Santa Fe, NM Accessory Structures: ADU Rental Restrictions (2026)

3(D)(1) of the Santa Fe Land Development Code governs accessory dwelling units on residentially zoned property, capping them at one per legal lot of record and at either the gross floor area of the principal dwelling or 1,500 square feet, whichever is less. Subsection (D)(1)(g) sets two different rental tracks depending on occupancy. Paragraph (g)(i) covers an owner-occupant who lives in one of the two units and lets that person short-term rent the other. Paragraph (g)(ii) covers the alternative: a property owner who is not living on site.

Under that path, the owner may rent the principal dwelling unit and/or the accessory dwelling unit, but only for periods of not less than thirty (30) days, closing off the nightly or weekly short-term rental market for absentee-owned ADU properties. 2(A)(5) permits, fees and proximity limits) and an ordinary long-term lease, which does not require a short-term rental permit or registration at all. 3(D)(1), and it cannot be subdivided or sold separately from the principal dwelling unless it independently meets all standards for a principal dwelling unit. 3(D)(1) is a condition of the ADU's certificate of occupancy.