Passaic, NJ Short-Term Rentals: Primary-Residence-Only Rule (2026)
Key Facts
- Residency requirement
- Owner's principal residence only
- Minimum days on-site
- 275 days per calendar year
- Proof required
- 2 of 3: ID, tax docs, utility bill
- Governing sections
- § 317-16H(7) and § 100-1
Summary
Passaic only lets owners register a short-term rental at the home where they actually live. Section 317-16H(7) requires the unit to be occupied by its owner as their principal residence, and § 100-1 defines that as the address where the owner spends at least 275 days a year.
(7) Short-term rental units must be occupied by the unit owner as their principal residence. PRINCIPAL RESIDENCE: A person's permanent residence or usual place of return for housing as documented by at least two of the following: motor vehicle registration state-issued identification; tax documents showing the residential unit as the person's residence; or a utility bill. A person may have only one principal residence and must reside there for a minimum of 275 days during the calendar year.
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
' Passaic doesn't leave 'principal residence' to interpretation, § 100-1 defines it with a documentary test and a durational floor. An owner has to document the address as their permanent residence with at least two of three proofs: motor vehicle registration or a state-issued ID, tax documents listing the unit as the person's residence, or a utility bill in their name at that address. Beyond the paperwork, the owner must actually reside there for a minimum of 275 days during the calendar year, and a person can have only one principal residence at a time.
For a property with two or more legally permitted dwelling units, such as a duplex, § 100-1 clarifies that 'principal residence' refers only to the specific unit the owner actually occupies. This 275-day floor works alongside the OWNER-OCCUPIED definition in § 100-1, which lets an entity owner satisfy the requirement through a principal, member, or other natural person with an ownership interest who lives at the address and identifies it as their principal residence. The Zoning Verification Letter required under § 100-15A(15) is where the City checks that the applicant's stated principal residence actually matches the property being registered.
Violations & Fines
Registering a short-term rental at a property that is not the owner's documented principal residence, or falling short of the 275-day residency floor, violates § 317-16H(7); the Director of Inspections and Code can deny, suspend, or revoke the Short-Term Rental Registration Certificate under § 100-15L, and operating without a valid certificate carries a fine of up to $2,000 and no less than $100 per violation per day under § 100-15K.
Frequently Asked Questions
Can I register a Passaic property as a short-term rental if I don't live there?
How does Passaic prove someone's short-term rental is their principal residence?
Can an LLC that owns a Passaic short-term rental meet the principal residence rule?
Sources & Official References
Other rules in Passaic
Compare Passaic to another location·View the New Jersey short-term rentals overview
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Primary-Residence-Only Rule in Nearby Cities
How other cities in Passaic County handle primary-residence-only rule.