Oakland, California Short Term Rental Regulations

City Code of Ordinances

While Oakland's city ordinance does not specify a maximum number of rentable nights per calendar year, it does divide property usage into three categories: 

• Permanent Residential Property: properties that are occupied on a weekly basis or longer.
• Semi-Transient Residential Activities: Includes the occupancy of living accommodations partly on a thirty (30) days or longer basis and partly for a shorter time period, but with less than thirty percent (30%) of the living units under the same ownership or management on the same lot being occupied on a less-than-thirty (30) day basis; but exclude institutional living arrangements involving the provision of a special kind of care or forced residence, such as in nursing homes, orphanages, asylums, and prisons. Semi-Transient Residential Activities generally require a Conditional Use Permit and are not allowed in most residential zoning districts.
• Bed and Breakfast Residential Activities: The provision of lodging services to transient guest on a less-than-thirty (30) day basis and have each of the following characteristics 
  • The activity occupies a One-Family Dwelling Residential Facility, One-Family Dwelling with a Secondary Unit Residential Facility, or a Two-Family Dwelling Residential Facility
  • The activity allows no more than twelve (12) adult paying guests at any time and contains no more than six (6) guest units
  • The activity is located in an owner-occupied facility
  • The activity is located in a facility on a property with an existing or contingency historical rating of "A," "B," "C," or "D," or is a Landmark according to the City of Oakland Office of Historic Preservation
  • The facility includes incidental eating and drinking services for lodgers only, provided from a single kitchen per bed and breakfast establishment.

Bed and Breakfast Residential Activities generally require a Conditional Use Permit and are not allowed in some zoning districts. View the Short-Term Residential Rental Regulations page for more information.

Business License Requirements

A business tax certificate is required for residential rental properties in the city. Some hosts may also need a business license. New residential rental properties in Oakland must register with the city. More information can be found here.  Oakland allows semi-transient residential properties and bed and breakfast properties to exist, provided they hold a Conditional Use Permit (CUP).

Building and Housing Standards

Oakland has rules and regulations that specify minimum building, design, maintenance standards, habitability, health, and safety requirements. Some rules and regulations that apply to residential and non-residential properties may apply to your listing. Consult the City Planning & Building for more information. 

Tourist and Local Taxes

Every person (transient) occupying any hotel/motel, lodge, or B&B (bed & breakfast) within the City of Oakland for any period of thirty (30) consecutive days or less is required to pay the transient occupancy tax to the operator at the time the rent for occupancy is paid. The rate is 14% of the rent charged. 

Other Rules

The rent control policy in Oakland is complicated. If you reside in or own a rent-controlled home in Oakland, you should familiarize yourself with the city's rent control rules and regulations. More information can be found here. It is also essential to understand and abide by other contracts or rules that bind you, such as leases, condo boards, co-op rules, HOA rules, or rules established by tenant organizations. Please read your lease agreement and check with your landlord if applicable. Visit the Oakland website for more information.