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Daly City, CA Short-Term Rentals: Primary-Residence-Only Rule (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Primary Residence
Required - host lives there 265+ days/year
Vacation Rentals
Prohibited citywide
Eligible Housing
Single-family, condo, duplex, townhome, multi-unit (host's unit only)
Income-Restricted Units
STRs not permitted
Properties with ADU/JADU
STRs not permitted
Proof
Notarized affidavit + 2 residency documents

Summary

Daly City allows short-term rentals only in the host's primary residence, where the host lives at least 265 days per year. Non-owner-occupied vacation rentals are prohibited citywide, and STRs are banned in income-restricted units and on any property with an ADU or junior ADU.

A. Short-term rentals shall be permitted in single-family residences, condominiums, duplexes, townhomes, and properties with multiple rental units. For owner-occupied properties with multiple rental units, the owner of such property may only host a short-term rental in the dwelling unit that is their primary residence. B. Short-term rentals shall not be permitted in inclusionary housing or other income-restricted housing units or on properties with accessory dwelling units or junior accessory dwelling units. C. Vacation rentals, as defined in this Chapter, are prohibited and shall not be operated in the City. [Definition, 5.92.030:] 'Primary residence' means a host's permanent residence or usual place of return for housing as documented by evidence of occupancy as determined by the Finance Department and Planning Department. A person may only have one primary residence and must reside there a minimum of 265 days per year.

Full Breakdown

040 (Eligibility, added by Ordinance No. 1440) permits short-term rentals in single-family residences, condominiums, duplexes, townhomes, and properties with multiple rental units - but for owner-occupied multi-unit properties, the owner may only host in the dwelling unit that is their primary residence. Short-term rentals are not permitted in inclusionary housing or other income-restricted housing units, or on properties containing an accessory dwelling unit or junior accessory dwelling unit. 030 as dwelling units that are not a primary residence but are offered for temporary lodging for compensation - are prohibited and may not be operated anywhere in the City.

The ordinance defines a primary residence as the host's permanent residence or usual place of return for housing, documented by evidence of occupancy as determined by the Finance and Planning Departments; a person may only have one primary residence and must reside there a minimum of 265 days per year. Applicants must submit a notarized affidavit of primary residency plus two corroborating documents (state-issued ID and a utility bill, property tax bill, credit card bill, voter registration, or bank statement).

Violations & Fines

Operating a vacation rental (a non-primary-residence STR), hosting in an income-restricted unit, or hosting on a property with an ADU/JADU violates Section 5.92.040 and exposes the operator to administrative fines under Chapter 8.16, permit denial or revocation, and disgorgement of illegal rental revenue under Section 5.92.080.

Frequently Asked Questions

Can I run an Airbnb in a Daly City house I do not live in?
No. Daly City Municipal Code Section 5.92.040.C prohibits vacation rentals - dwelling units that are not the host's primary residence offered for short-term lodging - anywhere in the City. The rental must be in the home where you reside at least 265 days per year.
Can I do short-term rentals if my property has an ADU?
No. Short-term rentals are not permitted on properties with accessory dwelling units or junior accessory dwelling units, and they are also banned in inclusionary or other income-restricted housing units.
How does Daly City verify primary residency?
Applicants must submit a notarized affidavit plus a valid state-issued driver's license or ID card and one of the following: a utility bill, property tax bill, credit card bill, voter registration, or bank statement. The Finance and Planning Departments determine whether the evidence of occupancy is sufficient.

Sources & Official References

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