Overview and Key Takeaways

• Short-term rentals are allowed in Emeryville, CA. The City permits hosted short‑term rentals (owner on‑site) with no annual day cap and allows unhosted short‑term rentals (owner off‑site) capped at 90 days per calendar year. Only single‑family homes that are the owner’s primary residence are eligible. A City permit is required, and hosts must collect and remit a 14% Transient Occupancy Tax (TOT). These rules apply to rentals of fewer than 30 days.
• This guide is investor‑focused and pulls directly from Emeryville’s municipal code, city resources, and local reporting. If additional city‑specific STR rules exist beyond the sources, they should be verified directly with the City before listing.

1. Market Eligibility and Restrictions in Emeryville

• Property eligibility
  • Only single‑family homes are eligible.
  • The unit must be the owner’s primary residence to qualify for STR use.
• Hosting model and caps
  • Hosted STRs (owner on‑site throughout the guest stay): allowed with no annual day limit.
  • Unhosted STRs (owner off‑site): capped at 90 days per calendar year.
• Unit type limitations and tenancy overlap
  • The City’s Residential Landlord & Tenant Relations Ordinance treats hotels, motels, and short‑term rentals as exempt so long as the tenant does not occupy for more than 30 consecutive days. Evicting or forcing re‑registration to avoid 30‑day protections is prohibited. For STR purposes, rentals fewer than 30 days are recognized as short‑term.
• Transient Occupancy Tax (TOT)
  • A 14% TOT applies and must be collected from guests and remitted to the City.

2. How to Start a STR Business in Emeryville The following sequence aligns with how other Bay Area cities implement STR rules and how Emeryville structures business licensing and planning permissions. Always confirm current requirements with the City.

• Step 1: Verify zoning and property eligibility
  • Confirm the property is a single‑family home and your primary residence.
  • Confirm that HOA/CC&R rules do not prohibit STRs.
• Step 2: Obtain required City approvals
  • Short‑Term Rental Permit (Planning Division).
  • Business License (City business licensing is required for residential landlords and rental businesses).
• Step 3: Tax registration and compliance
  • Register for and collect the 14% TOT; set up remittance according to City procedures.
• Step 4: Safety, habitability, and good‑neighbor compliance
  • Meet building/fire life‑safety standards; follow posted quiet hours; manage parking and trash to minimize neighborhood impacts.
• Step 5: Platform and listing compliance
  • Include required identifiers, permit number, and local rules in listings; ensure your platform account is configured for tax collection if applicable.
• Step 6: Ongoing operations
  • Track hosted vs unhosted days; keep records for TOT remittance; respond to complaints; renew permits/licenses annually or as required.

3. Required Documents, Permits, Licenses, and Guidelines Based on the sources and standard Emeryville permitting/licensing frameworks:

• Short‑Term Rental Permit
  • Issued by the Planning Division (municipal code reference provided in sources).
  • Content and fee schedule should be confirmed directly with Planning.
• Residential Landlord Business License
  • Required for landlords of covered residential rental units and broadly relevant for rental businesses; apply through the City’s Business License process.
• Transient Occupancy Tax (TOT) Registration
  • Required to collect and remit the 14% TOT; registration instructions and remittance schedule should be confirmed with the City’s Finance/Tax office.
• Safety and habitability
  • Compliance with building and fire codes; ensure functioning smoke/CO detectors and fire extinguishers; maintain plumbing, electrical, and structural integrity.
• Good‑neighbor requirements
  • Quiet hours compliance; no large parties or events; parking and trash management; liability insurance is recommended (best practice, required in many peer cities).
• Advertising standards
  • Include permit/business license identifiers and follow local ad content rules where applicable.

Note: The City’s Tenant Protection and related pages are focused on landlord‑tenant relations rather than STRs and do not provide STR permit forms. Direct contact with the Planning Division is necessary for STR forms, fees, and current checklists.

