New Berlin, WI Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- Governing section
- New Berlin Code § 152-24 C(1)(e)[6]-[7]
- Per-bedroom cap
- Set by Wis. Admin. Code ATCP 72.14(2)(b)
- Per-area cap
- 8 occupants per 1,000 sq ft living area
- Absolute site cap
- Higher of 20 or ATCP 72.14(2)(b) limit
- Sleeping quarters
- Principal structure only, no accessory buildings
- Revocation trigger
- 3+ citations in one license year
Summary
New Berlin caps short-term rental occupancy at whatever Wisconsin's tourist rooming house rule, ATCP 72.14(2)(b), allows per bedroom, and separately limits guests to eight per 1,000 square feet of living area in the principal structure. Code Section 152-24 C(1)(e)[7] also bars more than the higher of 20 people or the ATCP limit from being on site at once.
[6]Occupancy limits shall not exceed the number of occupants allowed in Wisconsin Administrative Code Section ATCP 72.14(2)(b) per bedroom, and also shall not exceed eight per 1,000 square feet of living area within the principal structure.[7]A short-term rental property shall not have more people on site than the higher of 20 people or the maximum number of people allowed under Wisconsin Administrative Code Section ATCP 72.14(2)(b).
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 3 Update 1).
Full Breakdown
Section 152-24 governs short-term rentals, defined as a residential dwelling rented for a fee for fewer than 30 consecutive days. 14(2)(b), applied per bedroom, and adds a City-specific ceiling of eight occupants per 1,000 square feet of living area within the principal structure. 14(2)(b) maximum may be present at the property at any time, regardless of bedroom count. These caps sit alongside related certifications in the same subsection: sleeping quarters for a short-term rental may only be located within the principal structure, not in an accessory building such as a detached garage, and at least one off-street parking stall per guest bedroom is required, with a minimum of two stalls overall.
A violation of the occupancy terms is treated as a violation of the license conditions, subject to enforcement under Section 1-18 of the Municipal Code, with each day of a continuing violation counted as a separate offense.
Violations & Fines
Failure to adhere to the occupancy limits, after a license has issued, is a violation enforced under Section 1-18 of the Municipal Code, with each day of continuation a separate violation. It also counts toward the three-or-more-citations threshold in a single license year that gives the Common Council grounds to revoke the short-term rental license after notice and a hearing, regardless of whether the citations were issued to the owner, a property manager, or a renter.
Frequently Asked Questions
What sets the maximum guests per bedroom for a New Berlin short-term rental?
Can a short-term rental put guests to sleep in a detached garage or accessory building?
Is there a hard cap on how many people can be at a New Berlin short-term rental at once?
Sources & Official References
Other rules in New Berlin
Compare New Berlin to another location·View the Wisconsin short-term rentals overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.