Berkeley requires the permitted host to physically reside on the property for any short-term rental booking under 14 consecutive nights, mirroring its strict primary-residence framework adopted in 2017.
Under BMC Chapter 23.328, Berkeley short-term rentals must be hosted, meaning the permanent resident sleeps on the same parcel during each booking. Whole-home, unhosted rentals are limited to 90 calendar days per year and must still occur at the host's primary residence. The Rent Stabilization Board enforces the rule alongside the City Manager. Violations trigger administrative fines plus potential permit revocation. The hosted-only design protects Berkeley's tight rental supply and aligns with Costa-Hawkins carve-outs that already exclude pre-1995 stock from rent caps.
Operating an unhosted short-term rental beyond 90 nights or hosting without onsite presence triggers fines starting at 500 dollars per violation and may revoke the STR permit.
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