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Monterey, CA Short-Term Rentals: Repeat Violator Strikes (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

New STRs
Prohibited citywide since August 6, 1991
Grandfathered STRs
Must register with Finance Dept within 60 days
Transient occupancy tax
Owed under §§ 35-10 et seq. while operating
Sunset
Ends after 5 years or at title transfer
One violation
Forfeits right to operate, § 38-26(O)(2)(d)
Revocation process
§ 38-221 hearing, decision final in 10 days

Summary

Monterey has banned new short-term residential rentals in every residential district since August 6, 1991; only rentals already operating before that date may continue, and even they can lose that right. Under Monterey City Code § 38-26(O)(2)(d), an existing short-term rental that violates the chapter or is found to be a nuisance forfeits its right to keep operating, with revocation handled through the § 38-221 permit-revocation hearing process.

1. Future Rentals Prohibited.Short-term residential rentals are prohibited in all residential districts if established after August 6, 1991, or if not qualified for limited grandfathering pursuant to subparagraph 2 below. ... d.Any short-term residential rental operated in violation of this chapter or that is determined to constitute a nuisance shall forfeit its right to continue operation as a short-term residential rental. The procedures set forth in Monterey City Code § 38-221 shall apply in the event the City believes a breach of this chapter has occurred or a nuisance situation is believed to exist.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 3721, passed July 7, 2026).

Full Breakdown

Monterey's short-term rental scheme, codified at § 38-26(O), is built around a hard 1991 cutoff rather than a licensing system: subsection (O)(1) prohibits any short-term residential rental established after August 6, 1991, in all residential districts, including residential development inside Planned Community zones. Subsection (O)(2) lets rentals that predate that cutoff keep operating only if the owner registers with the City's Finance Department, with proof of prior existence, within 60 days of the section's effective date; failure to register in time strips the grandfathered status entirely.

for as long as the rental operates, and every grandfathered rental must stop for good after five years from the section's effective date or when title to the property transfers, whichever happens first. Layered on top of that sunset is the forfeiture rule at (O)(2)(d): a single violation of Chapter 38, or a finding that the rental constitutes a nuisance, forfeits the right to continue operating outright, with no graduated warnings. The City pursues that forfeiture through the discretionary-permit revocation procedure at § 38-221: the Community Development Director sets a hearing on reasonable grounds, notice issues as for a public hearing, the hearing body can revoke on findings of erroneous information, violation of law, or six months of discontinued use, and a revocation becomes final 10 days after the decision, appealable under Article 27.

Violations & Fines

There is no warning system: Monterey City Code § 38-26(O)(2)(d) forfeits an existing short-term rental's right to operate the moment it is operated in violation of Chapter 38 or found to constitute a nuisance. The Community Development Director initiates a revocation hearing under § 38-221, and a final decision becomes effective 10 days after it issues, appealable under Article 27.

Frequently Asked Questions

Are short-term rentals like Airbnb legal in Monterey?
Only if the rental existed before August 6, 1991. Monterey City Code § 38-26(O)(1) prohibits any short-term residential rental established after that date in every residential district, including Planned Community residential developments, so a newly listed vacation rental in a Monterey house has no path to legal operation.
What happens the first time a grandfathered rental breaks the rules?
It can lose its status immediately. Section 38-26(O)(2)(d) says any short-term rental operated in violation of Chapter 38, or found to constitute a nuisance, forfeits its right to continue as a short-term rental, and the City pursues that forfeiture through the § 38-221 revocation hearing.
How long can a legal short-term rental keep operating?
Even a qualifying, registered rental must stop within five years of the section's effective date or when the property's title transfers to a new owner, whichever happens first, under § 38-26(O)(2)(c). Owners must also register with the Finance Department and pay transient occupancy tax under City Code §§ 35-10 et seq. the whole time.
Can a revoked short-term rental owner appeal?
Yes. The revocation hearing under Monterey City Code § 38-221 requires notice, a hearing, and written findings, and the decision becomes final 10 days after it is issued; from there it can be appealed under Chapter 38 Article 27, the zoning code's general appeals procedure.

Sources & Official References

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