Berkeley prohibits short-term rentals (under 14 days) of any ADU under BMC Chapter 23.318 and the Short-Term Rental Ordinance (BMC 23.318). Long-term ADU rentals (30+ days) are subject to Berkeley's Rent Stabilization Ordinance (BMC 13.76) - however, newly constructed ADUs are exempt from rent ceiling under the Costa-Hawkins Rental Housing Act.
Berkeley has one of California's strongest short-term rental regulations. Under BMC Chapter 23.318 (Short-Term Rentals), STRs of any unit shorter than 14 days are prohibited unless the unit is the host's primary residence AND the host obtains a city STR business license, transient occupancy tax permit (12% Berkeley TOT under BMC 7.36), and registers under BMC 9.04. ADUs are NOT eligible to be the host's primary residence (the primary dwelling is) - so ADUs cannot operate as STRs. Long-term rentals (30+ days) of an ADU are subject to Berkeley's Rent Stabilization Ordinance (BMC Chapter 13.76), one of the oldest and strongest rent-control ordinances in California. However, the Costa-Hawkins Rental Housing Act (California Civil Code 1954.50-1954.535) exempts new construction first certified for occupancy after February 1, 1995 from rent ceiling. Newly built ADUs therefore have no rent ceiling but are still subject to just-cause eviction protections under BMC 13.76.130 and AB 1482 statewide protections (Cal. Civ. Code 1946.2). Berkeley Rent Board registration fees apply to all rental units including ADUs ($300+/year). Tenant Protection Ordinance (BMC 13.79) and the Rental Housing Safety Program (BMC 19.44 RHSP inspections) apply.
Operating an illegal STR violates BMC 23.318 with administrative citations up to $1,500 per day per violation (BMC 1.28). Berkeley actively monitors Airbnb/Vrbo listings and issues citations to non-compliant hosts. Failing to register an ADU rental with the Rent Board violates BMC 13.76; the Rent Board can suspend the property owner's right to collect rent and may award double rent restitution to tenants.
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