Milpitas requires every short-term rental host to carry property liability insurance of no less than $500,000, or to prove that equal-or-higher liability coverage is provided by every hosting platform through which the unit is rented. Proof of coverage is part of the permit application.
The Milpitas short-term rental ordinance (Zoning Code Section 13, XI-10-13.17) imposes a mandatory liability-insurance requirement on hosts. A host must carry property liability insurance in the amount of no less than $500,000, or alternatively prove that property liability coverage in an equal or higher amount is being provided by any and all hosting platforms through which the host will rent the unit. In other words, if a host rents through a platform such as Airbnb that provides host liability protection of at least $500,000, the host may rely on that platform coverage; but if the host uses any platform that does not provide equivalent coverage, the host must carry its own $500,000 (or greater) policy to fill the gap. Because the requirement applies to 'any and all' platforms used, a host listing on multiple sites must ensure that the $500,000 minimum is satisfied for every channel. Proof of this insurance is submitted as part of the STR permit application package that goes to the Planning Department, alongside the General Application and supplemental forms. Maintaining the coverage for the life of the annual permit is part of staying compliant; the permit is valid annually and expires each December 31, so coverage and proof should remain current through each renewal.
Operating a Milpitas short-term rental without property liability insurance of at least $500,000, or without proof that an equal-or-higher amount is provided by every hosting platform used, violates the City's short-term rental ordinance. The City imposes penalties of at least $1,000 per day for each dwelling unit in violation, accruing from the issuance of a Notice of Violation by Code Enforcement until the violation is abated. Allowing coverage to lapse during the permit term, or relying on a platform that does not actually provide the required $500,000, are independently citable.
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