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Passaic, NJ Short-Term Rentals: Extended Home Share (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permitted formats
Hosted partial-home share or unhosted owner-occupied only
Eligible dwellings
Single-family home, townhouse, or condominium only
Occupancy rule
Must be owner's principal residence, 275+ days/year
Certificates per owner
One Short-Term Rental Registration Certificate maximum
Effective date
Ordinance No. 2510-26, February 17, 2026

Summary

Passaic's zoning code caps short-term rentals to two formats citywide: a hosted partial-home share, where the owner keeps living in the home and rents out a spare bedroom or accessory unit, and an unhosted owner-occupied rental during the owner's absence. Whole-home rentals to non-owners, investor rentals, and any other short-term format are barred under Code of the City of Passaic § 317-16H.

(1) The residence for which a Short-Term Rental Registration Certificate is sought shall be a single-family home, townhouse, or condominium. ... (7) Short-term rental units must be occupied by the unit owner as their principal residence. ... (10) Only hosted partial-home short-term rentals and unhosted owner-occupied short-term rentals are permitted.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4978046; v41 updated 2026-07-01; through 07-01-2026).

Full Breakdown

Chapter 317's short-term rental conditional-use standards, added by Ordinance No. 2510-26 (effective February 17, 2026), restrict eligible dwellings to a single-family home, townhouse, or condominium, apartments in larger multi-family buildings do not qualify. § 317-16H(10) then narrows the field to only two permitted models: 'hosted partial-home short-term rentals,' defined at § 100-1 as a unit where a homeowner rents a portion of their home, such as a spare bedroom or accessory dwelling unit, and shares the property with the short-term renters, and 'unhosted owner-occupied short-term rentals,' where the owner rents the whole home while away, such as on vacation.

A tenant may never apply for or sublease under a short-term rental certificate, only the owner may hold one, and no owner or entity may hold more than one Short-Term Rental Registration Certificate citywide (§ 317-16H(4), (6)). The unit cannot be located in a cellar, and condo, co-op, or HOA units must show the association's governing documents actually permit short-term rentals before an application will be considered. Every qualifying rental still needs the Chapter 100 Short-Term Rental Registration Certificate before it can be advertised or occupied.

Violations & Fines

Operating or advertising a short-term rental in a format other than the two permitted models, or without a valid Chapter 100 certificate, exposes the owner, responsible party, agent, and any intermediary to Municipal Court fines up to $2,000 per violation (minimum $100 per violation per day) under § 100-15K. The Director of Inspections and Code may also suspend, revoke, or deny the certificate outright under § 100-15L.

Frequently Asked Questions

Can I rent out my entire Passaic home short-term while I'm not there?
Yes, but only as an 'unhosted owner-occupied short-term rental' under § 317-16H(10): you must still hold this as your principal residence, register for a Chapter 100 Short-Term Rental Registration Certificate first, and the rental cannot be a condo/co-op unit whose bylaws forbid short-term rentals. Whole-home rentals by non-owner-occupant investors are not a permitted format anywhere in the city.
Can I rent a spare bedroom in my Passaic home to short-term guests?
Yes: this is the 'hosted partial-home short-term rental' format defined at § 100-1, where you stay in the home and share it with renters using a spare bedroom or accessory dwelling unit. It still requires a Chapter 100 registration certificate before you advertise the room.
Can a tenant rent out their apartment on a short-term basis in Passaic?
No. Section 317-16H(4) bars tenants from applying for a Short-Term Rental Registration Certificate or subleasing on a short-term basis, and states no private lease provision can authorize it; violations can bring fines against the tenant, owner, agent, and responsible party alike.

Sources & Official References

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