Berkeley, CA Short-Term Rentals: Repeat Violator Strikes (2026)
Key Facts
- Strike threshold
- Third violation affidavit
- Penalty
- One-year operating ban
- Underlying ordinance
- Second Response Ordinance, BMC Ch. 13.48
- General penalties
- BMC §§ 1.20, 1.28
- Resident lawsuit notice
- 30 days written notice required
Summary
A Berkeley short-term rental host loses the right to operate for a full year after a third violation affidavit is issued under the city's Second Response Ordinance. The rule ties directly to noise and party enforcement under BMC Chapter 13.48.
23.314.060 Violations and Remedies.
A. Compliance with Second-Response Ordinance. The host shall comply with the Second Response Ordinance in Municipal Code Section 13.48 (Civil Penalties for Multiple Responses to Loud or Unruly Parties, Gatherings or Other Similar Events). The host is prohibited from operating short-term rentals for one year after issuance of a third violation affidavit.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 8031-NS, passed July 28, 2026).
Full Breakdown
48, which imposes civil penalties for multiple police or fire responses to loud or unruly parties, gatherings, or similar events at a property. A bars the host from operating any short-term rental for one full year from the date of issuance. 414 (Nuisance Abatement). The code also gives Berkeley residents standing to sue: any resident may bring a private action for injunctive relief against a public nuisance short-term rental, provided they first give the City and the host at least 30 days' written notice and the City fails to act within that window.
5 to include excessive noise or traffic, street obstruction by crowds or vehicles, public intoxication, underage drinking, fights, disturbances of the peace, litter, and transients who refuse Fire Department or City personnel access during an emergency response.
Violations & Fines
A third violation affidavit under the Second Response Ordinance triggers an automatic one-year operating ban under Section 23.314.060.A, on top of general penalties under Sections 1.20 and 1.28 and nuisance abatement under Sections 1.24, 1.26, and 23.414. The prevailing party in an enforcement action may recover attorneys' fees, capped at the City's own reasonable fees, and any Berkeley resident may sue for injunctive relief after 30 days' notice to the City and host.
Frequently Asked Questions
How many violations before a Berkeley host loses their permit?
Can a neighbor sue over a problem short-term rental in Berkeley?
What counts as a nuisance under the short-term rental chapter?
Sources & Official References
Other rules in Berkeley
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