Berkeley, California Short Term Rental Regulations

City Code of Ordinances

Berkeley heavily regulates short-term rental. A Short-Term Rental (STR) is the use of any dwelling unit, authorized accessory dwelling unit, or accessory building, or portions thereof, for dwelling, sleeping, or lodging purposes by a paying guest. The City's STR Ordinance assumes most transient stays will be 14 consecutive days or less.  It must be your primary residence to use a unit as a short-term rental. If you are a tenant, you need to be authorized by the property owner. The unit must be covered by liability insurance of $1,000,000. The short-term rental must be located in the following:  R-1, R-1A, R-2, R-2A, R-3, R-4, R-5, R-S, R-SMU, C-C, C-U, C-NS, C-SA, C-T, C-DMU, C-W, MUR - Any of these zones included under the Hillside (H) overlay (use this parcel information lookup tool to learn what zone you are in)  If an accessory dwelling unit was built after April 1, 2017, and has been utilized as a long-term rental since April 1, 2007, it cannot be used as a short-term rental if the unit is also Below Market Rate and has experienced a no-fault eviction in the recent five years. View the Berkeley City Ordinance for more information. 

Business License Requirements

If you currently host short-term rentals, you must register with the City. Complete a Short-Term Rental Zoning Certificate

Building and Housing Standards

Berkeley has rules and regulations that specify minimum building, design, maintenance standards, habitability, health, and safety requirements. Some rules and regulations that apply to residential and non-residential properties may apply to your listing. View the City Building Code Ordinance and consult the City’s Short-Term Rentals page for more information. 

Tourist and Local Taxes

Hosts must collect a 12% transient occupancy tax and pay an additional 2% enforcement fee. Short-term rentals might be subjected to state and county sales tax and are liable for payment as established by state and county law.  

Other Rules

You must notify residents of all adjacent properties that you are leasing your home as a short-term rental and provide all guests with a copy of the Short-Term Rental Guest Requirements letter on both booking and arrival. If you are not present while guests are there, you may only rent out your home as a short-term rental for 90 days each calendar year. The number of people occupying an STR is generally two per bedroom. It is also essential to understand and abide by other contracts or rules that bind you, such as leases, condo boards, co-op rules, HOA rules, or rules established by tenant organizations. Please read your lease agreement and check with your landlord if applicable. Visit the Berkeley website for more information.