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Albuquerque, NM Short-Term Rentals: Occupancy Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified June 2026

Key Facts

Code Section
ROA 1994 Sec. 13-19-7
Overnight Formula
2 adults per bedroom + 2
Two-Bedroom Unit
6 adults overnight
Three-Bedroom Unit
8 adults overnight
Adult Defined
Any person over 12 years of age
Gathering Cap
2x overnight or 20, whichever is less

Summary

Albuquerque caps overnight STR occupancy at two adults per bedroom plus two additional adults, so a two-bedroom unit allows six and a three-bedroom unit allows eight. An adult is anyone over 12 years of age.

A. The maximum overnight occupancy of an STRU is limited to a maximum of two adults per bedroom, plus an additional two adults for each unit excluding studios or efficiencies, such that a two bedroom house would have an overnight occupancy of six adults, or a three bedroom house would have an overnight occupancy of eight adults. For the purposes of this subsection, an adult is any person over 12 years of age. B. Gatherings of Persons in excess of the maximum overnight occupancy prescribed by subsection 'A', above, shall not exceed two times the maximum overnight occupancy or 20 persons, whichever is less. All such gatherings shall conclude and attendees disburse by 10:00 p.m. local time.

Source: Albuquerque Short-Term Rental PermitView official code

Full Breakdown

Section 13-19-7 of the Albuquerque Short Term Rental Ordinance limits maximum overnight occupancy to two adults per bedroom plus an additional two adults for each unit, excluding studios or efficiencies. The ordinance gives worked examples: a two-bedroom house has an overnight occupancy of six adults and a three-bedroom house has an overnight occupancy of eight adults. For this purpose, an adult is any person over 12 years of age, so children 12 and under are not counted. Daytime gatherings of persons in excess of the maximum overnight occupancy are separately limited under 13-19-7(B) to no more than two times the maximum overnight occupancy or 20 persons, whichever is less, and all such gatherings must conclude and attendees disperse by 10:00 p.m. local time. The required Good Neighbor Agreement posted in each unit must inform occupants of both the maximum overnight occupancy and the maximum gathering occupancy (13-19-5(F)).

Violations & Fines

Exceeding occupancy is enforced by the Zoning Enforcement Officer under 13-19-8 after a written notice and a 30-day grace period; continued violation triggers penalties under ROA 1994 Sec. 1-1-99, civil assessments of $500 per day, and possible permit revocation.

Frequently Asked Questions

How many guests can sleep in my Albuquerque STR?
Two adults per bedroom plus two more. A two-bedroom unit allows six adults overnight and a three-bedroom unit allows eight, under Section 13-19-7. Anyone over 12 counts as an adult.
Can I host a larger party than the overnight limit?
A daytime gathering may not exceed two times the maximum overnight occupancy or 20 people, whichever is less, and everyone must disperse by 10:00 p.m. local time under 13-19-7(B).
Do young children count toward the occupancy limit?
No. The ordinance defines an adult as any person over 12 years of age, so children 12 and under are not counted against the overnight occupancy cap.

Sources & Official References

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