Oak Park, IL Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- 1-bedroom cap
- 3 persons at one time (§ 8-40-6)
- 3-bedroom cap
- 7 persons at one time (§ 8-40-6)
- 6-bedroom cap
- 13 persons at one time (§ 8-40-6)
- Posted requirement
- Max occupancy must appear on the in-unit license (§ 8-40-5(G))
- First-offense fine
- $200.00, rising to $750.00 by third offense (§ 8-40-7)
Summary
Oak Park caps how many people can stay in a short-term rental at one time based on bedroom count, from 3 people in a one-bedroom unit up to 13 in a six-bedroom unit. Section 8-40-6 sets the table, and owners who exceed it risk fines under the Village's short-term rental penalty schedule.
8-40-6: MAXIMUM OCCUPANCY: No owner shall permit the occupancy of any short-term rental unit to exceed the maximum number of persons in a dwelling unit as set forth below. Number of Bedrooms Maximum Number of Persons in a Dwelling Unit At One Time 1 3 2 5 3 7 4 9 5 11 6 13
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-9: Code current through: Ord. 26-159, passed - -2026).
Full Breakdown
Section 8-40-6 of the Oak Park Village Code bars an owner from permitting occupancy of a short-term rental unit beyond the maximum number of persons set out in its bedroom-based table. As printed in the Code, the table reads: a 1-bedroom unit tops out at 3 persons, a 2-bedroom unit at 5, a 3-bedroom unit at 7, a 4-bedroom unit at 9, a 5-bedroom unit at 11, and a 6-bedroom unit at 13, each measured as the maximum number of persons in the dwelling unit at one time.
The cap is enforced through the licensing scheme in article 40: section 8-40-5(G) requires the posted in-unit license to state the maximum occupancy of the dwelling unit as allowed by the article, so both the owner and any inspecting Village staff member have a fixed number to check against. The occupancy limit sits alongside the article's other guest-facing controls, including the 24-hour minimum and 182-day maximum stay length in section 8-40-5(B) and the written guest register required in section 8-40-5(F), which together let the Village verify who is staying in a licensed unit and for how long.
Violations & Fines
Permitting a short-term rental to exceed the maximum occupancy set in section 8-40-6 violates article 40 and is fined under section 8-40-7: $200.00 for a first violation, $500.00 for a second, and $750.00 for a third or subsequent violation, with each day the unit remains over capacity treated as a separate offense subject to the same escalating fine schedule.
Frequently Asked Questions
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Sources & Official References
Other rules in Oak Park
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Occupancy Limits in Nearby Cities
How other cities in Cook County handle occupancy limits.