Short-Term Rentals in Albuquerque, NM: What Residents Actually Need to Know

If you live in Albuquerque or are thinking about moving there, short-term rentals are one of those things you probably won't think about until they affect you directly. Albuquerque has 13 specific rules on the books covering different aspects of short-term rentals, and some of them might surprise you.

Registration Rules

Every short-term rental in Albuquerque must obtain an annual permit from the Planning Department under ROA 1994 Chapter 13-20 and collect Lodgers' Tax plus Hospitality Fee.

Key details: Permit Fee: $90 annually. Code Section: ROA 1994 Chapter 13-20. Insurance Minimum: $500,000 liability. Lodgers Tax: 5% plus 1% Hospitality Fee. Owner Cap: 1 non-owner-occupied rental.

Operating without a permit carries a $500 first-offense fine and $1,000 per subsequent day of unpermitted operation. Platforms like Airbnb and VRBO remove non-compliant listings when notified by the city.

This is not one of those rules that cities tend to ignore. Albuquerque actively enforces its registration rules requirements.

Occupancy Limits

Albuquerque caps overnight STR occupancy at two adults per bedroom plus two additional adults, so a two-bedroom unit allows six and a three-bedroom unit allows eight. An adult is anyone over 12 years of age.

Key details: Code Section: ROA 1994 Sec. 13-19-7. Overnight Formula: 2 adults per bedroom + 2. Two-Bedroom Unit: 6 adults overnight. Three-Bedroom Unit: 8 adults overnight. Adult Defined: Any person over 12 years of age.

Exceeding occupancy is enforced by the Zoning Enforcement Officer under 13-19-8 after a written notice and a 30-day grace period; continued violation triggers penalties under ROA 1994 Sec. 1-1-99, civil assessments of $500 per day, and possible permit revocation.

Insurance Requirements

Every Albuquerque STR operator must carry short-term rental insurance of at least $250,000 per unit, covering damage to guests and damage caused by guests or the operator to others, including neighbors.

Key details: Code Section: ROA 1994 Sec. 13-19-5(C). Minimum Coverage: $250,000 per unit. Covers: Damage to guests and to third parties/neighbors. Proof Required: At permit application (13-19-6(A)(5)).

Failure to maintain the required $250,000 insurance is a permit-application defect and an ongoing violation of 13-19-5(C), enforceable under 13-19-8 with notice, a 30-day cure period, Sec. 1-1-99 penalties, $500-per-day civil assessments, and permit revocation.

Night Caps

Albuquerque does not impose a citywide annual night cap on permitted short-term rentals under ROA 1994 Chapter 13-20, though non-owner-occupied permits are capped at one per owner.

Key details: Annual Night Cap: None citywide. Owner Cap: 1 non-owner-occupied per owner. Code Section: ROA 1994 Chapter 13-20. HOA Variations: Common in High Desert, Sandia Heights. Proposed Changes: Periodic council review.

No citywide night-cap violations exist, but operating a second non-owner-occupied rental under the same owner is a permit violation carrying $500-$1,000 fines and permit revocation.

Host Presence Rule

Albuquerque's short-term rental ordinance R-19-19 does not mandate that hosts live on-site or be physically present during a guest stay. Whole-home rentals are permitted citywide with a valid permit and 24/7 contact requirement.

Key details: Host on-site required: No. Whole-home allowed: Yes, with permit. 24/7 contact response: One hour. Governing ordinance: R-19-19.

Operating without a permit, failing to designate a 24/7 responsible party, or ignoring city contact attempts can trigger citations, permit suspension, and fines under Code Chapter 13 enforcement provisions.

The rules around host presence rule in Albuquerque lean permissive, but that does not mean anything goes.

Primary-Residence-Only Rule

Albuquerque's short-term rental ordinance does not restrict permits to a host's primary residence. Investors can hold multiple STR permits, one per property, with no citywide cap on the number of non-owner-occupied listings.

Key details: Primary residence required: No. Permits per owner: Unlimited. Permits per property: One. Citywide cap: None.

Listing a property without an active permit, omitting the permit number from advertisements, or transferring a permit between owners without re-applying can result in fines and permit revocation under Chapter 13.

The rules around primary-residence-only rule in Albuquerque lean permissive, but that does not mean anything goes.

Host Platform Liability

Albuquerque requires every short-term rental advertisement, including listings on Airbnb and Vrbo, to display the city-issued permit number. Hosts and, in practice, platforms share responsibility for compliance, with delisting used as an enforcement lever.

