ADU Rental Restrictions: Fremont vs Hayward
How do adu rental restrictions rules compare between Fremont, CA and Hayward, CA?
Fremont and Hayward have similar restriction levels.
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 →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 | Fremont | Hayward |
|---|---|---|
| Min Rental Term | 30 days (Gov. Code 65852.2(a)(6)) | - |
| ADU as STR | Prohibited (not primary residence) | - |
| AB 1482 Cap | 5% + CPI / max 10% | - |
| Local Rent Control | None in Fremont | - |
| Just-Cause Eviction | Required after 12 months (AB 1482) | - |
| 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.
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.
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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