Short Term Rental Program
The term "short term rentals" (STRs) pertains to the rental of existing residential units to occupants on a short-term basis, generally less than 30 days.The City of Burlingame's short-term rental program has been established to:
- Allow limited short-term rental uses while preventing the loss of housing stock;
- Preserve residential character and establish operating standards to reduce potential noise, parking, traffic, property maintenance and safety impacts on adjacent neighbors; and
- Provide a registration process for the City to track and enforce these requirements as needed and ensure appropriate collection of transient occupancy
"Un-hosted" short-term rentals (where an entire home or apartment is rented without the owner or primary resident onsite) are allowed up to 120 days per year. There is no limit on "hosted" rentals where the owner or primary resident is onsite.
The City's Short Term Rental Ordinance (Municipal Code Chapter 6.56) sets forth the following requirements:
- Primary Residency: Short-term rental operators must provide proof of primary residence, which would demonstrate that the homeowner or long-term renter lives at the residence a majority of the year.
- Limited Un-hosted Rental Days: Un-hosted short-term rentals (where the owner or primary resident is not onsite) are limited to 120 days per year. There is no limit on hosted rentals where the owner or primary resident is onsite.
- Prohibition of Special Events: The ordinance prohibits special events such as weddings, parties, and commercial functions.
- Limiting Number of Concurrent Listings: The ordinance limits the number of concurrent listings to one listing for the same primary residence on the same days.
- Onsite Parking: The ordinance requires that any onsite parking, including garage and driveway, is made available to short-term renters.
- Authorized Agent Requirement (Local Contact Person): The ordinance requires that an authorized agent is made available 24 hours per day, 7 days per week during the term of any un-hosted stay. The authorized agent must be identified on the Short-Term Rental Application, and the agent must respond to telephone and email messages within 30 minutes and must be on site within one hour of notification of complaints regarding condition or operation of the dwelling unit or the conduct of guests and take remedial action to resolve such complaints.
- Noise and Refuse and Recycling Requirements. The ordinance requires that short-term rentals comply with the City’s Noise Ordinance as well as meet standards regarding refuse and recycling for the short-term rental.
- Transient Occupancy Tax (TOT) Collection: The ordinance requires that transient occupancy taxes be collected for short-term rentals and paid to the City.
Business License - The Municipal Code requires that any person who engages in a business in Burlingame must obtain and maintain a valid business license. Short-term rental operators are required to obtain a business license and provide verification as part of the registration process. The business license application fee is $35.00 and the license is $100.00 annually, together with an AB1379 state fee of $4.00. Click here for information on Business License application/payment requirements.
It is important for hosts/operators to adhere to the requirements for operating a short-term rental. Owners are also responsible for ensuring their renters and their guests comply with this Ordinance.