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

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

Key Facts

Occupancy basis
Septic tank/leach field capacity
Governing law
City Code Ch. 136A
Effective
June 1, 2025
Certified by
Notarized owner affidavit
Licensing agency
Accounts Department

Summary

Saratoga Springs sets no flat guest cap for short-term rentals. Under Chapter 136A, maximum occupancy is limited to the number of occupants the property's septic tank and leach or absorption area can serve, certified by notarized affidavit.

[7] The maximum occupancy of the short-term rental unit shall be limited by the number of occupants allowed for the size of the septic tank and leach or absorption area. ... [1] A statement that the number of occupants within the short-term rental property meets the standards set forth herein.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4856340; v41 updated 2026-04-07; through 04-07-2026).

Full Breakdown

Chapter 136A took effect June 1, 2025. Rather than a fixed persons-per-bedroom number, § 136A-5A(3)(a)[7] ties a short-term rental's maximum occupancy to the capacity of its septic tank and leach or absorption area. The owner must file a notarized affidavit certifying that the number of occupants meets that standard and that posted parking notices keep vehicles off the septic field. The Saratoga Springs Accounts Department issues the license; the Fire Department must pass the property on inspection before approval and annually thereafter. Code Enforcement Officers may inspect for compliance with the owner's or property contact's consent.

Violations & Fines

A false or outdated occupancy certification, or occupancy exceeding septic capacity, is grounds for the Accounts Department to deny or revoke the short-term rental license; owners must promptly file a corrected affidavit when circumstances change.

Frequently Asked Questions

How many guests can a Saratoga Springs short-term rental hold?
There is no flat number. Maximum occupancy is limited to the number of occupants the property's septic tank and leach or absorption area can support, per § 136A-5A(3)(a)[7].
How is the occupancy limit enforced?
The owner submits a notarized affidavit certifying occupancy meets the septic standard. Non-compliance or a false affidavit lets the Accounts Department deny or revoke the license.
When did these rules take effect?
Chapter 136A, adopted by Local Law No. 5-2024 on December 17, 2024, took effect June 1, 2025.

Sources & Official References

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