Occupancy Limits: Albany vs Colonie
How do occupancy limits rules compare between Albany, NY and Colonie, NY?
Albany and Colonie have similar restriction levels.
Albany, NY
Albany County
Albany County STR occupancy follows NYS Uniform Code (FC §403.2) and local rules. City of Albany Code §231 caps STR occupancy at 2 per bedroom plus 2, max 10. Town rules in Colonie, Bethlehem, Guilderland are similar. NYS DOH Part 7 sanitation applies.
View full Albany rules →Colonie, NY
Albany County
Colonie does not set an STR-specific occupancy cap. Maximum occupancy is governed by the New York State Property Maintenance Code adopted under the Uniform Code (19 NYCRR Part 1226), which incorporates the International Property Maintenance Code minimum-area standards (70 sq ft for one occupant, 50 sq ft per additional). The New York Multiple Dwelling Law does NOT apply to Colonie.
View full Colonie rules →Key Facts Comparison
| Fact | Albany | Colonie |
|---|---|---|
| Albany City Cap | 2/bedroom + 2, max 10 | - |
| State Baseline | NYS Fire Code §403.2 | - |
| Garage Sleeping | Prohibited | - |
| Local Contact | 24/7 required in Albany | - |
| Sanitation | 10 NYCRR Part 7 | - |
| Governing Code | - | NY Uniform Code (19 NYCRR 1226) / IPMC §404 |
| Bedroom Minimum | - | 70 sq ft (1 person) + 50 sq ft per add'l |
| Multiple Dwelling Law | - | Does NOT apply to Colonie |
| Children | - | Under 12 count as 0.5 person |
| Enforcement | - | Colonie Building Department |
Highlighted rows indicate differences between cities.
Albany FAQ
How many guests can I host in my Albany STR?
City of Albany Code Ch. 231 sets 2 adults per bedroom plus 2 additional guests, max 10 total. A 3-bedroom home caps at 8. Children under certain ages may be excluded from the count — check current regulations.
Can I let guests sleep in the finished basement?
Only if the space meets NYS Residential Code bedroom requirements — minimum ceiling height, egress window, and smoke/CO detection. Otherwise it doesn't count toward bedroom count for occupancy purposes.
Colonie FAQ
How many guests can I list for a Colonie NY short-term rental?
Whatever the IPMC math allows for your specific bedrooms and total dwelling area. Measure each sleeping room: 70 sq ft buys one occupant, every additional 50 sq ft adds one more. A 120 sq ft bedroom sleeps two; a 200 sq ft bedroom sleeps three. Add bedroom totals and confirm against the IPMC dwelling-total area floor. New York Multiple Dwelling Law does NOT apply to Colonie.
Does Colonie count children toward the occupancy cap?
Under IPMC §404.4.4, children under 12 years of age generally count as one-half of an adult occupant for the bedroom and dwelling-area calculations. Infants under 1 year are typically not counted. Colonie's Building Department applies the IPMC standard during code inspections under the New York State Uniform Code.
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