Hayward ADUs and JADUs must be rented for terms of 30 days or longer under HMC 10-1.2740 and California Government Code 65852.2(a)(6). Short-term rentals (Airbnb, VRBO under 30 days) are prohibited. ADUs are generally exempt from the Hayward Residential Rent Stabilization Ordinance (RRSO) when the primary dwelling remains owner-occupied.
California Government Code 65852.2(a)(6) prohibits any ADU or JADU permitted under state ADU law from being rented for terms of less than 30 days. Hayward's HMC 10-1.2740 incorporates this prohibition - hosting an ADU on Airbnb, VRBO, or any short-term rental platform under 30-day stays is a code violation. Long-term rentals (30 days or longer) are permitted without separate registration as a short-term rental. For tenant protections, Hayward's Residential Rent Stabilization and Tenant Protection Ordinance (RRSO), originally enacted in 1983 and amended in 2019 (Ordinance 19-06), applies to multi-unit residential properties built before July 1, 1979 where the building is one of at least five units under common ownership. ADUs on owner-occupied single-family lots generally fall outside RRSO coverage because the property does not meet the five-unit minimum. Under the Costa-Hawkins Rental Housing Act (Cal. Civ. Code 1954.50 et seq.), single-family homes and separately alienable dwellings are exempt from local rent control. However, California's statewide AB 1482 (Civ. Code 1946.2 and 1947.12) provides rent caps (the lower of 5% + CPI or 10%) and just-cause eviction protections for many tenancies of 12 months or more, including some ADUs more than 15 years old that don't qualify for the single-family exemption.
Operating a Hayward ADU as a short-term rental (under 30 days) violates HMC 10-1.2740 and Gov. Code 65852.2(a)(6). Hayward Code Enforcement can issue administrative citations under HMC 1-7 starting at $100 per violation per day, refer the listing to the platform for takedown, and pursue civil penalties. Repeated violations can lead to revocation of the certificate of occupancy and a deed restriction recorded against the property.
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