San Leandro, CA Accessory Structures: ADU Rental Restrictions (2026)

Chapter 4-40 defines a 'Dwelling, Secondary Unit' as also meaning an 'Accessory dwelling unit' (ADU): 'an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons,' including 'permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as a single-family dwelling is situated' (§ 4-40-210). Section 4-40-120 permits hosted short-term rentals generally in any dwelling unit or bedroom within one, but immediately excludes ADUs by name, with no exception process written into the chapter. Because Chapter 4-40 governs only 'hosted' stays where the primary occupant is present the whole time, and Chapter 4-41 separately bans every non-hosted short-term rental citywide, an ADU cannot be legally rented short-term through either path: it is not eligible for the Chapter 4-40 permit, and renting it non-hosted falls under the Chapter 4-41 prohibition with misdemeanor penalties.

This means an ADU built under the state's streamlined approval rules can still only be used for a stay of 30 days or more, or as the owner's or a long-term tenant's residence.