Saratoga Springs caps STR occupancy at 2 guests per bedroom plus 2, with 10 maximum (City Code §138). Clifton Park, Halfmoon, Malta, and Ballston Spa apply NY State Uniform Code occupancy (9 NYCRR 1219) of 200 sq ft per occupant. Saratoga Race Course season (late July-early September) sees strictest enforcement.
Saratoga Springs Chapter 138 (Short-Term Rentals), adopted 2020 and amended for 2024 race season, limits STR occupancy to 2 persons per bedroom plus 2 additional, capped at 10 total regardless of bedroom count. Permit applications under §138-5 must state maximum occupancy, and this figure must match all online listings (Airbnb, VRBO, Booking.com). Hosts are strictly liable for overcrowding and may have permits revoked under §138-11. Clifton Park does not allow unhosted STRs in most residential zones per Town Code §208-29, but where allowed, NY State Uniform Fire Prevention and Building Code (9 NYCRR Subchapter A) governs via 200 sq ft per occupant rule. Halfmoon Town Code §135 treats STRs as boarding houses requiring special use permit with occupancy set case-by-case. Malta Town Code §167-34 limits STR occupancy to 2 per bedroom. Ballston Spa Village Code applies similar caps. Sleeping in garages, RVs, tents, or vehicles on STR lots is prohibited under NY Residential Code R310 (egress) and local zoning. Saratoga Race Course season (Aug 1 - Labor Day) and Travers Stakes weekend draw peak enforcement; code enforcement officers actively respond to complaints about oversized groups.
First offense: written warning. Repeated overcrowding: $250-$1,000 fine per day per Saratoga Springs §138-11. Permit suspension or revocation for chronic violations. Listings must be updated to correct occupancy or face de-listing.
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See how Clifton Park's occupancy limits rules stack up against other locations.
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