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Asheville, NC Short-Term Rentals: Primary-Residence-Only Rule (2026)

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

Key Facts

Primary residences allowed
One per operator
Proof-of-residency documents
Minimum 2 required
Co-applicant exception
Waives affirmation for absentee owner
Violation penalty
$500.00 per day

Summary

Asheville homestays can only be run from the operator's single primary home. Sec. 7-16-1(c)(9)d states a person can have only one primary, full-time residence, and the homestay must be operated from it. Applicants must affirm this under oath and back it with proof-of-residency documents, closing off using a second house or investment property as a homestay.

d. ... To be a "full time resident," the person must reside on the property on a permanent basis, and it must be the person's primary home. For purposes of this homestay ordinance, a person can only have one primary, full time residence, and the homestay must be operated from that primary, full time residence. e. Applicants must definitively affirm that they live at the property from which the homestay is operated and that they have only one primary, full-time residence. A minimum of two documents establishing proof of residency shall be supplied from an approved list of documents. This does not apply to property owners acting as a co-applicant.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-5: Contains Supplement, current through Ordinance 5245, passed 7-28-2026 | State legislation current through 2025 A.L.S. #3).

Full Breakdown

The homestay ordinance ties eligibility directly to where the operator actually lives. Sec. " A vacation house, a rental the owner does not occupy, or a second property held for investment cannot qualify no matter how often the owner visits it. Sec. 7-16-1(c)(9)e backs this with a documentation requirement at the application stage: applicants must "definitively affirm" that they live at the homestay property and have only one primary residence, supported by a minimum of two proof-of-residency documents drawn from the city's approved list. That affirmation and documentation step is waived only when the property owner is not the resident operator and instead joins the application as a co-applicant alongside the full-time resident, per Sec.

7-16-1(c)(9)f, in which case both are named on the permit with equal rights and responsibilities. The primary-residence rule works together with the one-homestay-per-lot cap in subsection (i) and the one-permit-per-person-or-entity cap in subsection (j) to prevent an owner from converting multiple properties into unhosted rental income under the homestay category.

Violations & Fines

Operating a homestay from a property that is not the operator's documented primary, full-time residence, or misrepresenting residency on the required affirmation, is a violation of Sec. 7-16-1(c)(9) subject to the $500.00-per-day civil penalty under Sec. 7-18-2(b)(1)c for unlawful homestay use, on top of denial or revocation of the permit at the required annual review and inspection.

Frequently Asked Questions

Can I run an Asheville homestay out of a second home or vacation property?
No. Sec. 7-16-1(c)(9)d says a person can have only one primary, full-time residence, and the homestay must operate from that residence. A vacation home, an unoccupied rental property, or a second house you visit occasionally does not qualify as your primary residence under the ordinance.
What proof do I need that a homestay is my primary residence?
Two documents, at minimum, from the city's approved list of proof-of-residency records under Sec. 7-16-1(c)(9)e, along with a definitive affirmation that you live at the homestay property and have no other primary residence. That affirmation requirement does not apply to a property owner who is a co-applicant rather than the resident operator.
Can a property owner get a homestay permit if they don't live there?
Yes, but only through a co-applicant arrangement under Sec. 7-16-1(c)(9)f. The owner and the property's full-time resident must apply together, and the permit is issued to both with equal rights and responsibilities; the owner alone, absent from the property, cannot hold a homestay permit.

Sources & Official References

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