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Passaic, NJ Short-Term Rentals: Host Presence Rule (2026)

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

Key Facts

Permitted model 1
Hosted partial-home rental
Permitted model 2
Unhosted owner-occupied rental
Non-owner-occupied whole-house STR
Not permitted
Governing section
Code of the City of Passaic § 317-16H(10)

Summary

Passaic bans the classic whole-home-while-away-forever short-term rental. Section 317-16H(10) permits only two models: a 'hosted partial-home' rental where the owner shares the property with guests, and an 'unhosted owner-occupied' rental where the owner is only temporarily away, such as on vacation.

(10) Only hosted partial-home short-term rentals and unhosted owner-occupied short-term rentals are permitted. HOSTED PARTIAL-HOME SHORT-TERM RENTALS: A unit in which 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. UNHOSTED OWNER-OCCUPIED SHORT-TERM RENTALS: A unit in which a homeowner rents their home to tenants while away from home periodically, such as during a vacation.

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

Section 317-16H(10) narrows Passaic's short-term rental market to two owner-connected formats defined in § 317-10 and § 100-1. A 'hosted partial-home short-term rental' is a unit in which the homeowner rents a portion of the home, a spare bedroom or an accessory dwelling unit, while sharing the property with the guests during their stay. An 'unhosted owner-occupied short-term rental' is different: the homeowner rents the entire home to tenants but only while away periodically, such as during a vacation, and the property remains the owner's principal residence the rest of the year.

What the ordinance excludes matters as much as what it allows: a non-owner-occupied whole-house rental run as a standing investment property, with no owner living there at all, does not fit either defined category and cannot qualify for a Short-Term Rental Registration Certificate under § 100-15. The rule works together with § 317-16H(1), which limits eligible properties to single-family homes, townhouses, or condominiums, and § 317-16H(4), which requires the certificate holder to be the actual owner, a tenant cannot register or sublease a unit as a short-term rental. Together these provisions keep Passaic's short-term rental supply tied to owner-occupants rather than absentee investors operating units as de facto hotels.

Violations & Fines

Operating a short-term rental that is neither hosted nor owner-occupied, for example, an investment property with no resident owner, does not meet § 317-16H(10) and cannot receive a Short-Term Rental Registration Certificate; operating without one, or misrepresenting the hosting arrangement on the application, exposes the owner, agent, or intermediary to a fine of up to $2,000 and no less than $100 per violation per day under § 100-15K.

Frequently Asked Questions

Can I rent my whole Passaic house as a short-term rental while I live elsewhere?
No. Section 317-16H(10) only permits hosted partial-home rentals, where the owner shares the property with guests, and unhosted owner-occupied rentals, where the owner is only temporarily away. A property with no resident owner at all doesn't fit either category and can't be registered.
What's the difference between a hosted and unhosted short-term rental in Passaic?
In a hosted partial-home rental, defined in § 317-10, the owner shares the property with guests during the stay: renting a spare bedroom, for example. In an unhosted owner-occupied rental, the owner is away temporarily, such as on vacation, but the home remains their principal residence.
Can a tenant register my Passaic rental unit as a short-term rental?
No. Section 317-16H(4) requires the person offering the unit to be its owner; a tenant cannot apply for a Short-Term Rental Registration Certificate or sublease any part of the unit on a short-term basis, and violating that bar can trigger enforcement against both the tenant and the owner.

Sources & Official References

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