Albany County STR occupancy follows NYS Uniform Code (FC §403.2) and local rules. City of Albany Code §231 caps STR occupancy at 2 per bedroom plus 2, max 10. Town rules in Colonie, Bethlehem, Guilderland are similar. NYS DOH Part 7 sanitation applies.
Albany County does not have a countywide STR occupancy rule, but New York State Fire Code §403.2 establishes baseline occupant load calculations for residential occupancies. Most Albany County municipalities impose a 2-per-bedroom-plus-2 standard, capped at 10 total guests. The City of Albany (Code Chapter 231 amended 2022) requires STR operators to register, limits occupancy to 2 adults per bedroom plus 2 (max 10), and requires a 24/7 local contact. Colonie Town Code restricts STRs in most residential zones and caps occupancy in permitted STRs. Bethlehem follows a similar framework. Listings on Airbnb/VRBO must state accurate occupancy. Sleeping in garages, tents, RVs, or vehicles on-site is prohibited — only bedrooms meeting NYS Residential Code egress requirements count. NYS Department of Health 10 NYCRR Part 7 sanitation rules apply to STR water, septic, and pool facilities.
First violation: written warning. Repeated overcrowding: fines $250 to $1,000 per incident in Albany City. Permit suspension for 6 months to 1 year on third offense. Listing false occupancy: deceptive practice penalties may apply.
Albany County, NY
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