Salem, OR Accessory Structures: ADU Rental Restrictions (2026)

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.