Daly City caps un-hosted short-term rental stays (host off-site) at 100 days per year. Hosted stays, where the host remains on-site during the guest's stay, face no annual limit.
Daly City Municipal Code Section 5.92.050.C.a (added by Ordinance No. 1440, effective January 1, 2021) limits un-hosted stays to a maximum of 100 days per year, while imposing no limit on hosted stays. The ordinance's definitions in Section 5.92.030 distinguish the two: a 'hosted stay' is a home-sharing activity whereby the host remains on-site throughout the guest's stay (except during daytime and/or work hours), and an 'un-hosted stay' is one where the host remains off-site during the guest's stay. Hosts indicate on the permit application whether they propose hosted stays, un-hosted stays, or both. Because all short-term rentals must occur in the host's primary residence (where the host resides at least 265 days per year), the 100-day un-hosted cap operates alongside the residency requirement - a host cannot convert a home into a full-time whole-home rental. Hosts must keep records of the number and length of each stay, which the Finance and Planning Departments may inspect, and must submit the prior year's records at renewal, giving the City the data needed to verify compliance with the cap.
Exceeding 100 un-hosted rental days per year violates Section 5.92.050.C. Violations count toward the three-strike renewal bar in Section 5.92.080.B and can lead to permit suspension or revocation, administrative fines under Chapter 8.16, and repayment of illegally obtained rental revenue.
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