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

Section 16-508(h) of the Las Cruces Municipal Code sets the overnight occupancy formula for every registered short-term rental unit at two people per bed plus two additional people per unit, and it expressly excludes children under age two from that headcount. The rule applies citywide to any property advertised or rented for stays of three months or less, as defined in Sec. 16-507, other than owner-occupied bed-and-breakfasts, hotels, and motels. Section 16-508(j) layers a separate gathering cap on top of the occupancy formula: a short-term rental cannot be used to host a gathering of more than fifteen people above the number of registered renters, or more than twice the renter limit, whichever produces the higher number.

Both limits were adopted December 15, 2025 by Ordinance No. 3103 as part of the city's first comprehensive Short-Term Rental Ordinance, codified at Sec. 16-506 through Sec. 16-512, and take legal effect January 1, 2026. Enforcement does not begin until July 1, 2026 under Sec. 16-510. Community Development Department staff, who also issue the mandatory business registration certificate under Sec. 16-508(a), police compliance, and any exceedance is defined as an 'offense' under Sec. 16-507 because it violates the requirements of the article. Because occupancy overruns often generate noise, parking, and party complaints from neighbors, the city can pursue an occupancy violation both as a standalone offense and, per Sec. 16-508(g) and (i), alongside fire-code and noise citations arising from the same event.