What properties are ineligible for short-term rentals?

Certain types of properties are never eligible for short-term rental. Please email Short Term Rentals if you are not sure how your property is classified.

  1. Income-restricted affordable housing, including Below-Market-Rate (BMR) units and public housing.
  2. Legally-established Accessory Dwelling Units (ADU); which are a specific type of "in-law" or "granny flat" approved by the Department of Building Inspection. Only rentals/listings for 30 days or longer, per guest (30-day minimum stay), are allowed in ADU. Short-term rentals hosts must live in the same individual dwelling unit, so they could not reside in the main unit and utilize the "ADU" for short-term rentals (or vice versa).
  3. Sleeping quarters in most shipping containers and outdoor areas, including tipis (teepees) and tree houses.
  4. Sleeping quarters in vans or (RV) recreational vehicles (this may also violate the Police Code). RV are not considered residential units.
  5. Non-residential areas within buildings, such as living/sleeping quarters added in garages.
  6. Commercial office/retail or industrial (warehouse) spaces.

Show All Answers

1. What is a short-term rental?
2. What is a "host"?
3. How do I register with the City of Milpitas as a business and a short term rental?
4. Did the primary law on short-term rentals change?
5. What are the rules for Live / Work Units?
6. What properties are ineligible for short-term rentals?
7. Are there any fees associated with operating a short-term rental?
8. What are the laws regarding other types of rentals?