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.
Oakland regulates short-term rentals through its Short-Term Residential Rental Permit ordinance, adopted to curb the loss of long-term housing to platforms like Airbnb and VRBO. The ordinance distinguishes between hosted and non-hosted stays. A hosted rental is one where the permitted operator remains on the property during the guest's stay; a non-hosted rental is one where the operator is absent. Non-hosted short-term rentals are capped at 90 rental nights per calendar year. Hosted rentals are not subject to a nightly cap, reflecting the lower neighborhood impact when the resident is present. Operators must register with the City, pay an annual permit fee, display the permit number in all online listings, and collect and remit Transient Occupancy Tax. Only the operator's primary residence may be used; investor-owned units used solely as short-term rentals are prohibited. Platforms are required to verify permit numbers on listings. Violations can result in permit revocation, administrative citations, and daily fines. Enforcement is complaint-driven and augmented by monitoring of listing data. Operators exceeding the 90-night cap for un-hosted stays face escalating penalties and loss of the ability to re-register. The rules work alongside Oakland's rent control and Just Cause for Eviction ordinances to preserve tenant housing.
Specific penalty amounts for this ordinance are not published in a publicly accessible fine schedule. Contact Oakland code enforcement directly for current fines, enforcement procedures, and hearing options.
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