Passaic, NJ Short-Term Rentals: Host Presence Rule (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.
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?
What's the difference between a hosted and unhosted short-term rental in Passaic?
Can a tenant register my Passaic rental unit as a short-term rental?
Sources & Official References
Other rules in Passaic
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Host Presence Rule in Nearby Cities
How other cities in Passaic County handle host presence rule.