Host Presence Rule: San Francisco vs San Jose
How do host presence rule rules compare between San Francisco, CA and San Jose, CA?
San Jose has fewer restrictions than San Francisco.
San Francisco, CA
San Francisco County
San Francisco distinguishes hosted stays (host present overnight) from unhosted stays (host absent). Unhosted rentals are capped at 90 nights yearly while hosted stays have no annual cap, encouraging genuine home sharing over de facto hotels.
View full San Francisco rules →San Jose, CA
Santa Clara County
San Jose distinguishes hosted short-term rentals (host onsite during stay) from unhosted rentals (host away) under SJMC Section 20.80.140, allowing hosted stays without an annual cap and unhosted stays only at the host's primary residence with a 180-night annual limit.
View full San Jose rules →Key Facts Comparison
| Fact | San Francisco | San Jose |
|---|---|---|
| Unhosted cap | 90 nights per year | - |
| Hosted cap | No annual limit | - |
| Code section | Police Code 41A.5(g) | SJMC Section 20.80.140 |
| Reporting frequency | Quarterly host reports | - |
| Hosted nightly cap | - | No annual cap |
| Unhosted nightly cap | - | 180 nights per year |
| Primary residence rule | - | Required for unhosted |
| Response time | - | Sixty minutes contact |
Highlighted rows indicate differences between cities.
San Francisco FAQ
What counts as a hosted stay in San Francisco?
A hosted stay requires the registered primary resident to physically sleep at the property during the guest's visit. Leaving for the night, even briefly, converts it to unhosted under OSTR audits.
Do hosted nights still count toward primary-residence proof?
Yes. Hosted stays count as resident occupancy and apply toward the 275-night annual primary-residence threshold required for registration.
San Jose FAQ
Do I have to be onsite during a guest stay in San Jose?
Only for hosted-category rentals. Unhosted rentals are permitted at your primary residence subject to the 180-night annual cap and other registration requirements under SJMC Section 20.80.140.
Is there a nightly cap on hosted San Jose rentals?
No. Hosted short-term rentals where a permanent resident remains onsite during the guest stay carry no annual nightly cap, only registration, tax, occupancy, and contact response duties.
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