Accessory Short-Term Rental Permits (ASTR) - Read Before You Apply

There are two different application types for short-term rentals:

• Type A accessory short-term rental permit: The resident rents no more than two bedrooms to five overnight guests.
• Type B accessory short-term rental Conditional Use Review: The resident rents three to five bedrooms to overnight guests. The maximum number of guests is determined as part of the required Conditional Use Review.

Not eligible for an accessory short-term rental

Rentals of six or more bedrooms at one time are not accessory short-term rentals. Additional commercial building code and zoning code regulations apply.

Research accessory short-term rental requirements

You can get a permit or a Conditional Use Review for a short-term rental when the residential dwelling is mainly used for long-term occupancy. Only part of the dwelling unit can be used for short-term rental purposes. Bedrooms in legal detached accessory structures like guest houses can also be rented to overnight guests. Other rules:

• There must be a resident who lives in the dwelling unit for at least 270 days during each calendar year.
• You rent bedrooms to overnight guests for less than 30 days.
• The number of dwelling units in a multi-dwelling structure, triplex, fourplex or cottage cluster that can have an accessory short-term rental is limited to one unit, or 25 percent of the total number of units in the structure or on the site, whichever is greater.
• Type A permits allow a maximum of five guests and two bedrooms.
• Type B Conditional Uses allow a maximum of 10 guests and five bedrooms. The actual number of guests or bedrooms is determined during the Conditional Use Review.

More information is available in Portland Zoning Code Section 33.207.

Buildings you can use as an accessory short-term rental 

Typical short-term rental buildings include:

• Accessory dwelling units (ADU) that have been legally created
• Attached duplexes
• Attached houses
• Condominiums
• Units in cottage cluster
• Detached accessory structures that have been legally updated or built for sleeping purposes
• Duplexes
• Floating homes (individual or in a moorage)
• Houses
• Manufactured homes, mobile homes, and a residential trailer on its own lot or in a manufactured home park.

Running a home business with an accessory short-term rental

A home business, also known as an Accessory Home Occupation (Zoning Code Chapter 33.203), with either one non-resident employee or up to eight customers per day, is prohibited on a site with an accessory short-term rental. Businesses where no employees or customers come to the site are allowed.

Services for normal maintenance, repair, and care of the residence or site such as yard maintenance or house cleaning are allowed. There can be no non-resident employees on site associated with the short-term rental. For example, a private chef to cook for short-term rental guests is not allowed.

Short-term rental permits business license and keeping a permit current 

• You must register as a business with the City of Portland.
• There are some things you should know if the rental is in an old building. 
• You must maintain your permit and keep records about your short-term rental.

Residency requirements for accessory short-term rentals

The Zoning Code defines the following terms related to ASTRs:

1. Resident: The individual or family who resides in the dwelling unit. The resident can be the owner or a long-term renter.
2. Operator: The resident or a person or entity that is designated by the resident to manage the accessory short-term rental.

The resident of the dwelling unit which contains an ASTR must reside in the dwelling unit at least 270 days of each year. Renting entire dwelling units on a short-term basis without a long-term resident occupying the unit at least 270 days a year is not allowed in residential zones.

There are no limitations to the number of nights the bedrooms may be used as short-term rentals. However, there is a maximum of 95 days per year when the resident does not need to be present with the overnight guests.

Residency is verified by the applicant providing a copy of an Oregon Driver’s License or Oregon Identification Card showing the subject site as the residence address. Additional documentation may be needed such as a long-term lease or utility records. On sites with an Accessory Dwelling Unit (ADU), residents may reside in either the primary dwelling unit or the ADU. It should be clear on the floor plans submitted which bedroom is the resident’s, and whether it is rented out as well when the resident is not home.

The resident of the short-term rental must occupy the dwelling unit for at least 270 days during each calendar year—roughly nine months. There are no limits to the number of nights you may have a short-term rental. The greatest number of days you may be away from home in a calendar year and renting to overnight guests is 95—roughly three months.

A copy of an Oregon Driver’s License or Oregon Identification Card is required to confirm residency as part of the permit application. The accepted form of identification is not allowed to include a separate mailing address unless it is a P.O. Box or PMB address. City staff will check Oregon Driver and Motor Vehicle Services records to confirm residency.

