Neither the City of Albany nor Albany County currently imposes an annual night cap (e.g., 90-night or 180-night limit) on short-term rentals. The City's STR framework was still in development as of May 2026, and Local Law K of 2025 at the county level focused on taxation and registration rather than a night cap. The binding limit on STR activity in Albany comes from New York State's Multiple Dwelling Law, which prohibits rentals of fewer than 30 days in Class A multiple dwellings (buildings with 3+ residential units) when the permanent occupant is not present.
Many U.S. cities impose annual night caps on short-term rentals β 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 2024β2026; 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) Β§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) β 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 β 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.
MDL Β§304 authorizes fines of up to $1,000 per day for illegal transient occupancy in a Class A multiple dwelling, with the city authorized to seek a civil penalty and vacate order. Repeat offenders can face escalating penalties up to $5,000 per violation under MDL enforcement provisions. The City of Albany Department of Buildings & Regulatory Compliance investigates complaints of illegal hotel use in multi-unit buildings; tips can be filed via 311 or the SeeClickFix app. Because no city-level annual cap exists, there is no separate cap-violation penalty at this time β but a future city ordinance may add one.
Albany, NY
Albany requires a permit from the Chief of Police to operate any device that amplifies sound from a radio, phonograph, or other sound-making device β whether...
Albany, NY
Albany prohibits the use of pile drivers, steam shovels, pneumatic hammers, derricks, and steam or electric hoists between 10:00 PM and 7:00 AM under Chapter...
Albany, NY
Albany Police remove abandoned vehicles under New York Vehicle & Traffic Law Β§1224 and the city's 72-hour street-parking rule. A vehicle is "abandoned" under...
Albany, NY
Albany's Unified Sustainable Development Ordinance (Chapter 375) restricts where boats, boat trailers, campers, travel trailers, and recreational vehicles ma...
Albany, NY
Installing a new driveway or curb cut in Albany requires a Right-of-Way Access Permit from the Department of General Services. The driveway must meet the acc...
Albany, NY
New York is one of a small group of states with a "spite fence" statute on the books. Under Real Property Actions & Proceedings Law (RPAPL) Β§843, any fence o...
See how Albany's night caps rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.