ADU Rental Restrictions: Berkeley vs Fremont
How do adu rental restrictions rules compare between Berkeley, CA and Fremont, CA?
Fremont has fewer restrictions than Berkeley.
Berkeley, CA
Alameda County
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.
View full Berkeley rules →Fremont, CA
Alameda County
Fremont prohibits short-term rentals (under 30 days) of any ADU under California Government Code 65852.2(a)(6) and FMC 18.190.005. Long-term rentals (30+ days) of an ADU are allowed but are subject to AB 1482 (Cal. Civ. Code 1946.2) just-cause eviction and statewide rent caps. Fremont does not have a local rent-control ordinance.
View full Fremont rules →Key Facts Comparison
| Fact | Berkeley | Fremont |
|---|---|---|
| STR Min Stay | 14 days (BMC 23.318) | - |
| ADU as STR | Not eligible (not primary residence) | Prohibited (not primary residence) |
| Rent Control | Yes (BMC 13.76) for long-term rentals | - |
| Costa-Hawkins Exemption | New ADUs (post-2/1/1995) | - |
| Just-Cause Eviction | Required (BMC 13.76.130) | Required after 12 months (AB 1482) |
| Min Rental Term | - | 30 days (Gov. Code 65852.2(a)(6)) |
| AB 1482 Cap | - | 5% + CPI / max 10% |
| Local Rent Control | - | None in Fremont |
Highlighted rows indicate differences between cities.
Berkeley FAQ
Can I list my Berkeley ADU on Airbnb?
No. BMC 23.318 only allows short-term rentals of the host's primary residence with proper STR license. An ADU is by definition a secondary unit, so it cannot be the primary residence and cannot operate as a short-term rental under any circumstance.
Is my Berkeley ADU subject to rent control?
It is subject to Berkeley's Rent Stabilization Ordinance (BMC 13.76), but NEW ADUs (first certified for occupancy after February 1, 1995) are exempt from the rent ceiling under the Costa-Hawkins Rental Housing Act. Just-cause eviction protections and Rent Board registration still apply.
What's the minimum rental term for a Berkeley ADU?
30 days under Government Code 65852.2(a)(6) and BMC 23.304. Stays of 14-29 days are not allowed for ADUs. STR licenses (14+ day stays) are only available for a host's primary residence, which an ADU is not.
Fremont FAQ
Can I list my Fremont ADU on Airbnb?
No. California Government Code 65852.2(a)(6) and FMC 18.190.005 require every ADU permit to carry a deed restriction prohibiting rentals shorter than 30 days. FMC Chapter 5.100 (Short-Term Rentals) does not authorize ADUs as STRs because they are not the host's primary residence.
Is my Fremont ADU subject to rent control?
Fremont has no local rent-control ordinance, so there is no city rent ceiling. California AB 1482 (Civil Code 1947.12) caps annual rent increases statewide at 5% plus CPI (maximum 10%) on units more than 15 years old. New ADUs are exempt from the cap until they reach 15 years from the initial Certificate of Occupancy.
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