Santa Clara, CA Short-Term Rentals: Host Presence Rule (2026)
Key Facts
- Host presence test
- Host present within the unit
- ADU hosted test
- Primary unit must be owner-occupied
- Contact availability
- 24 hours a day, 7 days a week
- Response time
- On-site within 60 minutes
- Applies to
- All registered STRs, hosted or not
- Governing section
- SCCC § 18.60.250(C)(2)(c), (C)(3)
Summary
Santa Clara defines who counts as a host for short-term rental purposes and backs that presence with round-the-clock accountability. An accessory dwelling unit only qualifies as hosted if the primary unit on the lot is owner-occupied, and every host, present or not, must staff a local contact reachable 24/7 who can respond on-site within 60 minutes.
For purposes of this section, Accessory Dwelling Units are considered hosted if the primary unit is owner-occupied. ... Local Contact Person. For short-term rentals, hosts shall provide the City, all short-term renters and all occupants of adjacent properties, the name and contact information of a local individual who shall be available 24 hours per day, seven days per week, during the term of the stay. The host or designated local contact person shall: Respond on-site within 60 minutes to complaints regarding a condition or operation of the short-term rental or the conduct of the short-term renters; and Take remedial action to resolve any and all complaints.
Full Breakdown
250 of the Zoning Code ties the entire short-term rental program to whether a host is actually present. For a standard unit, hosted status turns on the host physically staying within the dwelling during the rental. For an Accessory Dwelling Unit, the ordinance extends that presence test to the property as a whole: the ADU is considered hosted, for purposes of the annual-limit rule, only if the primary unit on the same lot is owner-occupied, regardless of who, if anyone, is inside the ADU during the stay.
Because hosted status is what unlocks the unlimited-day allowance instead of the 90-day cap that applies to unhosted rentals, this presence definition is the mechanism that determines a host's legal exposure under the program. The ordinance backstops the presence concept with a mandatory Local Contact Person requirement that applies to every registered short-term rental, hosted or unhosted. The host must give the City, every short-term renter, and every occupant of an adjacent property the name and contact information of a local individual available 24 hours a day, seven days a week for the duration of each stay.
That contact person, or the host personally, must respond on-site within 60 minutes to any complaint about the rental's condition, operation, or the conduct of the short-term renters, and must take remedial action to resolve the complaint. In practice this means a Santa Clara host can never be legally unreachable: even an unhosted rental still requires a designated person capable of showing up in person within an hour of a neighbor's call.
Violations & Fines
Falsely claiming an Accessory Dwelling Unit is hosted, or failing to designate a reachable local contact person, exposes the registration to revocation under Section 18.60.250 for fraud, misrepresentation, or a false statement in the application or operation of the rental. A local contact person who does not respond on-site within 60 minutes to a neighbor complaint, or fails to take remedial action, likewise puts the registration at risk of revocation.
Frequently Asked Questions
Does my host have to physically live in the rental unit?
How does Santa Clara treat an ADU rented as a short-term rental?
What is the local contact person requirement?
Sources & Official References
Other rules in Santa Clara
California rules heatmap·Compare Santa Clara to another location·View the California short-term rentals overview
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Host Presence Rule in Nearby Cities
How other cities in Santa Clara County handle host presence rule.