Berkeley vs Oakland
How do host presence rule rules compare between Berkeley, CA and Oakland, CA?
Berkeley and Oakland have similar restriction levels.
Berkeley, CA
Alameda County
Berkeley requires the permitted host to physically reside on the property for any short-term rental booking under 14 consecutive nights, mirroring its strict primary-residence framework adopted in 2017.
View full Berkeley rules →Oakland, CA
Alameda County
Oakland requires hosts to be physically present on-site during un-hosted short-term rental stays only when operating outside their primary residence is not authorized. Hosted rentals require host presence overnight in the dwelling.
View full Oakland rules →Key Facts Comparison
| Fact | Berkeley | Oakland |
|---|---|---|
| Code chapter | BMC 23.328 | - |
| Unhosted cap | 90 nights yearly | - |
| Adopted | 2017 | - |
| Enforcer | City Manager + Rent Board | - |
| Hosted rule | - | Operator overnight in dwelling |
| Code | - | OMC Title 5 Ch. 5.51 |
| Un-hosted limit | - | Primary residence only |
| Listing requirement | - | Permit number displayed |
Highlighted rows indicate differences between cities.
Berkeley FAQ
Can I rent my whole house while traveling?
Yes, but only at your primary residence and only for a combined 90 nights per calendar year. Beyond that you must be physically present onsite.
Does the host rule apply to ADUs?
Yes. ADUs and main units are treated as the same parcel, so the host must reside somewhere on the property during any stay.
Oakland FAQ
Can I rent a guest cottage while I sleep in the main house?
Yes, that qualifies as a hosted rental since you remain on the property overnight. Both structures must be on the same parcel as your primary residence.
May I leave town and rent the whole house?
Only as an un-hosted STR at your primary residence with a valid Oakland permit, and only within the annual day cap when applicable.
Compare other topics
See how Berkeley and Oakland compare on other ordinance categories.
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