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Ian C. Ballon and Ranika Morales of Greenberg Traurig (Photo: Courtesy Photo)

In HomeAway.Com v. City of Santa Monica, 918 F.3d 676 (9th Cir. 2019), the U.S. Court of Appeals for the Ninth Circuit unanimously upheld a Santa Monica ordinance that would force online home-sharing platforms like HomeAway.com and Airbnb to police third-party users’ listings for compliance with city registration laws. Santa Monica’s Ordinance 2535, as amended in 2017, restricts most short-term rentals, with the exception of licensed home-shares. It further requires hosting platforms to refrain from, among other things, completing booking transactions involving properties not licensed and listed on the city’s registry. Violations of the ordinance are punishable by a fine of up to $500 and/or imprisonment for up to six months.

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