New Mexico Airbnb Laws Now Include Permit Registration, Noise Ordinance Regulations, and More

Albuquerque, New Mexico

Enforces New Laws and Regulations

In 2020, the City of Albuquerque decided to enact ordinance 0-20-30, known as the “Short Term Rental Ordinance. The ordinance established a permitting fee and other amendments. In April 2021, the Short-Term Rental Ordinance went into effect, and they are now receiving applications for permits. To learn more, visit the City of Albuquerque’s website or visit their extensive FAQ page to answer many questions.

The current regulations are in place:

• Maximum Guests: Two adults per room are allowed. 
• Business Registration and Tax ID: Hots need to obtain these from the state before registering. 
• Good Neighbor Agreement: Post the agreement inside the unit to inform guests of applicable City Ordinances such as noise, litter and parking.
• Proof of Insurance: Maintain short-term rental insurance coverage in the minimum amount of $250,000 to insure against damages to guest(s), damages caused by guests, or damages to other persons (like neighbors).  
• Gatherings: May not exceed two times the overnight occupancy or 20 persons, whichever is less.

Bernalillo, New Mexico

Enforces New Laws and Regulations

As of February 2024, Bernalillo County, New Mexico, has regulations in place for short-term rentals (STRs), defined as any rental property used for less than 30 days. These regulations aim to ensure responsible operations of STRs while addressing concerns like tax collection and neighborhood peace. To learn more about the current regulations in place please visit the city of Albuquerque website. 

The current regulations are in place: 

• Permit: Hosts must obtain a Short-Term Rental (STR) permit and renew it annually. The cost is $120 for the first year and $90 after that. 
• Taxes: Hosts must pay Lodgers’ Tax and comply with other applicable taxes. 
• Occupancy: Maximum occupancy for sleeping is 2 people per bedroom plus two. The limit on gatherings is two times the maximum overnight occupancy, but no more than 20.  
• “Good Neighbor Agreement”: Posted inside of each STR informing guests of City Ordinances such as noise, littler and parking. 

Elephant Butte, New Mexico

Regulations for Short-term Rentals

Santa Fe, New Mexico

Santa Fe, New Mexico, joins the many other cities enacting Airbnb laws to regulate the growing short-term rental industry. The key addition to the city’s regulations is the requirement for short-term rentals to register with the city. Some of the other requirements are: 

• An owner of a short-term rental unit must have a city-issued business license and either a short-term rental permit or a short-term rental registration or a short-term rental registration 
• A city-issued permit or registration number must be included in all advertising of a short-term rental unit, including listings on a host platform. 
• A short-term rental unit must have a local operator who is available twenty-four (24) hours per day, seven (7) days per week, to respond to complaints regarding the operation or occupancy of the short-term rental unit. The operator must be accessible by telephone and able to be physically present at the short-term rental unit within one (1) hour of being contacted. 
• A short-term rental unit must meet all applicable building, fire, and safety codes, and all toilets, faucets, and shower heads must meet the water conservation requirements described in Section 25-2.6 SFCC 1987 SFCC 1987 
• The owner shall pay all applicable local, state, and federal taxes, including lodgers’ tax, gross receipts tax, and income tax. 
• Noise or other disturbance emitted from a short-term rental unit is prohibited after 10:00 p.m., including noise or disturbances emitted from decks, portals, porches, balconies, or patios. Noise monitoring equipment is encouraged.

The City of Santa Fe has capped the number of permits granted at 1,000 in order to maintain the “character of the city’s residential neighborhoods.” The overall goal of the city is to promote individual-owned short-term rentals over large speculators in order to increase local wealth and maintain a certain level of long-term rentals for resident use.  

Additional information, including the permit application process, can be found on the Santa Fe City Website. 

Taos, New Mexico

Updated Laws and Regulations

The City of Taos has updated their requirements for operating a short-term rental (STR). Ordinance No. 22-12 defines terms within the industry, explains the rules, explains how to apply for a permit, renew a permit, and what the violations are in case any rules are broken. To stay current on updated regulations, please check the City of Taos’ website.  

The current laws and regulations are in place:  

• Permit: Hosts must obtain a permit and be renewed annually. 
• Zoning: STRs are prohibited in the historic district, Historic Hotel Overlay Zones of the Town in Taos and in the Central Business District. STRs are only permitted in the following Zoning Districts: RA-20, RA-10, RA-6, RA, R-1, R-2, R-3, R-4, R-6, R-14, C-1 and C-2. 
• Safety: Working smoke detector, fire extinguisher, and other applicable safety features. 
• Guest Packets: STRs must provide a packet to their guests with the following information: 
  • Contact information for the host and local responsible party 
  • Safety Information 
  • Town rules and restrictions 
• Taxes: There is a 5% Lodger’s Tax on reservations of fewer than 30 nights. There is also a Gross Receipt Tax on businesses operating in Taos. Hosts are responsible for those taxes and any others that are associated with short-term rentals.