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🏠 Short-Term Rentals/Host Presence Rule

Host Presence Rule: Denver vs Phoenix

How do host presence rule rules compare between Denver, CO and Phoenix, AZ?

Phoenix has fewer restrictions than Denver.

Denver, CO

Denver County

Heavy Restrictions

Denver short-term rentals under DRMC 33-202 must be the licensed host's primary residence. Hosts may rent rooms or the entire home only when away. One STR license per person; non-primary investor properties cannot operate as STRs in Denver.

View full Denver rules β†’

Phoenix, AZ

Maricopa County

Few Restrictions

Arizona Revised Statutes Β§9-500.39 (amended by HB-2672 in 2022) restored city authority to regulate short-term rentals for noise, safety, and registration but does not require host presence. Phoenix permits both hosted and unhosted vacation rentals citywide.

View full Phoenix rules β†’

Key Facts Comparison

FactDenverPhoenix
Code referenceDRMC 33-202-
Primary residenceRequired for license-
Licenses per personOne only-
Tax obligationDenver Lodger's Tax-
Host presence-Not required
State statute-ARS Β§9-500.39
Restoring law-HB-2672 (2022)
Registration-Required citywide
Emergency contact-24/7 local contact required

Highlighted rows indicate differences between cities.

Denver FAQ

Can I run an Airbnb at my Denver investment condo?

No. DRMC 33-202 allows only your primary residence as a Denver STR. Investment, second-home, and corporate-owned units cannot get STR licenses. Long-term unfurnished rentals over 30 days are unaffected by the rule.

Can my Denver STR rent the whole house when I travel?

Yes. Hosts may rent the entire primary residence while temporarily away as long as it remains their primary residence year-round. Continuous absence beyond half the year forfeits primary residence status.

Phoenix FAQ

Does the owner have to live in the Phoenix STR?

No. Arizona law preempts owner-occupancy mandates. Phoenix allows whole-home rentals where no host is on site, provided the operator registers and meets noise, safety, and notification rules.

Can Phoenix ban short-term rentals?

No. ARS Β§9-500.39 preempts outright bans. Cities may regulate health, safety, registration, and nuisance impacts but cannot prohibit lawful short-term rentals based on duration alone.

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