance.

Sources & Official References

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