Chicago, IL Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- Base cap
- 2 persons per guest room
- Children exemption
- Guest's kids under 18 excluded
- Fallback limit
- Building code capacity if lower
- Fine range
- $5,000–$10,000 per offense
- Notice
- City states the limit at registration
Summary
Chicago caps shared housing rentals at two guests per bedroom, or the building code's lower posted capacity, whichever is less.
Exceeding maximum occupancy – Prohibited. It shall be unlawful for any shared housing host to exceed the maximum occupancy limit of: (i) two persons, not including a guest's children under the age of 18, per guest room within the shared housing unit; or (ii) the actual allowed capacity of the shared housing unit based on the applicable provisions of the building code.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-74: Current through Council Journal of June 17, 2026).
Full Breakdown
Chicago's shared housing ordinance sets a hard occupancy cap for every registered rental: no more than two persons per guest room (bedroom), not counting a guest's own children under 18, or the unit's actual allowed capacity under the building code if that number is lower. A 'guest room' is any room used for sleeping, bathrooms, kitchens, closets, halls and storage spaces don't count toward the room total. When the city issues a host's registration number, the Department of Business Affairs and Consumer Protection notifies the host in writing of the exact maximum occupancy figure that applies to their unit.
Violations & Fines
Exceeding the posted maximum occupancy is a per-offense violation carrying a fine of $5,000 to $10,000, and each day the overcapacity condition continues counts as a separate offense.
Frequently Asked Questions
Does Chicago count children toward the STR occupancy limit?
What counts as a 'guest room' for the Chicago occupancy cap?
Sources & Official References
Other rules in Chicago
Compare Chicago to another location·View the Illinois short-term rentals overview
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Occupancy Limits in Nearby Cities
How other cities in Cook County handle occupancy limits.