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Downey Permit Requirements Rules (2026): What You Need to Know

Heavy Restrictions

The Short Version

Downey does not have a dedicated short-term rental licensing program, but short-term rentals are effectively prohibited under the zoning code. Section 9312.08 prohibits residential properties from being used for commercial purposes, and the City has enforced this provision against Airbnb and VRBO listings. Residents operating short-term rentals have received cease-and-desist orders citing this commercial-use prohibition. The 13% Transient Occupancy Tax (TOT) applies to any short-term rental stays under 30 days.

Full Breakdown

Downey does not have a stand-alone short-term rental ordinance, but the city's existing zoning code effectively prohibits short-term rental activity in residential zones. Downey Municipal Code Section 9312.08 states that no lot, building, or structure shall be used or appear to be used for commercial purposes in a residential zone, and shall not involve the conduct of a business nor contain commercial or industrially rated equipment not customarily used in connection with a residential occupancy. The City has applied this provision to short-term rentals listed on platforms such as Airbnb and VRBO, issuing enforcement orders requiring hosts to immediately remove their listings.

Because Downey has not created a formal STR permit program, there is no legal pathway for most short-term rental activity. Residents who operate or have operated short-term rentals have received notices of violation citing Section 9312.08(b)(1). Unlike cities that regulate but permit STRs, Downey's current posture is effective prohibition through the general commercial-use ban.

Downey voters approved Measure D in November 2022, raising the Transient Occupancy Tax from 9% to 13% and expanding its application to short-term rentals. Any host operating a short-term rental is technically required to collect and remit this 13% TOT to the City Finance Department on a quarterly basis, though doing so does not legitimize an otherwise unpermitted rental operation. Prospective hosts should consult a land use attorney and contact the Downey Planning Division before listing any property.

What Happens If You Violate This?

Operating a short-term rental in violation of Section 9312.08 can result in code enforcement action, including a notice to immediately cease rental activity, administrative citations starting at $100 per day, and escalating fines. Continued non-compliance may result in referral to the City Attorney for legal action.

Frequently Asked Questions

Can I legally rent my home on Airbnb in Downey?
Effectively no. While Downey lacks a dedicated STR ordinance, Section 9312.08 prohibits using residential property for commercial purposes. The City has enforced this against Airbnb hosts with cease-and-desist orders.
Is there any STR permit I can apply for in Downey?
No. Downey does not have an STR registration or permit program. There is currently no legal pathway to operate a short-term rental in a residential zone.
Do I have to pay the TOT if I rent my place short-term?
Technically yes — the 13% Transient Occupancy Tax applies to any short-term rental under 30 days. However, paying the TOT does not make an otherwise prohibited short-term rental legal.

Sources & Official References

Related Ordinances in Downey

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