Albany, NY Short-Term Rentals: Night Caps (2026)

Many U.S. cities impose annual night caps on short-term rentals — for example, San Francisco's 90-night cap on un-hosted whole-home rentals, or Boston's residency requirement. Albany has not adopted such a cap. The City's Common Council began publicly developing an STR framework in February 2024 (subcommittee presentation on February 7, public comment portal opened February 5), and that work has continued through 2024–2026; a draft city ordinance and the City of Albany's Short-Term Rentals information page describe registration, safety, and operational rules under consideration, but no final annual night cap has been enacted as of this writing.

Albany County's Local Law K of 2025, approved May 12, 2026, focused on extending the County's 6.5% hotel occupancy tax to STRs and establishing a county-wide STR registry effective in 2026. It did not impose a per-property annual night cap.

The operative restriction on Albany STR activity therefore comes from New York State, not the city or county. The Multiple Dwelling Law (MDL) §4(8)(a) defines a Class A multiple dwelling as a building with three or more residential units intended for permanent occupancy, and prohibits use of any unit in such a building for rentals of fewer than 30 consecutive days unless the permanent tenant is physically present throughout the stay. Practically, that rules out the majority of whole-unit STRs in Albany's historic brownstone districts and downtown apartment buildings (Center Square, Mansion Hill, Hudson/Park) — owners can host roommate-style stays while present but cannot operate the unit as a continuous unhosted Airbnb.

For single-family homes and two-unit dwellings in residential districts (R-1, R-2 under the USDO), the MDL 30-day cap does not apply, and there is no per-property annual cap at the city or county level — only the registration and occupancy-tax requirements described in companion ordinances. The City's pending STR framework may add a cap (such as a hosted-vs-unhosted distinction, or an annual limit) once finalized; hosts should monitor the City's STR information page and Common Council agenda for updates.