Short-Term Rental Regulations in San Leandro

The City of San Leandro has adopted two ordinances to regulate the short-term rental of housing or dwelling units in the City.  Short-term rentals (STR) are defined as rental of part or all of a residential dwelling unit to paying occupants for less than 30 days. The types of STRs permitted in San Leandro include the rental of a single family home, apartment unit, or a bedroom in a home. However, the City prohibits the use of accessory dwelling units (i.e., in-law units, secondary dwelling units) for STRs. STRs are typically advertised and booked through online platforms such as Airbnb and VRBO.

Find a list of Frequently Asked Questions (FAQ) about the STR ordinances and related procedures.

NOTE: DURING THIS FIRST YEAR THAT THE HOSTED STR ORDINANCE IS BEING IMPLEMENTED, THE CITY SHALL PROVIDE A REASONABLE PERIOD FOR WILLING HOSTED STR OPERATORS TO COMPLY WITH THE NEW LAW. THE CITY HAS ALREADY NOTIFIED MANY PUBLICLY IDENTIFIED OPERATORS THAT THERE WILL BE A 60 DAY GRACE PERIOD TO OBTAIN THE APPROPRIATE CITY APPROVALS TO LEGALIZE THEIR HOSTED STR DWELLING UNITS.

YOU MUST REGISTER ONLINE AT https://sanleandro.hdlgov.com/ FOR A NEW BUSINESS LICENSE BETWEEN NOW AND NOVEMBER 29, 2019, THEN YOUR 2020 BUSINESS LICENSE RENEWAL NOTIFICATION WILL BE EMAILED TO YOU.  THE HOSTED STR APPLICATION AND PERMIT FORM CAN BE FOUND AT THIS SAME WEBSITE AND MUST BE COMPLETED AND FILED WITH THE FINANCE DEPARTMENT FOR REVIEW AND APPROVAL.  THE CITY WILL NOT ASSESS A BUSINESS LICENSE TAX FOR 2019. 

THE HOSTED STR BUSINESS WILL BE TAXED FOR CALENDAR YEAR 2020 (JANUARY 1, 2020 – DECEMBER 31, 2020), BUSINESS LICENSE BASE RATE $141.50, AND PER UNIT RATE $12.80. TRANSIENT OCCUPANCY TAX (TOT) OF 14% OF ACTUAL GROSS RENTAL INCOME IS DUE MONTHLY FROM JANUARY 1, 2020 TO DECEMBER 31, 2020 AND CAN BE FOUND AT www.sanleandro.org/depts/finance/licenses/default.asp.

NON-HOSTED SHORT-TERM RENTALS

On May 20, 2019, the City Council adopted an ordinance (Title 4, Chapter 4-41 of the San Leandro Municipal Code), which became effective on June 19, 2019, prohibiting non-hosted STRs in the City. In a non-hosted STR, the primary occupant of the dwelling unit within which the rental takes place is absent from the dwelling for some or all of the rental period. A person who operates a non-hosted short-term rental may be subject to fines of $1,000 per violation and legal action by the City, including criminal prosecution.  To view the non-hosted STR Ordinance, click here. 

HOSTED SHORT-TERM RENTALS

On June 3, 2019, the City Council adopted an ordinance (Title 4, Chapter 4-40 of the San Leandro Municipal Code), which became effective on July 3, 2019, allowing and regulating hosted STRs in the City. In a hosted STR, the primary occupant of the dwelling unit within which the rental takes place occupies the dwelling during the entire rental period. To view the hosted STR Ordinance, click here.

To legally operate a hosted STR, an applicant must first obtain a City business license and a STR permit, and be subject to the transient-occupancy tax (TOT). 

Applying for Your Business License

The first step is to register for a business license by November 29, 2019, which you may do online.   The business license application may be submitted online pending approval of the Hosted STR Application and Permit.  This form must be completed and submitted directly to the Finance department.  To learn more about applying for a business license, go to https://sanleandro.hdlgov.com. If you have questions on the business license application process, you may also call 510-809-3133 or 510-577-3378. 

Applying for a Hosted Short-Term Rental Permit

The second step is to complete and submit a hosted STR permit application to the City Finance Department either in person, by email to BLMessage@sanleandro.org or by mail to:

City of San Leandro Finance Department

ATTN: BUSINESS LICENSE

835 East 14^th Street, Suite 215

San Leandro, CA 94577

The approval of the permit application by the City shall constitute approval of the hosted STR permit.  A business license will not be issued until the hosted STR application permit is approved.  Upon approval of the business license and STR permit, the Community Development Department will notify the adjacent property owners of the permittee’s approved business license and permit. For questions regarding the hosted STR permitting process, please contact 510-577-3378.  If the hosted STR application permit is not approved, and the operator is unable to comply with the regulations, then the business license will not be issued.

Renewing Your Hosted Short-Term Rental

In addition to renewing the business license annually, a hosted STR permit which has not been surrendered, suspended, or revoked may be renewed annually for subsequent periods upon the following conditions: 

• A renewal application (NOT AVAILABLE YET FOR POSTING) for a hosted STR permit needs be filed either in person, via email to BLMessage@sanleandro.org or by mail to the address listed above in “Applying for a Hosted Short Term Rental Permit.” It shall be submitted to the Finance Department before it expires on December 31st, and include any changes from the original permit application for the renewal period.
• The Finance Director will review the renewal application and evaluate factors including any outstanding violations or complaints. The Finance Director may request additional information from the permittee in order to complete the review.
• Upon completion of the review, the Finance Director will determine whether to renew the application and business license, and should promptly inform the renewal applicant of his/her decision. If the hosted STR permit is renewed, then the new business license for the renewal period will be issued. In renewing the short-term rental permit application, the Finance Director may modify or delete any existing conditions of approval, and impose any new conditions of approval, as he/she deems appropriate. If the permit is not renewed, the Finance Director shall provide a written explanation to the renewal applicant detailing the reasons for the non-renewal, and the renewal applicant will be required to immediately cease operating the hosted STR. Consequently, the business license revocation process should be initiated by the Finance Director.

For questions on the business license renewal process, please contact 510-809-3133 or 510-577-3378. For questions on the hosted STR permit renewal process, please contact 510-577-3378.

QUICK LINKS & FORMS

• Hosted Short-Term Rental Application & Permit Form
• Business License Online Registration
• Short-Term Rental Ordinances Frequently Asked Questions
• Non-Hosted Short-Term Rental Ordinance
• Hosted Short-Term Rental Ordinance
• City of San Leandro Department of Finance

ADDITIONAL RESOURCES

Below are additional resources to assist hosted STR operators to comply with the “good neighbor policy” requirement under Section 4-40-130(e ) and (h) of the Hosted STR ordinance (Title 4 of the Municipal Code):

• City Noise Ordinance
• San Leandro Dining Guide - Neighborhood information including but not limited to local restaurants, food markets, retail stores, and other points of interest. Host operators are also welcome to prepare their own neighborhood info guides for their guides.