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Passaic, NJ Short-Term Rentals: Primary-Residence-Only Rule (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

View official code

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?
No. Section 317-16H(7) requires the unit to be occupied by the owner as their principal residence, and § 100-1 defines that as the address where the owner actually lives at least 275 days per calendar year, documented with at least two of three specific proofs.
How does Passaic prove someone's short-term rental is their principal residence?
Section 100-1 requires at least two of three documents: motor vehicle registration or a state-issued ID, tax documents listing the unit as the owner's residence, or a utility bill in their name at that address, plus actual residency there for a minimum of 275 days a year.
Can an LLC that owns a Passaic short-term rental meet the principal residence rule?
Yes, if a natural person with an ownership interest, a principal, member, or similar, actually lives at the property and identifies it as their own principal residence, per the OWNER-OCCUPIED definition in § 100-1; the entity itself cannot satisfy the residency requirement.

Sources & Official References

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