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"RENTAL DWELLING UNIT LICENSE" is required in SBC when renting your home long-term. But how many do?

Updated: Feb 5

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RENTAL DWELLING UNIT LICENSE PROGRAM RESOURCES & CONTACTS The following County Departments can provide additional information about the Rental Dwelling Unit License program:

Clerk of the Board of Supervisors Rental Dwelling Unit License Program, license applications and fee waiver (909) 387-3841 Environmental Health Services Health safety requirements and permits 1-800-442-2283

County Sheriff's Public Affairs Division Crime-Free Multi-Housing Program (909) 387-3700 Code Enforcement Report non-licensed rental dwellings (909) 884-4056 County Fire Fire safety requirements and permits (909) 386-8400 Building & Safety Building safety requirements and permits (909) 387-8311 COUNTY OF SAN BERNARDINO RENTAL DWELLING UNIT LICENSE The Rental Dwelling Unit License Program is coordinated by Clerk of the Board of Supervisors County of San Bernardino 385 N. Arrowhead Ave, 2nd Floor San Bernardino, CA 92415-0130 Phone (909) 387-3841 Visit us on the web at: www.sbcounty.gov/cob (since bringing attention to this link, they've removed the link) Clerk of the Board of Supervisors County of San Bernardino 385 North Arrowhead Ave., 2nd Floor San Bernardino, CA 92415-0130 909-387-3841

RENTAL DWELLING UNIT LICENSE On February 5, 2008, the San Bernardino County Board of Supervisors adopted Ordinance 4044 which requires that a “Rental Dwelling Unit License” be obtained annually for all rental dwellings in the unincorporated areas of the County. This requirement applies to all single and multi-family dwellings, except for specific exclusions described in the Ordinance. Several key provisions of the Rental Dwelling Unit License program are summarized in this brochure. LICENSE REQUIREMENT Every owner of one or more rental properties in County unincorporated (non-city) areas is required to obtain a Rental Dwelling Unit License. This license applies to rentals lasting 30 or more consecutive days in any consecutive 12-month period and is in addition to any other State or County requirements, including health permits that may be required by the Environmental Health Division of the County Public Health Department. Rental properties requiring a license generally include single family homes, apartments, condominiums, and multi- family dwellings. The following types of properties, as defined within the Ordinance, are exempt from the licensing requirement: hotels/motels (NOTE: Operation of a hotel or motel in an unincorporated area requires a valid San Bernardino County Hotel/Motel Business License, which can be obtained from the Clerk of the Board); hospitals; community and medical care facilities; convents, monasteries; fraternity/sorority houses; housing owned, operated or managed by an educational institution for occupancy by students; housing owned, operated or managed by the federal, state or local government; mobile homes and recreational vehicles; dwellings that have a valid short-term private home rental permit; owner occupied single family dwellings; owner occupied or unoccupied single or multi-family dwellings if rented/leased entirely to members of the owner’s family. OBTAINING A LICENSE The owner of one or more rental dwellings in the County unincorporated area must complete and submit a Rental Dwelling Unit License application along with the license fee, as set forth in the San Bernardino County code schedule of fees, to the Clerk of the Board of Supervisors office at 385 North Arrowhead Avenue, 2nd Floor, San Bernardino, CA 92415- 0130. Only one application, and one fee, is required per owner, provided the application lists all properties to be licensed. The application form can be obtained by visiting the Clerk of the Board office or the Clerk’s website at www.sbcounty.gov/cob. The license is issued by the Clerk of the Board for a period of one year. LICENSE FEE WAIVER Owners who participate in the International Crime Free Multi-Housing Program, which is offered by the San Bernardino County Sheriff’s Public Affairs Division and other law enforcement agencies, may apply for a waiver of the license fee. To qualify for a fee waiver, the applicant must submit the following documents with the license application: 1) a valid certificate of completion of the training course, issued in the name of the owner or the owner’s authorized representative; 2) a valid final certification for each property listed on the application. Additional information about the International Crime Free Multi-Housing Program can be obtained from the San Bernardino County Sheriff’s Public Affairs Division. VIOLATION & PENALTIES Rental dwelling units operating in a manner contrary to the requirements set forth in Ordinance No. 4044 shall be declared unlawful and a public nuisance. The County may commence actions for the abatement, removal and/or enjoinment of the property, as well as other legal or criminal proceedings. In addition, violation of the provisions of the Ordinance will be considered an infraction or misdemeanor as described in the County Code. ORDINANCE NO. 4044 AN ORDINANCE OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ADDING CHAPTER 25 TO DIVISION 1 OF TITLE 4, ADDING SUBSECTION 16.026(q) TO CHAPTER 2 OF DIVISION 6 OF TITLE 1, AND ADDING CHAPTER 26 TO DIVISION 1 OF TITLE 4, ALL OF THE SAN BERNARDINO COUNTY CODE, RELATING TO THE LICENSING OF RENTAL DWELLING UNITS. The Board of Supervisors of the County of San Bernardino, State of California, ordains as follows: SECTION 1. Chapter 25 is added to Division 1 of Title 4 of the San Bernardino County Code, to read: Title 4 BUSINESS AND SPECIAL LICENSES, REGULATIONS BUSINESS LICENSES AND REGULATIONS Rental Dwelling Units. 41.2501 Findings and Declarations. 41.2502 Definitions and Scope. 41.2503 License Required. 41.2504 Duration of License. 41.2505 License Non-Transferable. 41.2506 Application for License, Standards of Operation, License Application

