Night Caps: Berkeley vs Oakland
How do night caps rules compare between Berkeley, CA and Oakland, CA?
Berkeley and Oakland have similar restriction levels.
Berkeley, CA
Alameda County
Berkeley limits un-hosted short-term rentals to 90 nights per calendar year. Hosted stays (where the host remains on-site) have no annual cap.
View full Berkeley rules →Oakland, CA
Alameda County
Oakland limits non-hosted (un-hosted) short-term rentals to 90 nights per calendar year, while hosted rentals where the operator is on-site have no night cap. Operators must obtain a Short-Term Residential Rental Permit, collect Transient Occupancy Tax (TOT), and register the unit with the City. The 90-day rule targets absentee operators converting housing to de facto hotels and protects long-term rental supply in a high-demand Bay Area market.
View full Oakland rules →Key Facts Comparison
| Fact | Berkeley | Oakland |
|---|---|---|
| Un-hosted Cap | 90 nights per calendar year | - |
| Hosted | No annual cap | - |
| Reset | January 1 each year | - |
| Violation Fine | Up to 1,000 dollars per day | - |
| Platform Data | Shared with Berkeley for enforcement | - |
| - | - |
Highlighted rows indicate differences between cities.
Berkeley FAQ
What counts as hosted vs un-hosted?
Hosted means the host is physically present in the dwelling during the guest stay. Un-hosted means the guest has the home to themselves.
How does Berkeley track the 90-night cap?
Hosts self-report, and platforms share booking data with the city under data-sharing agreements.
Oakland FAQ
Can I rent out a second home in Oakland as a short-term rental?
No. Oakland requires short-term rentals to be the operator's primary residence. Investor-owned or second homes used exclusively as STRs are not permitted under the ordinance.
Does the 90-night cap apply if I live there while guests are staying?
No. Hosted rentals, where you remain on the premises during the guest's stay, are not subject to the 90-night cap. Only non-hosted (un-hosted) stays count toward the annual limit.
What happens if I go over 90 un-hosted nights?
You face administrative citations, fines, and potential revocation of your Short-Term Residential Rental Permit. Platforms may also be required to de-list non-compliant properties.
Compare other topics
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