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

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

Key Facts

Occupancy cap
2x number of legal bedrooms
Max per sleeping room
4 occupants
Minimum floor space
100 sq ft for 1st occupant
Minimum air space
400 cubic feet per occupant
Added
Dec. 6, 2022 by L.L. No. 11-2022

Summary

City of Oneida Code Section 190-26.3 caps every short-term rental at twice the number of legal bedrooms in the unit. A sleeping room may hold no more than four occupants, and each occupant needs at least 100 square feet of floor space and 400 cubic feet of air space to count as legal sleeping capacity.

(c) No unit used for a short-term rental use shall be rented for the accommodation of more individuals than two times the number of legal bedrooms in such unit. [1] No more than four occupants shall be permitted to sleep in one sleeping room; however, no room shall be used for sleeping purposes unless there is at least 100 square feet of floor space for a single occupant and 50 square feet for each additional occupant and 400 cubic feet of air space for each occupant occupying any sleeping room in said house.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4996966; v33 updated 2026-07-07; through 07-07-2026).

Full Breakdown

G(2)(c), added December 6, 2022 by Local Law No. 11-2022, ties short-term rental occupancy directly to bedroom count: a unit cannot be rented for more people than two times its number of legal bedrooms. The section then sets the room-by-room math Code Enforcement uses to verify that bedroom count is legal in the first place. No more than four occupants may sleep in a single sleeping room, and that room needs at least 100 square feet of floor space for one occupant plus 50 additional square feet and 400 cubic feet of air space for each additional occupant.

A furnished apartment needs at least 150 square feet for one occupant plus 100 additional square feet for each additional occupant, again with 400 cubic feet of air per occupant. The same room cannot be used by different people for sleeping in the same 24-hour period, each sleeping room needs a window equal to at least 10% of its floor area that opens to outside air, and a basement room only qualifies if at least half its height is above ground level. These occupancy standards sit inside the same operating-permit regime that covers parking, smoke and carbon monoxide detectors and fire separation, so overfilling a rental risks the same order-to-remedy and revocation process that covers any other short-term rental violation.

Violations & Fines

Verified over-occupancy is a violation of the operating permit under Section 190-26.3.G(1)(c)[c]. Beyond permit action, Section 190-39 makes violating any zoning chapter provision, including the occupancy cap, punishable by a fine of up to $250 and up to 15 days in jail, with each week of continuing violation counted as a separate offense.

Frequently Asked Questions

How many people can rent a short-term rental in Oneida?
City of Oneida Code Section 190-26.3.G(2)(c) limits occupancy to twice the number of legal bedrooms in the unit. A single sleeping room cannot hold more than four occupants, and each occupant needs at least 100 square feet of floor space and 400 cubic feet of air space under the same subsection.
What happens if a short-term rental in Oneida is over capacity?
Verified over-occupancy is a violation of the operating permit itself under Section 190-26.3.G(1)(c)[c], which can trigger an order to remedy and permit suspension or revocation, in addition to the general zoning fine of up to $250 under Section 190-39.
Does the occupancy cap depend on bedrooms or unit size?
Both. The headline cap is two occupants per legal bedroom, but Section 190-26.3.G(2)(c)[1]-[2] also requires minimum floor space and air space per person, so a bedroom too small to meet those minimums does not count toward the bedroom total.

Sources & Official References

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