Fremont, CA Short-Term Rentals: Host Platform Liability (2026)
Key Facts
- Governing section
- FMC § 5.100.040(g)-(h)
- Platform excluded from
- "Person" liability under (g)
- Owner liability
- Never relieved, per (h)
- Insurance option
- Platform coverage can satisfy requirement
Summary
Fremont's short-term rental ordinance holds hosts and owners personally responsible for compliance, but allows a hosting platform to satisfy the required $1,000,000 liability insurance on the host's behalf and excludes platforms from certain enforcement provisions.
(g) No person or business shall undertake, maintain, authorize, aid, facilitate or advertise any short-term rental that does not comply with this section. For the purposes of this section only, "person" does not include a hosting platform.
(h) Responsibility. Notwithstanding anything in this section, the owner shall not be relieved from any personal responsibility or personal liability for noncompliance with any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term rental, regardless of whether such noncompliance was committed by the owner or host or transients.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 02-2026, passed May 5, 2026).
Full Breakdown
040(g) states that no person or business shall undertake, maintain, authorize, aid, facilitate, or advertise a noncompliant short-term rental, but clarifies that for purposes of that section, 'person' does not include a hosting platform, meaning the compliance duty in (g) falls on hosts and owners rather than the booking platform itself. 040(h), titled 'Responsibility,' reinforces that the owner is never relieved of personal responsibility or liability for noncompliance, regardless of whether the noncompliance was committed by the owner, the host, or transients. 050(h) requires liability insurance of at least $1,000,000 for renting the dwelling, and allows that insurance to be carried 'of the host, or hosting platform on behalf of the host,' with proof not required if the hosting activity is handled only through a platform that already extends similar liability coverage.
020(f) defines 'hosting platform' as a business or person providing a means, usually internet-based, through which a host may offer a unit for short-term rental and arrange stays with transients.
Violations & Fines
Because 'person' excludes hosting platforms under Section 5.100.040(g), the city's enforcement, including the public nuisance declaration and infraction fines under Section 5.100.100 and permit suspension or revocation under Section 5.100.080, runs against the host and owner, who under Section 5.100.040(h) remain personally liable for noncompliance even when a platform facilitated the booking.
Frequently Asked Questions
Is Airbnb or VRBO liable for a noncompliant Fremont short-term rental?
Can a hosting platform's insurance satisfy Fremont's STR insurance rule?
Sources & Official References
Other rules in Fremont
California rules heatmap·Compare Fremont to another location·View the California short-term rentals overview
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