San Jose, CA Short-Term Rentals: Primary-Residence-Only Rule (2026)
Key Facts
- Minimum occupancy
- 60 consecutive days as primary residence
- Applies to
- Chapter 17.23 rent-stabilized dwellings only
- Code section
- SJMC § 20.80.170, Table 20-165
- Definition source
- SJMC § 20.80.150.G
- Non-qualifying result
- Unit barred from incidental transient occupancy
Summary
San Jose requires hosts of Chapter 17.23 rent-stabilized dwellings to occupy the unit as their primary residence for at least 60 consecutive days before offering it for incidental transient occupancy under SJMC § 20.80.170.
Incidental transient occupancy is only a permitted use in a dwelling that is subject to Parts 1 - 6 of Chapter 17.23 of this Code, if the host is a person who occupies the unit that is being used for incidental transient occupancy for at least 60 consecutive days, with the intent to establish that dwelling as the host's primary residence. Payment of transient occupancy tax Transient occupancy taxes are collected and paid to the city pursuant to Chapters 4.72 and 4.74 of this Code. Transient occupancy taxes are the responsibility of the host, but may be paid by a hosting platform on behalf of a host if the incidental transient occupancy is created through a hosting platform that has an agreement with the city for collection and payment of such transient occupancy taxes. Compliance with all requirements of the housing code for dwellings Any building or portion thereof used for incidental transient occupancy shall comply with the requirements of the housing code (Chapter 17.20).
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5 Update 3).
Full Breakdown
San Jose's short-term rental rules apply citywide, but Table 20-165 under SJMC § 20.80.170 adds an extra gate for dwellings covered by Parts 1 through 6 of Chapter 17.23, the city's rent-stabilization ordinance: incidental transient occupancy is only a permitted use there if the host actually occupies that specific unit for at least 60 consecutive days, intending it as a primary residence. SJMC § 20.80.150.G defines 'primary residence' as the resident's usual place of return, documented by vehicle registration, driver's license, or voter registration. A landlord who doesn't live in the rent-stabilized unit cannot legally list it for short-term stays.
Violations & Fines
Operating incidental transient occupancy in a Chapter 17.23 unit without meeting the 60-day primary-residence test makes the use unpermitted; the city can enforce it like any other zoning violation under Title 20.
Frequently Asked Questions
Does San Jose's short-term rental primary-residence rule apply to every listing?
How does San Jose define 'primary residence' for this rule?
Sources & Official References
Other rules in San Jose
California rules heatmap·Compare San Jose 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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