Primary-Residence-Only Rule: San Francisco vs San Jose
How do primary-residence-only rule rules compare between San Francisco, CA and San Jose, CA?
San Francisco and San Jose have similar restriction levels.
San Francisco, CA
San Francisco County
San Francisco bars short-term rentals unless the unit is the host's primary residence. Hosts must occupy the home at least 275 nights per year and register with the Office of Short-Term Rentals before listing on Airbnb, Vrbo, or any platform.
View full San Francisco rules →San Jose, CA
Santa Clara County
Unhosted short-term rentals in San Jose are permitted only at the host's primary residence under SJMC Section 20.80.140, defined as the dwelling the host occupies for at least sixty consecutive days or 185 days a year and uses on tax filings.
View full San Jose rules →Key Facts Comparison
| Fact | San Francisco | San Jose |
|---|---|---|
| Code section | Police Code 41A.5 | SJMC Section 20.80.140 |
| Occupancy minimum | 275 nights per year | - |
| Enacted | Ordinance 218-14 (2014) | - |
| Enforcement agency | Office of Short-Term Rentals | - |
| Daily fine | $484 per violation day | - |
| Occupancy threshold | - | Sixty consecutive or 185 days |
| Proof accepted | - | Tax filings, license, utilities |
| Number allowed | - | One primary residence only |
| ARO units | - | Generally excluded |
Highlighted rows indicate differences between cities.
San Francisco FAQ
Can I rent out my second home in SF on Airbnb?
No. Section 41A bans STR listings of any unit that is not your verified primary residence. Second homes, investment properties, and pieds-a-terre cannot legally host stays under 30 nights.
How does SF prove a unit isn't a primary residence?
OSTR cross-checks utility records, voter rolls, DMV records, tax filings, and platform booking data. Hosts must submit two proofs at registration and respond to audit requests.
San Jose FAQ
Can I list my San Jose investment property on Airbnb while away?
No. Unhosted short-term rentals are limited to your one primary residence. Investment properties and second homes cannot be registered for unhosted rentals under SJMC Section 20.80.140.
What documents prove primary residence in San Jose?
California driver's license, voter registration, vehicle registration, recent utility bills, and federal or state tax returns tied to the address are accepted by Planning during registration and audits.
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