Berkeley, CA Short-Term Rentals: Extended Home Share (2026)
Key Facts
- Night cap
- None when hosted
- Tax
- TOT collection required
- Recordkeeping
- Guest log one year
- Code
- BMC 23.328
Summary
Berkeley permits unlimited extended home-share nights when the host stays onsite and rents only a portion of the dwelling, recognizing roommate-style arrangements as distinct from whole-home rentals.
(e) This section shall not apply to the following types of residential real properties or residential circumstances: (1) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940. (4) Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential real property. (5) Single-family owner-occupied residences, including (A) A residence in which the owner-occupant rents or leases no more than two units or bedrooms, including an accessory dwelling unit or a junior accessory dwelling unit.
Full Breakdown
BMC 23.328 distinguishes hosted home-shares from unhosted rentals. When the host occupies the dwelling and rents only a private room or portion, there is no annual night cap. The arrangement still requires an STR permit, transient occupancy tax collection, and compliance with the Rent Stabilization Board if the unit is otherwise rent-controlled. Berkeley adopted this carve-out to support homeowners offsetting mortgage costs while preventing conversion of full units to tourist use. Hosts must keep guest registers for one year.
Violations & Fines
Failing to register an extended home-share, omit transient tax, or maintain guest logs leads to fines starting at 250 dollars and rising to 1,000 dollars per repeat violation.
Frequently Asked Questions
Do I still need a permit for home-share?
Is transient occupancy tax owed?
Sources & Official References
Other rules in Berkeley
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Extended Home Share in Nearby Cities
How other cities in Alameda County handle extended home share.