Downey Night Caps Rules (2026): What You Need to Know
Heavy RestrictionsThe Short Version
Downey does not have a formal night-cap or annual rental day limit for short-term rentals because the city has no STR permit program. Since short-term rental activity is prohibited under Section 9312.08's commercial-use ban, there is no permitted number of nights that residents may legally rent their homes short-term. Any rental under 30 consecutive days in a residential zone falls outside what is legally permitted under current zoning.
Full Breakdown
Unlike cities such as Long Beach or Los Angeles that cap short-term rental nights at specific annual thresholds (e.g., 90 unhosted nights per year), Downey imposes no such cap because the city has not authorized short-term rentals in the first place. Downey Municipal Code Section 9312.08 prohibits any residential property from being used for commercial purposes, and the City has interpreted and enforced this to include transient lodging arrangements marketed through platforms like Airbnb and VRBO.
The practical effect is that the permitted number of STR nights is zero. There is no distinction in Downey between hosted rentals (where the owner is present) and unhosted rentals — both are subject to the same commercial-use prohibition. Rentals of 30 or more consecutive days are treated as standard long-term residential leases and are not subject to the STR prohibition or the Transient Occupancy Tax.
The City's 13% Transient Occupancy Tax (passed via Measure D in November 2022) technically applies to all rentals under 30 consecutive days, but the existence of this tax provision does not create a lawful pathway for STR activity. Residents considering short-term rentals should be aware that even hosting one night could trigger a code enforcement complaint and cease-and-desist action.
What Happens If You Violate This?
Any short-term rental activity may result in code enforcement orders to immediately cease, administrative citations, and fines starting at $100 per day. Continued non-compliance may be referred to the City Attorney.
Frequently Asked Questions
How many nights can I legally rent my home on Airbnb in Downey?
Is it okay to do just a few nights of hosting a year in Downey?
What is the minimum rental period that is legal in Downey?
Sources & Official References
Related Ordinances in Downey
Permit Requirements
Heavy RestrictionsShort-Term Rentals · Downey, CA
Downey does not have a dedicated short-term rental licensing program, but short-term rentals are effectively prohibited under the zoning code. Section 9312.0...
Registration Rules
Heavy RestrictionsShort-Term Rentals · Downey, CA
Downey has no STR registration or licensing program. Because short-term rentals are prohibited under the residential commercial-use ban in Section 9312.08, t...
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