Berkeley, CA Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- Occupant limit source
- BMC ch. 19.40, incorporated by § 23.314.050(C)
- Minimum single room
- 120 sq. ft.
- Other habitable rooms
- 70 sq. ft. minimum
- Extra sleeping-room occupant
- +50 sq. ft. each past two
- Ceiling height minimum
- 7 ft. 6 in. (7 ft. in 1-2 family homes)
Summary
Berkeley does not put a flat headcount on a short-term rental; Section 23.314.050(C) sends the occupant limit to the Housing Code, whose floor-area math in Section 19.40.030 requires at least 120 square feet in one room and adds 50 square feet for every sleeping-room occupant past two.
C. Number of Occupants. The maximum number of short-term rental transients allowed for a short-term rental unit is as provided in Municipal Code Chapter 19.40 (Uniform Housing Code). ... 303.2. Floor Area. Dwelling units and congregate residences shall have at least one room which shall have not less than 120 square feet of floor area. Other habitable rooms, except kitchens, shall have an area of not less than 70 square feet. Where more than two persons occupy a room used for sleeping purposes, the required floor area shall be increased at the rate of 50 square feet for each occupant in excess of two.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 8031-NS, passed July 28, 2026).
Full Breakdown
40, the Housing Code. 2, Floor Area, a dwelling unit or congregate residence must have at least one room with not less than 120 square feet of floor area, and other habitable rooms besides kitchens need at least 70 square feet. The occupancy limiter that matters most for short-term rentals is the next sentence: where more than two persons occupy a room used for sleeping purposes, the required floor area increases at the rate of 50 additional square feet for each occupant beyond two. In practice that means a host cannot simply post a headcount; the number of transients a bedroom can legally sleep is set by that room's square footage divided against the 50-square-foot-per-extra-person formula, with a citywide floor of 70 square feet before any occupant beyond the first two is added.
030 also carries a companion ceiling-height standard, requiring habitable spaces to have a ceiling height of not less than 7 feet 6 inches (7 feet in one- and two-family dwellings), which the Housing Code applies alongside the floor-area rule when the Building Official evaluates whether a room can be counted as habitable sleeping space at all for occupancy purposes.
Violations & Fines
Renting a short-term rental unit to more transients than its rooms support under the Section 19.40.030 floor-area formula, as incorporated by Section 23.314.050(C), is enforced under BMC Sections 1.20 (General Penalty) and 1.28 (Administrative Citations), and an overcrowded unit generating neighbor complaints can also be pursued as a public nuisance subject to abatement under Sections 1.24, 1.26 and 23.414.
Frequently Asked Questions
How many guests can stay in a Berkeley short-term rental?
What is the minimum room size for a Berkeley rental to sleep guests?
Does Berkeley check ceiling height when counting occupants?
Sources & Official References
Other rules in Berkeley
California rules heatmap·Compare Berkeley to another location·View the California short-term rentals overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
Occupancy Limits in Nearby Cities
How other cities in Alameda County handle occupancy limits.