Berkeley, CA Short-Term Rentals: Primary-Residence-Only Rule (2026)
Key Facts
- Core rule
- STRs allowed only in host residence
- Residence test
- Principal residence, indicia-based
- Proof examples
- DMV registration, driver's license, voter reg.
- Related bars
- No BMR units; 5-yr bar after no-fault eviction
Summary
Berkeley bans short-term rentals everywhere except the host's own principal residence. Section 23.314.040(A) states it flatly, and Section 23.314.020(A)(5) defines that residence by where the host actually lives, sleeps, and returns, not by ownership alone.
5. Host Residence. A host's principal place of residence, as defined by whether the host carries on basic living activities at the dwelling place and, whether such dwelling place is the host's usual place of return. Motor vehicle registration, driver's license, voter registration or other evidence as may be required by the City shall be indicia of principal residency. ... A. Host Residence. Short-term rentals are permitted only in the host residence.
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
040(A), titled 'Host Residence,' is one sentence: short-term rentals are permitted only in the host residence. That single line rules out non-owner-occupied investment properties, second homes, and whole standalone rental units with no resident host, unless they fall under the accessory-building exception discussed elsewhere in the chapter. 020(A)(5) as a host's principal place of residence, measured by whether the host carries on basic living activities there and whether it is the host's usual place of return; the City treats motor vehicle registration, a driver's license, voter registration, or other evidence it may require as indicia of principal residency.
050(A) separately requires an owner-host to document owner-host and host-residence status, and a tenant-host to document lessee status, host-residence, and, where relevant, host presence, before the Planning and Development Department will treat a unit as eligible. 76.
Violations & Fines
Operating a short-term rental in a unit that is not the host's documented principal residence is enforced under BMC Sections 1.20 (General Penalty) and 1.28 (Administrative Citations) and can be treated as a public nuisance subject to abatement under Sections 1.24, 1.26 and 23.414, with any Berkeley resident able to seek injunctive relief after 30 days' notice to the City and host under Section 23.314.060(B).
Frequently Asked Questions
Can I run a short-term rental out of a house I own but don't live in?
How does Berkeley decide where I actually live?
Can a below-market-rate unit be rented as an Airbnb?
Sources & Official References
Other rules in Berkeley
California rules heatmap·Compare Berkeley to another location·View the California short-term rentals overview
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Primary-Residence-Only Rule in Nearby Cities
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