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Passaic, NJ Short-Term Rentals: Occupancy Limits (2026)

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

Key Facts

Occupancy standard
Set per-unit by Code Enforcement Inspectors
Basis
Building, fire and property maintenance codes
Minimum primary occupant age
21
Vehicle limit
1 per 2 occupants (default)
Adopted
Feb. 3, 2026 by Ord. No. 2512-26

Summary

Passaic doesn't set one fixed head-count for short-term rentals; instead, City Code Enforcement Inspectors calculate a unit-specific 'occupancy load', the maximum guests allowed, from the applicable building, fire and property maintenance codes for that particular unit.

§ 100-1. Definitions. OCCUPANCY LOAD Is the maximum number of occupants permitted in a short-term rental unit, as determined by the City Code Enforcement Inspectors based upon applicable building, fire, and property maintenance codes.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4978046; v41 updated 2026-07-01; through 07-01-2026).

Full Breakdown

Chapter 100's definitions section, added by Ordinance No. 2512-26 on February 3, 2026 as part of Passaic's new short-term rental registration program, defines OCCUPANCY LOAD as 'the maximum number of occupants permitted in a short-term rental unit, as determined by the City Code Enforcement Inspectors based upon applicable building, fire, and property maintenance codes' (§ 100-1). Rather than writing one citywide bedroom or square-footage formula into the short-term rental chapter itself, Passaic ties each unit's cap to the standards already set by the Uniform Construction Code, the Fire Prevention chapter and Chapter 219, Property Maintenance, as applied by inspectors during the registration review required under § 100-15A(14).

The same registration application also indirectly limits guest vehicle traffic tied to occupancy: renters are limited to one vehicle per two occupants on-site, unless the City approves otherwise (§ 100-15A(9)). Separately, § 100-15I bars renting a short-term unit to a primary occupant younger than 21, and requires at least one adult over 21 to be present in the unit for the full term of any stay, tying occupancy composition, not just headcount, to a hard rule rather than an inspector's calculation.

Violations & Fines

Exceeding the occupancy load an inspector has set for a unit is enforced as a property-maintenance or fire-code violation, carrying the Code's general penalty of up to $2,000 or 90 days under § 1-3, and can also support suspension or revocation of the unit's Short-Term Rental Registration Certificate under § 100-15L for open code violations.

Frequently Asked Questions

Does Passaic set a fixed maximum guest count for short-term rentals?
No single citywide number. Section 100-1 defines 'occupancy load' as the maximum occupants permitted in a specific short-term rental unit, as determined case-by-case by City Code Enforcement Inspectors applying building, fire and property maintenance codes.
Can a teenager rent a short-term rental in Passaic on their own?
No. Section 100-15I requires the primary occupant who signs the rental agreement to be at least 21, and at least one adult over 21 must be present in the unit for the entire stay.
How many cars can short-term rental guests bring in Passaic?
The registration application limits renters to one vehicle per two occupants on-site unless the City approves otherwise, under § 100-15A(9).

Sources & Official References

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