Key details: Permit number on ads: Required. Platforms covered: All. Enforcement tool: Delisting requests. Tax remittance: Required.

Advertising an Albuquerque STR without a visible permit number, ignoring city demands to update or remove a noncompliant listing, or refusing to remit lodgers' tax can trigger fines, removal requests sent to platforms, and permit revocation.

Repeat Violator Strikes

Albuquerque's R-19-19 lets the Planning Department suspend or revoke a short-term rental permit after repeat substantiated violations, including noise, occupancy, or unpermitted operation. There is no fixed three-strike rule, but a documented pattern triggers escalation.

Key details: Strike count: Pattern-based. Hearing offered: Yes, administrative. Re-apply ban: Up to one year. Common trigger: Repeat noise complaints.

Accumulating multiple substantiated nuisance complaints, ignoring corrective notices, missing tax remittances, or operating during a suspension can lead to permit revocation, fines, and a one-year ban on re-application.

Stays of 30 consecutive days or more in an Albuquerque short-term rental are not subject to the city's lodgers' tax under New Mexico law, and effectively shift to a residential tenancy under the Uniform Owner-Resident Relations Act.

Key details: Tax-exempt threshold: 30 consecutive days. Statute: NMSA §3-38-13. Tenant rights apply: After 30 days. Permit still needed: If shorter stays offered.

Mischaracterizing short transient stays as long-term to evade lodgers' tax, or summarily locking out a 30-plus-day occupant without following NM landlord-tenant procedures, can trigger tax liability, civil penalties, and wrongful-eviction claims.

The rules around extended home share in Albuquerque lean permissive, but that does not mean anything goes.

Parking Rules

Albuquerque STR Ordinance ROA 1994 Chapter 13-20 requires one off-street parking space per bedroom rented, and prohibits guest parking on unpaved front yards or across sidewalks.

Key details: Minimum Spaces: 1 off-street per bedroom rented. Code Section: ROA 1994 Chapter 13-20. Unpaved Parking: Prohibited in front yard. Permit Zones: UNM area requires visitor placards. Enforcement: Parking Services and Planning.

Parking-related STR violations start at $100 civil fines and count as strikes under the three-violation permit revocation framework. Vehicles blocking fire lanes or hydrants face towing at owner expense.

Noise Rules

Albuquerque short-term rentals must enforce quiet hours from 10:00 PM to 7:00 AM under ROA 1994 Chapter 13-20 and the citywide noise code, with strict penalties for host non-compliance.

Key details: Quiet Hours: 10:00 PM to 7:00 AM. Code Section: ROA 1994 Chapter 13-20. Response Time: 60 minutes to complaint. Strike Threshold: 3 violations in 12 months. Permit Office: Planning Department.

Fines start at $500 for a first confirmed violation and escalate to $1,000 for a second. Three violations in a rolling 12-month window can result in permit revocation and a ban on re-applying for two years.

This is one of the stricter rules in Albuquerque's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Permit Requirements

Albuquerque requires a valid Short Term Rental permit from the Planning Department for every unit rented 29 days or less, plus a City Business Registration. The initial permit fee is $120 and renewals are $90.

Key details: Code Section: ROA 1994 Sec. 13-19-6. Initial Permit Fee: $120.00. Renewal Fee: $90.00. Permit Duration: 12 consecutive months. STR Definition: Dwelling unit rented 29 days or less.

Operating without a valid STR permit is a violation enforced by the Zoning Enforcement Officer under 13-19-8, subject to the penalties in ROA 1994 Section 1-1-99 with each day a separate offense, civil assessments of $500 per day, and permit revocation for two years after three or more violations in a 12-month period.

Taxes & Fees

Albuquerque STR operators pay 5% Lodgers' Tax, 1% Hospitality Fee, and approximately 7.9% combined Gross Receipts Tax on all room revenue for stays of 29 nights or less. Monthly reporting required by the 25th.

Key details: Lodgers' Tax: 5% on room revenue. Hospitality Fee: 1% on room revenue. Gross Receipts Tax: ~7.9375% combined. Reporting: Monthly by 25th. Tax ID Required: NM CRS number.

Non-remittance: penalty + interest. NM TRD audit. Tax evasion: misdemeanor charges.

Compared to other cities, Albuquerque takes a harder line on taxes & fees. The enforcement and penalty structure reflects that.

The Bottom Line

Albuquerque's short-term rentals rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Albuquerque is broadly strict or permissive.

These rules come from Albuquerque's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.