Fee and Renewal of License. 41.2507 Issuance or Renewal of License. 41.2508 License Denial. 41.2509 Revocation of License. 41.2510 License Revoked. 41.2511 Appeal Rights. 41.2512 Violations. 41.2513 Abatement. 41.2514 Severability.

41.2501 Findings and Declarations. The Board of Supervisors finds and declares as follows: (a) It is found and declared that there exist in the County of San Bernardino, substandard and unsanitary residential buildings and dwelling units, the physical conditions and characteristics of which render them unfit or unsafe for human occupancy and habitation, and which conditions and characteristics are such as to be detrimental to or jeopardize the health, safety and welfare of their occupants and of the public. (b) It is further found and declared that the existence of such substandard buildings and dwelling units threatens the physical, social and economic stability of sound residential buildings and areas, and of their supporting neighborhood facilities and institutions; necessitates disproportionate expenditures of public funds for law enforcement and remedial action; impairs the efficient and economical exercise of governmental powers and functions; and destroys the amenity of residential areas and neighborhoods and of the community as a whole. (c) Finally, it is found and declared that the business of renting or leasing “Rental Dwelling Units”, as defined herein, has resulted in instances of absentee landlords and/or off-site managers, which, in turn, has increased the likelihood of instances of substandard buildings and dwelling units, health violations and crime, all of which are a public nuisance. (d) For these reasons it is hereby declared to be the policy of the County of San Bernardino: (1) That it is in the public interest of the people of the County of San Bernardino to protect and promote the existence of sound and wholesome residential buildings, dwelling units and neighborhoods by the adoption and enforcement of such standards, regulations and procedures as will remedy the existence or prevent the development or creation of dangerous, substandard, or unsanitary and deficient residential buildings and dwelling units; and, (2) That the adoption of this Ordinance related to the licensing of Rental Dwelling Units is in the interest of the health, safety and welfare of the people of the County of San Bernardino. 41.2502 Definitions and Scope. (a) Definitions. For purposes of this Chapter, the following terms, phrases, words and their derivations shall have the meanings set forth herein. Words used in the present tense include the future tense, plural words include the singular and singular words include the plural. Words not specifically defined shall be given their common and ordinary meaning. The word "shall" is mandatory and not merely directory. (1) “Applicant” means the owner, or the Owner’s Authorized Representative, applying for a License pursuant to this Chapter. (2) “Board of Supervisors” means the Board of Supervisors for the County of San Bernardino. (3) "Clerk of the Board" means the Clerk of the Board of Supervisors. (4) “County” means the County of San Bernardino.

(5) “County Code” or “Code” means the San Bernardino County Code.

