Passaic, NJ Short-Term Rentals: Occupancy Limits (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.
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?
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Sources & Official References
Other rules in Passaic
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