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Islip, NY Short-Term Rentals: Occupancy Limits (2026)

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

Key Facts

STR Guest Cap
N/A - STRs banned
Occupancy Disclosure
Required on application (Sec. 68-651(A)(6))
Family Definition
Single housekeeping unit (Sec. 68-649)
Overcrowding Test
Sec. 68-663 presumptions
State Baseline
NY Property Maintenance Code

Summary

Because true short-term rentals are prohibited, Islip sets no per-night STR guest cap. For permitted longer-term rentals, the application must state how many persons will reside in each unit, and Islip's strict zoning definition of 'family' limits unrelated-occupant use.

It shall be presumed that a single- or one-family dwelling unit is occupied by more than one family if it contains more than one kitchen or if two or more of the following features are found to exist on the premises... More than one mailbox, mail slot or post office address; More than one doorbell or doorway on the same side of the dwelling unit; More than one gas meter; More than one electric meter.

Source: Islip CodeView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4826765; v112 updated 2026-02-24; through 02-24-2026).

Full Breakdown

Islip does not publish a short-term-rental-specific occupancy cap because nightly/weekend transient rentals are banned outright under Town Code Sec. 68-650(E). For permitted rentals (14+ nights), Sec. 68-651(A)(6) requires the rental occupancy permit application to disclose 'the number of persons intended to be accommodated by, and to reside in, each such rental dwelling unit,' and Sec. 68-653 requires an on-site inspection before issuance to confirm the unit is not overcrowded or unsafe. The functional occupancy limit derives from Islip's zoning definition of 'family' in Sec. 68-649, which restricts a single-family dwelling to one family or its 'functional equivalent' - a group that lives and cooks together as a single, stable housekeeping unit, not a collection of separate roomers.

Sec. 68-663 lets the Code Enforcement Official presume an illegal multi-family/overcrowded use if a single-family dwelling has more than one kitchen or shows two or more indicators such as multiple mailboxes, doorbells, gas meters, electric meters, separate leases, or lockable internal partitions. New York State Property Maintenance Code occupancy and floor-area standards also apply as a baseline through Sec. 68-647 and Sec. 68-652.

Violations & Fines

Exceeding the lawful occupancy or operating an overcrowded or illegal multi-family rental contrary to Sec. 68-649 and Sec. 68-663 is a violation enforced under Sec. 68-666, with fines starting at $750 for a first offense.

Frequently Asked Questions

How many guests can stay in an Islip short-term rental?
Islip does not set a nightly STR guest cap because transient rentals under 14 nights are prohibited. For lawful longer-term rentals, the permit application must state the number of persons who will reside in the unit (Sec. 68-651(A)(6)), and the zoning 'family' definition in Sec. 68-649 limits unrelated-roommate occupancy.
What makes a rental 'overcrowded' under Islip code?
Town Code Sec. 68-663 lets enforcement presume an illegal multi-family or overcrowded use if a single-family home has more than one kitchen, or two or more indicators such as multiple mailboxes, doorbells, utility meters, separate leases, or lockable internal partitions.

Sources & Official References

Other rules in Islip

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