(6) “Family” means a person or persons living together as a single

housekeeping unit in a Rental Dwelling Unit. (7) “Licensee” means the person issued a Rental Dwelling Unit License pursuant to this Chapter. (8) “Owner’s Authorized Representative” or “Authorized Representative of the owner” means any person authorized by a writing signed by the owner to act on the owner’s behalf in regards to an owner’s Rental Dwelling Unit(s). (9) “Person” means any individual, firm, co-partnership, corporation, company, association, organization, joint stock association or body politic; and includes any trustee, receiver, assignee or other similar representative thereof. (10) “Rental Dwelling Unit” means any structure or part of a structure, including but not limited to, a home, apartment, condominium, and units of multiplexes and apartment buildings, which is used as a home, residence or sleeping place by one or more persons and that is rented or leased, in whole or in part, for thirty (30) consecutive days or greater in any consecutive twelve (12) month period. (11) “Rental Dwelling Unit License or License” means the License issued pursuant to this Chapter. (12) “Subject Property” means the underlying real property where the Rental Dwelling Unit is located. (b) Scope. The provisions of this Chapter shall not apply to: (1) Housing accommodations subject to a license under section 41.211 et seq. of the County Code. This exception does not apply to residential hotels as defined in California Health and Safety Code Section 50519(b)(1). (2) Housing accommodations in any hospital; state licensed community care facility; convent, monastery, or other facility occupied exclusively by members of a religious order; extended medical care facility; asylum; on-campus fraternity or sorority houses; or on-campus housing accommodations owned, operated or managed by an institution of higher education, a high school, or an elementary school for occupancy by its students. (3) Housing accommodations which a federal, state or local government unit, agency or authority owns, operates, or manages, or which are specifically exempted from municipal regulation by state or federal law or administrative regulation. This exception shall not apply once the governmental ownership, operation, or management regulation is discontinued. (4) Mobilehomes, mobilehome parks, recreational vehicles as defined in Health and Safety Code Section 18010, or recreational vehicle parks. (5) Rental Dwelling Units that have a valid short-term private home rental permit pursuant to Chapter 84.28 of Title 8 of the County Code. (6) Owner occupied single family dwelling. (7) Owner occupied/unoccupied single or multi-family dwelling if rented/leased entirely to member(s) of the owner’s family. 41.2503 License Required. On and after July 1, 2008, every person who owns a Rental Dwelling Unit, as defined in this Chapter, shall procure and maintain a License from the County, which License shall authorize the person to operate the Rental Dwelling Unit(s) at the subject property/properties described in the License. Only one License is required for a person that owns one or more Rental Dwelling Units in the unincorporated region of the County.


41.2504 Duration of License. A Rental Dwelling Unit License issued or renewed under this Chapter shall terminate at the expiration of one (1) year from the date of its issuance unless revoked prior to said termination pursuant to section 41.2509.

41.2505 License Non-Transferable. All Rental Dwelling Unit Licenses issued under this Chapter are non-transferable both as to the location(s) and as to the person holding the License. When the owner of the Rental Dwelling Unit procures such a License, any other person who conducts, manages or carries on such business as an Authorized Representative of the Owner, is not required to obtain an additional License, however, the Authorized Representative must verify that a valid License has been issued and is in effect at all times while operating the Rental Dwelling Unit.

41.2506 Application for License, Standards of Operation, License Application Fee and Renewal of License. (a) Application for License. The Applicant for an initial, or subsequent renewal of, a License to engage in the business of renting or leasing a Rental Dwelling Unit(s), as defined in this Chapter, shall provide to the Clerk of the Board, on a form prepared by the Clerk of the Board, the following information: (1) The name, address, and telephone number of the owner of the Rental Dwelling Unit. (2) The name, address, and telephone number of the Applicant, if the Applicant is an Authorized Representative of the owner and a copy of the owner’s written and signed authorization. (3) A telephone number to contact the owner and/or the Authorized Representative, as provided in the Standards of Operation, as described in subsection (b), herein. A confidential/non-business twenty-four (24) hour contact telephone number, designated by the owner and/or the Authorized Representative as confidential, shall be treated as confidential by the County and shall only be available to authorized representatives of the County. (4) The location and address of the Subject Property/Properties and Rental Dwelling Unit(s). (5) A description of the size and character of the Rental Dwelling Unit(s), including, but not limited to, the type (home, apartment, condominium), the number of units, total square feet, and the number of bedrooms/bathrooms of the Rental Dwelling Unit(s). (6) A Certification signed by the owner/Authorized Representative under penalty of perjury that to the best of their knowledge and belief on the date of application, each Rental Dwelling Unit identified in the application complies with the Standards of Operation, as described in subsection (b), herein. (7) Any other information deemed necessary by the Clerk of the Board in carrying out the provisions of this Chapter. (b) Standards of Operation. As a conditio