4. Specific Regulations: City, County, and State

• City of Emeryville (municipal code reference provided)
  • Allowed: Hosted STRs (no cap) and unhosted STRs (≤90 days/year); property must be a single‑family home and owner’s primary residence.
  • Prohibited/limited: Non‑primary residences; non‑single‑family property types; unhosted rentals beyond 90 days; and other restrictions as set by the Planning Division and business license conditions.
  • Exemptions and definitions: Hotels, motels, and STRs are treated distinctly from standard tenancies in the City’s landlord‑tenant ordinance; stays over 30 consecutive days are not considered STRs.
• Alameda County
  • The sources do not provide county‑specific STR rules. In many California counties, county rules apply primarily in unincorporated areas. Confirm any county requirements if your property is outside Emeryville city limits.
• State of California (AB 1482 – Tenant Protection Act of 2019)
  • Rent caps and just‑cause eviction protections apply to many residential tenancies. Emeryville has a local just‑cause ordinance; however, AB 1482 still applies to aspects beyond local regulation (e.g., rent increase limits in covered units).
  • For investors: AB 1482 typically does not govern bona fide STRs under 30 days, but consult counsel on whether any rental arrangements could be interpreted as a tenancy under state law.

5. Contact Information and Next Steps

• City of Emeryville – Main
  • Address: 1333 Park Ave, Emeryville, CA 94608
  • Phone: 510‑596‑4300
  • Hours: Mon–Thu 9:00 AM–12:00 PM; 1:00 PM–5:00 PM; Fri by appointment only
  • Website: www.emeryville.org
• Planning Division (for STR permit)
  • Visit: City website → Development → Planning Division; or Permits section for Planning Permits.
  • Notes: Contact Planning directly for STR permit forms, fees, and the current application checklist.
• Business Licensing (for landlord/business license)
  • Visit: City website → Services → Business → Business License; or Government → Departments → City Clerk/Finance.
  • Action: Apply for a residential landlord business license (and any STR‑specific license if required).
• Finance/Tax (for TOT registration)
  • Action: Call 510‑596‑4300 and ask for the Finance/Tax office to register for TOT, obtain remittance instructions, and confirm filing cadence.

6. Source Links

• City of Emeryville – Tenant Protection Resources (includes definition/exemptions relevant to STRs): www.emeryville.org/Services/Housing/Tenant-Resources/Tenant-Protection-Resources
• Alameda Post – Planning Board discusses regulating short‑term rentals (includes a city comparison table noting Emeryville rules): alamedapost.com/news/planning-board-considers-regulating-short-term-rentals/
• RentBumper – STR Regulations: Northern CA (notes Emeryville allowances and cap; municipal code link reference): www.rentbumper.com/short-term-rental-regulations-northern-california/
• City of Emeryville – Municipal Code (short‑term rentals reference section; use to confirm details, definitions, and procedures): www.codepublishing.com/CA/Emeryville/#!/Emeryville09/Emeryville095.html#9-5.2101

Operational Guidance for Investors

• Due diligence: Before purchasing, verify with Planning that the subject property qualifies (single‑family, primary residence). Confirm HOA/CC&Rs do not prohibit STR operations.
• Financials: Model the 90‑day cap on unhosted rentals. If you need more capacity, structure operations as hosted rentals, recognizing the on‑site presence requirement.
• Compliance infrastructure: Track nights by hosting type; maintain TOT remittance records; adopt a standardized good‑neighbor policy; ensure safety devices are current and documented.
• Risk management: Liability insurance is strongly advised (common requirement in nearby cities). Set quiet‑hours, occupancy, and parking rules in your house rules; include clear enforcement steps for guest violations.
• Renovation/conversion: If converting space (e.g., ADUs), confirm STR eligibility. The sources indicate STRs are limited to single‑family homes; ADU STRs appear constrained or not permitted under the City’s current framework.

Disclaimer

• This guide is based solely on the provided sources. The municipal code link should be treated as the controlling reference for definitions, caps, and procedures. Permit forms, fees, and enforcement practices can change; confirm with the City before listing. This document is not legal advice; consult qualified counsel for transaction‑specific guidance.