"Grandfathering" is not some gift. It's our lawful right!

"We're not proposing any change in your ability to rent your unit. You're grandfathered. Nothing changes for you." says the cap group.

Here's the truth. This ability to rent your unit for any term greater than 30 days is not some "gift" from the rental cap committee. It is enshrined in California law. Section 4740 of the Davis-Stirling Act  protects homeowners who acquire title before any potential rental restriction. Any new rental restriction adopted after you purchased your home does not apply to you no matter what the governing document may now say. In other words, retroactive rental bans and retroactive rental caps are void as applied to existing owners.

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In addition, medium to long term renting for periods of 31 days or longer are a legal right of any Laurel Bay homeowner under the same Davis-Stirling Act's Section 4741. 

In the Zoom call, Louise Wesley (Board member and pro rental cap committee member) claimed that "it's the short-term renters who cause many of the problems in our community." She is stating opinion. There is no proof to back up her opinion.

For any stay of 31 days or longer, California law guarantees that an owner can use AirBnB or any other platform to rent their property. All units listed online for rent at LB are being rented for 31 days or longer. 

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Our group's contention is that a rental cap changes nothing for current owners except for the future sale of their property. Then the changes are profound: lower values, reduced buyer pool, creation of divisions in the community, and complexities of enforcement. To see more on this point, return to our page on Main Arguments. 

For a deeper dive into the aspects of Sections 4740 and 4741: How the Davis-Stirling Act Protects an Owner's Right to Rent in California