Portland, ME Short-Term Rentals: Primary-Residence-Only Rule (2026)
Key Facts
- Owner-occupied definition
- § 6-150.1: registrant's primary residence
- Proof required
- Notarized affidavit + ID + homestead exemption
- Single-family home rule
- § 6-153(f): owner/permitted-tenant occupied only on mainland
- Non-owner-occupied cap
- 1.5% of prior-year long-term units (400 in 2025)
- Fee differential
- $100 vs $200 for a first unit (owner vs non-owner)
- False affidavit penalty
- $1,000 flat, § 6-155(d)
Summary
Portland's short-term rental code defines 'Owner-Occupied' as a unit the registrant actually owns and occupies as their primary residence, and bars registering a short-term rental in any mainland single-family home unless it is owner-occupied or tenant-occupied with the owner's permission, per City Code §§ 6-150.1 and 6-153(f).
Owner-Occupied shall mean a rental unit owned and occupied by the registrant as their primary residence. A short term rental unit in an owner-occupied multi-unit building, where the unit is not the primary residence of the owner, shall be counted as a non-owner occupied unit. Accessory dwelling units are not considered owner-occupied units for purposes of short term rental registration and regulation. ... For Short Term Rental units that are owner-occupied, the owner must provide a notarized primary residence affidavit, on forms provided by the City. ... No individual or entity may register a short term rental in any single family home unless it is owner-occupied; tenant-occupied with permission of the owner; or located on Peaks Island, or on an Outer Island.
Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.
Full Breakdown
Portland's short-term rental article treats 'owner-occupied' as a legal status, not a self-declared label. 1 defines it narrowly as a rental unit owned and occupied by the registrant as their primary residence, itself defined as the dwelling where a person lives more than half the year and lists as their address for tax and government ID purposes. The definition closes two loopholes: a unit in an owner-occupied multi-unit building isn't owner-occupied unless it's the owner's own primary residence, and an accessory dwelling unit is never counted as owner-occupied for short-term-rental purposes, no matter who lives in the main house.
Owners claiming the status must document it: § 6-151(c)(2)(a) requires a notarized primary residence affidavit on city forms plus a valid driver's license, state ID or passport and proof of the homestead exemption verified through the Assessor's records, or, for an owner ineligible for that exemption, a redacted tax return, with a one-time documentary waiver available at the Permitting and Inspections Director's discretion. The classification drives real consequences. Section 6-153(f) bars registering a short-term rental in any single-family home at all unless it is owner-occupied, tenant-occupied with the owner's permission, or located on Peaks Island or an outer island, a mainland single-family home that is neither is simply not eligible.
5% of the prior year's registered long-term rentals (400 units for 2025), while owner-occupied units face no citywide cap, and owner-occupied fees run half the non-owner-occupied rate at every tier, $100 versus $200 for a first unit, up to $2,000 versus $4,000 for a fifth.
Violations & Fines
Registering a mainland single-family home as a short-term rental without owner-occupied or permitted-tenant-occupied status violates § 6-153(f); under § 6-155(a) and (e), failing to register truthfully or renting an unregistered or misclassified unit is a violation subject to the § 6-1 per-day penalty schedule, and providing false information on the primary-residence affidavit carries a flat $1,000 penalty under § 6-155(d), with registration subject to revocation or denial under § 6-156.
Frequently Asked Questions
Can I rent out my single-family home in Portland as a short-term rental if I don't live there?
How does Portland verify a short-term rental is actually the owner's primary residence?
Do owner-occupied short-term rentals pay less than non-owner-occupied ones?
Sources & Official References
Other rules in Portland
Compare Portland to another location·View the Maine short-term rentals overview
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