Chapter 4-41 — NON-HOSTED SHORT-TERM RENTALS PROHIBITED

(Legislative History: Ordinance No. 2019-005, 5/20/19 (Sections 4-41-100—4-41-120))

The purpose of this Chapter is to prohibit the non-hosted rental of all or part of a residential dwelling unit for fewer than 30 days. The City finds it necessary to establish this prohibition to regulate non-hosted shortterm rentals of property in the interest of the public health, safety, and welfare.

The renting, letting, or operating of non-hosted short term rentals in all dwelling units, bedrooms, buildings, structures or properties within the City of San Leandro is prohibited. The penalties for renting or operating a non-hosted short term rental shall be as follows:

(a) First Notice of Violation (NOV): Misdemeanor prosecuted by City, One thousand dollars
fine or six months in jail.

(b) Second violation: One thousand dollars fine or six months in jail, declaration of a public
nuisance, and legal action by the City against host or property owner to enjoin illegal use
of the property, with pleading to include repayment of City's attorneys' fees and costs.

(c) Third violation within a two year period: One thousand dollars fine or six months in jail,
and triple damages for a second or subsequent civil or criminal judgment within a two-year
period, and repayment of City's attorneys' fees and costs. City Attorney is authorized to
bring without City Council approval an action for punitive damages for willful violation of
the Code.

As used in this Chapter:

"Non-Hosted" means that the primary occupant of the dwelling within which the rental takes place is absent from the dwelling for some or all of the rental period.

"Dwelling Unit" means one room, or a series of rooms that provides not more than one kitchen and one or more bathrooms, and is intended for occupancy by a single housekeeping unit. An individual dwelling unit is characterized by a single main pedestrian entry, with all other points of entry being visually subordinate, and an interior stairway provided between all stories.

"Bedroom" means a room used for sleeping, living, or dining purposes, excluding enclosed places (e.g., closets, pantries, bath or toilet rooms, service rooms, rooms without windows for egress, connecting corridors, laundries, unfinished attics, foyers, storage spaces, garages, cellars, utility rooms and similar spaces).