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.
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)).
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.
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