Salem ADUs may be rented as long-term housing with no owner-occupancy requirement, but Salem Revised Code 700.007 requires tenancies of at least 30 consecutive days, prohibiting Airbnb-style short-term rental of the ADU itself. Short-term rental of the primary dwelling on the same lot is separately permitted under SRC Chapter 30 with a city Short-Term Rental License (approximately $161 annual renewal). Long-term tenancies are governed by Oregon's statewide Residential Landlord-Tenant Act (ORS Chapter 90), including rent-stabilization caps under SB 608 (ORS 90.323) and just-cause eviction protections under ORS 90.427.
Salem treats ADU rental in two distinct tracks. Long-term (30 days or more): ADUs can be rented to any tenant without owner-occupancy of either unit, under the preemption of ORS 197.312 and the permissive language of SRC 700.007. There is no separate Salem rental-registration program for long-term residential rentals (unlike Akron or Portland). Tenancies are governed by Oregon's Residential Landlord-Tenant Act, ORS Chapter 90, which includes: a statewide rent-stabilization cap under SB 608 (ORS 90.323) that limits annual increases for buildings 15 years and older (newer buildings are exempt); just-cause eviction protections under ORS 90.427 after the first year of tenancy; security-deposit limits under ORS 90.300; and habitability standards under ORS 90.320. Short-term rental of the ADU (under 30 days) is prohibited outright: SRC 700.007 specifically requires ADU tenancies of at least 30 consecutive days. Short-term rental of the primary dwelling on the same lot, by contrast, is regulated under SRC Chapter 30 (Licenses) - the city offers two license types: a 'short-term rental license' (whole-house operator) and an 'accessory short-term rental license' (operator occupies the property while renting rooms). The annual renewal fee is approximately $161. Applications require a property safety inspection, proof of liability insurance covering STR use, a guest registry, posted permit number, and compliance with SRC Chapter 700 standards. Salem also collects the Oregon Statewide Lodging Tax (1.5% under ORS 320.305) and a local transient occupancy tax through the Salem Finance Department; platforms (Airbnb, VRBO) typically collect on the operator's behalf. Fair housing laws (federal Fair Housing Act and ORS Chapter 659A) apply to all rental advertising and tenant selection.
Operating an ADU as a short-term rental violates SRC 700.007 and triggers code-enforcement action under SRC Chapter 95: written notice, daily civil penalties accruing until cured, and possible injunction in Marion County Circuit Court. Operating an unlicensed STR of the primary dwelling violates SRC Chapter 30, with license-fee back-payment plus penalties and possible cease-and-desist orders. Failure to remit transient lodging tax exposes the operator to Salem Finance Department collection action plus interest. Landlord-tenant disputes (security deposits, evictions, habitability) are handled by Marion County or Polk County Circuit Court under ORS Chapter 90; just-cause violations under ORS 90.427 carry a statutory tenant remedy of three months' rent plus actual damages.
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