ADU Rental Restrictions: Berkeley vs Hayward
How do adu rental restrictions rules compare between Berkeley, CA and Hayward, CA?
Hayward 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 →Hayward, CA
Alameda County
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.
View full Hayward rules →Key Facts Comparison
| Fact | Berkeley | Hayward |
|---|---|---|
| STR Min Stay | 14 days (BMC 23.318) | - |
| ADU as STR | Not eligible (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) | - |
| Minimum Lease Term | - | 30 days |
| Short-Term Rental | - | Prohibited |
| Authority | - | Gov. Code 65852.2(a)(6); HMC 10-1.2740 |
| RRSO Coverage | - | Usually exempt (owner-occupied SFR) |
| AB 1482 | - | May apply if ADU 15+ years old |
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.
Hayward FAQ
Can I list a Hayward ADU on Airbnb?
Only for stays of 30 days or longer. California Government Code 65852.2(a)(6) and HMC 10-1.2740 prohibit ADUs from being rented under 30 days. Short-term rentals under 30 days violate Hayward zoning and the state ADU statute.
Is my Hayward ADU covered by rent control?
Usually not. The Hayward Residential Rent Stabilization Ordinance (RRSO) applies to multi-unit properties built before July 1, 1979 with at least five units under common ownership. An ADU on an owner-occupied single-family lot typically falls under the Costa-Hawkins single-family exemption, though statewide AB 1482 caps may still apply.
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