After the Fifth Circuit's Hignell-Stark v. New Orleans (2022) ruling struck the homestead-exemption rule, the city restored a primary-residence requirement using non-domiciliary alternatives for residential STR permit eligibility.
Following the 2022 Fifth Circuit decision invalidating the homestead-exemption-only test as discriminatory against out-of-state owners, the City Council passed Ordinance 33,968 in March 2023 limiting residential T1/T2 permits to one per lot and requiring proof of primary residence through driver's license, voter registration, or vehicle registration tied to the address. Operators may only hold a residential STR permit at the home where they physically reside. Commercial-zone T3 permits remain available to non-resident investors but are capped per square block.
False residency declarations void the permit, trigger fines up to $500 per day of operation, listing removal, and a five-year ban on reapplication; the city audits residency annually.
New Orleans, LA
New Orleans requires every short-term rental to hold a city-issued permit under Code Chapter 26, Article IX, with permit type matching the underlying zoning ...
New Orleans, LA
T1 and T2 residential STR permits require the permitted operator to be physically present in the dwelling unit during guest stays, prohibiting unhosted whole...
See how New Orleans's primary-residence-only rule rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.