What is a short-term rental (STR)?
A STR is the rental of a residential dwelling unit (or portion thereof) to paying occupants on a short-term basis. STRs can vary from the rental of a single bedroom to an entire home or apartment. The duration of occupancy may also vary, but STRs are defined as the rental of any property or portion thereof (e.g., bedroom) for less than 30 days. STRs are typically advertised and booked online through various short-term rental listing services or rental agencies (e.g., Airbnb, VRBO).

Why does Fremont have a STR Ordinance?
STRs provide positive benefits, including the economic benefit of rental income for the host and increased spending in the local economy. However, if unregulated, STRs can negatively impact the long-term housing supply and result in nuisances (trash, noise, illegal parking, etc.) which affect neighborhoods. Fremont’s STR Ordinance allows STRs to continue to operate and includes provisions to address nuisance conditions that are sometimes associated with STRs.

What if I want to rent my residential dwelling unit (or portion thereof) to a paying occupant for more than 30 consecutive days?
Rentals lasting more than 30 consecutive days are not subject to the STR Ordinance.

Do I need a permit to operate a STR in Fremont?
A STR permit from the City is required to operate a STR. It is unlawful to operate a STR without a STR permit. 

What are the responsibilities of the STR host and property owner?
The property owner and/or STR host is responsible for the operation of the STR in compliance with all applicable requirements, the safety of the STR, and remittance to the City of the Transient Occupancy Tax (TOT) of 10% of the actual gross rental income generated each month. Ultimately, successful STR hosts ensure their guests have a positive experience and act as a good neighbor to others living in the neighborhood.

Who is responsible for addressing STR related complaints?
Initial complaints should be directed to the STR host and/or designated local contact person who are expected to provide a timely response. If the issue is not resolved by the host or local contact person, the complaint can be directed to City of Fremont Code Enforcement by email or by calling 510-494-4430 for additional investigation. Emergencies and criminal activity should be reported to emergency dispatch (911).

Who enforces the STR Ordinance?
The City’s Code Enforcement Division, Finance Department, and Police Department enforce the ordinance through the issuance of notices of violations and citations or any other enforcement actions necessary. The City has also hired a third-party data monitoring firm to regularly track STR activity and to inform and assist City staff with enforcement.

How do I obtain a STR permit?
STR permits can be applied for through the City’s Short-Term Rental Permit Portal.

Can I host a STR in a home that is not my primary residence?
No. STRs are only allowed in a host’s primary residence (or portion thereof), where the host is a homeowner or long-term tenant and can provide evidence of residency, such as a driver’s license, income tax statement, or property tax statement with a homeowner’s exemption.

If a homeowner wants to derive rental income from a home that is not their primary residence, they can consider renting to a medium-term or long-term tenant for more than 30 days as an alternative. Renting to tenants for longer than 30 days does not require a STR permit.

Can a tenant host a STR?
Yes, if the STR is the tenant’s primary residence and they have written permission from the property owner to host a STR and apply for a STR permit.

Are non-hosted STRs allowed in Fremont? Can a host list their STR if they are not present during the guests stay?
The STR host is not required to be present during a guests stay; however, a designated local contact person is required as part of the permit application and is required to be available at all times to respond to issues within one hour.

Is there a limit on the number of days a STR may be rented out annually? No.

How many listings or rentals per dwelling unit are allowed?
A maximum of one STR is permitted per dwelling unit at any given time. The STR listing could include the entire unit or a portion thereof.

Is there a limit on the number of STR permits a host may obtain in Fremont?
A STR host may not have more than one STR in Fremont. A host can only operate a STR in their primary residence and can only have one primary residence.

Is there a limit on the number of guests for a STR listing?
Yes. The limit is two guests per bedroom. 

Can accessory dwelling units (ADUs) or junior accessory dwelling units (JADU) be rented as a STR?
STRs are not allowed in an ADU or JADU, which is consistent with State law (California Government Code Section 65852.2) and Fremont’s ADU Ordinance (18.190.005(b)(6)). ADUs and JADUs can be rented to tenants for more than 30 consecutive days, which is not considered a STR.

What is the City’s “Good Neighbor Policy” for STRs?
The host must sign and agree to adhere to the Good Neighbor Guidelines provided by the City that summarize the general rules of conduct for guests. The host must post the guidelines for guests on the inside of the front door and the door to the backyard or in a visible location near each door.

Good Neighbor Guidelines

What are the parking requirements for STRs?
All parking associated with the STR must be entirely on site—in the garage, carport, and/or driveway—or otherwise off the public street. Parking must be only in designated or available parking spaces on the property. This requirement does not apply in established transit-oriented development (TOD) overlay districts.

Are there public noticing requirements if a hosted STR is approved by the City?
Yes. The ordinance requires the STR host to notify neighbors within 100 feet of the approved STR through a letter template provided by the City. The notification must include the host’s and local contact person’s contact information.

STR Neighbor Notification Letter Template

What if I live in a community with a Homeowners’ Association (HOA)?
All new STR permit applications require a written approval letter from the HOA who has authority over the property. STRs may be prohibited by an HOA’s covenants, conditions, and restrictions (CC&Rs). 

Do I need to renew my hosted STR permit annually? Yes.