Property management and accessory short-term rentals

The resident may choose an operator to manage their accessory short-term rental. The resident must still occupy the dwelling unit where the bedrooms are rented for at least 270 days during each calendar year. The operator must follow all regulations. The operator must also provide contact information in the neighborhood notice.

When a renter operates an accessory short-term rental

Property owners must provide written permission for the tenant to apply. Tenants must meet all requirements that an owner who is applying for an accessory short-term rental must meet. Make sure to have signatures on every application. Include signatures for the property owner (or authorized agent) and resident.

If the accessory short-term rental is a condominium

Please note that homeowner association approval or signatures are not required for declared condominiums. Only the listed condominium owner is required to provide the owner's signature authorization. Please review all applicable homeowner association bylaws or other codes, covenants, and restrictions that might apply to a declared condominium.

Send out a neighborhood notice letter 

Type A ASTR permit applicants are required to provide notice to a neighborhood association and nearby neighbors so they know about the accessory short-term rental. Get more information about neighborhood notice requirements on the Type A ASTR permit web page.

For a Type B conditional use, the City will send out a neighborhood notice. There is no requirement for the applicant to notify the neighbors of a Type B conditional use, but it can be helpful to speak with the neighbors before the City’s notification.

Smoke detector and carbon monoxide detector requirements for accessory short-term rentals 

The bedroom standards of Section 33.207.040.B.4 require that each bedroom that is rented to overnight guests:

1. Has a smoke detector that is interconnected with a smoke detector in an adjacent hallway, common area, or in the immediate area of sleeping rooms  
2. Is located on a floor of a dwelling unit equipped with a functioning carbon monoxide alarm

Place carbon monoxide alarms in each bedroom or within 15 feet outside of each bedroom door. Interconnected smoke detectors may be hardwired or may function wirelessly.

Hardwired interconnected smoke detectors are required in newly constructed homes. You can install battery-operated wireless interconnectable smoke detectors.

You can find smoke detectors and carbon monoxide alarms at home improvement stores. Always install these devices according to the manufacturer's instructions.

Get ready for accessory short-term rental inspections

We inspect for the following items:

1. The bedrooms were legally created as sleeping rooms.
2. They meet minimum fire/life-safety requirements.
3. You have installed interconnected smoke and carbon monoxide detectors.

We do not check the home for building code or property maintenance standards during rental inspections. Housing inspectors will point out any imminent safety hazards. This is for the protection of occupants and overnight guests. Examples of imminent safety hazards are:

• Live exposed electrical wires that are observed
• Tripping or falling hazards and non-compliant stairs leading to the bedrooms

You must address all hazards found in a rental inspection before we can issue the permit. You must address all hazards before allowing the general public to use the bedrooms. The property owner must authorize the requested bedroom inspection.

Illegal bedrooms and other safety hazards found during inspections

Should imminent safety hazards or illegal bedrooms be found in the building or on the premises, they will be cited as violations. A violation letter will be sent to the owner and occupant of the property. The property owner must correct any illegal bedrooms or safety hazards.

If the violations cited are not corrected within 30 days of the date of a violation letter, the property owner may be subject to a monthly code enforcement fee. Fees will accrue until the violations are corrected and the property is re-inspected and approved by Portland Permitting & Development.

Please note that if you fail a short-term rental inspection, you will not be listed on the short-term rental registry and you cannot rent your site until it passes inspection. 

Operating an accessory short-term rental without a permit or other non-compliance

If you operate an accessory short-term rental without the required permit or Conditional Use Review, or if you violate any of the regulations and conditions of a Type A or B accessory short-term rental, you will be found in violation of Portland City Code and subject to enforcement action. Citations with civil penalties may be issued for violations of Chapter 33.207.

For more information on the citation process, please review the Permanent Rule on Accessory Short-Term Rental (ASTR) Enforcement. 

To review enforcement and penalties fees, please consult the current fee schedule below.

• A Type A accessory short-term rental permit can be revoked for failure to comply with the regulations of Chapter 33.207. When a Type A accessory short-term rental permit has been revoked, a new Type A accessory short-term rental permit will not be issued for that dwelling unit for two years, in addition to other enforcement actions for continued non-compliance.
• If your Type B short-term rental is not compliant with your Conditional Use Review approval, you will be found in violation of Portland City Code and subject to enforcement action. Citations with civil penalties may be issued for violations of Chapter 33.207 or an approved land use review.