Berkeley Permit Requirements Rules (2026): What You Need to Know

Berkeley adopted its short-term rental ordinance in Chapter 23C.22 of the Municipal Code to regulate the growing presence of platforms like Airbnb and Vrbo in one of the Bay Area's tightest housing markets. The ordinance was shaped by Berkeley's long history of strong renter protections, including rent control under the Berkeley Rent Stabilization and Good Cause for Eviction Ordinance, and reflects deep community concern that short-term rentals would remove units from the long-term rental market and exacerbate housing affordability challenges.

To obtain a Short-Term Rental Permit, the operator must meet several requirements. The property must be the operator's primary residence — defined as the place where the operator lives for at least 275 days per calendar year. The operator must be present on the property during the guest's stay (hosted rental only). Entire-home rentals where the operator is absent are not permitted under any circumstances. The operator must obtain a City of Berkeley Business License and register for a Transient Occupancy Tax (TOT) certificate. The current TOT rate is 12% of the rental price, which must be collected from guests and remitted to the city. The operator must maintain general liability insurance of at least $1 million covering the STR activity. A local contact person available 24 hours a day must be designated and their contact information provided to adjacent neighbors.

The permit application is submitted to the City of Berkeley Finance Department and is subject to review for compliance with all zoning, building, fire, and health and safety codes. Properties in rent-controlled units may face additional restrictions — removing a rent-stabilized unit from the long-term rental market for STR use may violate the Rent Stabilization Ordinance. The city actively monitors major booking platforms for unpermitted listings and investigates complaints from neighbors and community members.

Berkeley's STR permit framework is among the most restrictive in the Bay Area, more closely aligned with San Francisco's hosted-only approach than with the more permissive systems in cities like Oakland. The hosted-only requirement, primary residence mandate, and robust registration process are designed to ensure that STRs supplement rather than replace the city's long-term housing stock.