Monroe County does not impose a countywide cap on the number of nights a short-term rental can be booked. On December 9, 2025 the Monroe County Legislature voted 21-8 to opt out of the optional county short-term rental registry created by New York's 2024 STR law (S.885C/A.4130C, signed December 21, 2024 and amended by Chapter 99 of the Laws of 2025). Without a county registry there is no county-level mechanism to enforce a nightly cap. Statewide, the New York Multiple Dwelling Law (MDL) §4(8) makes whole-unit short-term rentals (under 30 days) of dwellings in covered Class A multiple dwellings illegal unless a permanent occupant is present. Any night-cap or stay-length limits within Monroe County come from individual towns, villages, or the City of Rochester, not from the county.
Monroe County is a home-rule county in upstate New York that historically has not regulated short-term rentals at the county level. New York's 2024 STR statute (S.885C/A.4130C, signed by Governor Hochul on December 21, 2024) authorized — but did not require — counties to create a county-wide short-term rental registry and to charge state and local sales and occupancy tax through booking platforms. The chapter amendment in February 2025 (Chapter 99 of the Laws of 2025, S.820/A.5686) finalized the framework. The Monroe County Legislature voted 21-8 on December 9, 2025 to opt out of creating a registry. County Executive Adam Bello supported the opt-out, citing an existing voluntary occupancy-tax agreement with Airbnb in place since 2018, which generated about $1.2 million for the county in 2024 and more than $880,000 through September 2025. The county is separately negotiating with Airbnb and Vrbo to receive voluntary listings of properties by ZIP code and number of nights rented. Because Monroe County did not opt in, it has no county registry, no county-issued STR permits, and no county-imposed cap on the number of nights per year a property may be rented. The statewide baseline that does apply: New York Multiple Dwelling Law §4(8) defines a Class A multiple dwelling and bars rentals of fewer than 30 consecutive days in such buildings unless a permanent occupant is present during the stay. The MDL applies primarily to buildings with three or more independent dwelling units in cities of 325,000+ population or where municipalities have adopted it; in Monroe County its main reach is large multi-family buildings in the City of Rochester. Within Monroe County, any actual nightly caps, primary-residence requirements, or maximum days-per-year limits are set by individual municipalities (e.g., the City of Rochester or the Towns of Brighton, Pittsford, Henrietta, Webster, Penfield, Greece, Irondequoit, etc.). Hosts should verify rules with their town or city clerk.
There are no county penalties for exceeding a nightly cap because no county cap exists. Hosts who violate New York Multiple Dwelling Law §4(8) face civil enforcement by the relevant municipality, including orders to cease the unlawful occupancy and fines under MDL Article 11. Failure to remit New York State sales tax and county occupancy tax can result in tax assessments, interest, and penalties from the New York State Department of Taxation and Finance.
See how Monroe County's night caps rules stack up against other locations.
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