Short Term Rentals
The deadline for renewals of existing STRs was 5:00pm April 15th, 2021.
If you are having issues submitting your STR Renewal Application using the online CSS portal, please contact our office via email at [bot protected email address] so we have a timestamped record of your attempt to renew prior to the deadline. Phone calls to the STR office will not be accepted for documentation purposes.
If you do not apply for renewal by 5:00pm, April 15th your permit will expire and will no longer be valid.
If your permit expires and you re-apply, your application will be subject to several new provisions of the recently updated STR Ordinance (Ord. 2020-35). Among other changes, the revised ordinance states newly issued permits shall be limited to one per natural person, and that the City will not issue a new permit for a short-term rental unit if the subject property is located within a fifty (50)-foot radius of a residentially zoned property that has a permitted short-term rental unit.
The STR Office offers online submittal of both new applications or renewals.
The CSS portal will be available for the 2021 STR renewals. Please use Google Chrome or Firefox when accessing the CSS website. The CSS site does not support the Safari browser.
Follow this link to access CSS to create an account and process a new or renewed STR permit:
Please see the document below for detailed instructions for renewing existing STR permits via CSS. Please use Google Chrome or Firefox when accessing the CSS website. The CSS site does not support the Safari browser.
If you have questions regarding CSS portal please contact [bot protected email address], or call 505-955-6336
STR Office is Closed due to current public Health order:
During the current public health emergency, our physical office is closed to the public, along with other offices located at City Hall. Short term rental staff continues to be available by phone (505-955-6336) and email ([bot protected email address]). Applications for new short term rental permits must be submitted using the city’s online Citizen Self Service (CSS) portal.
The City of Santa Fe is requiring operators of short-term rental units to comply with the public health orders as we try to stem the spread of the novel coronavirus. The city is reaching out to registered short-term rental operators to ensure awareness of current COVID-19 guidance and encourage operators to refund or credit any guests wishing to cancel or postpone existing reservations. Thank you for your help in keeping Santa Fe safe for all our residents, workers and visitors!
The State of New Mexico Department of Health is now providing county-by-county guidance establishing safe levels of operation for industries and businesses across the state (https://cvprovider.nmhealth.org/public-dashboard.html). As Santa Fe County continues to move from Red, to Yellow, to Green, we ask Short Term Rental Hosts and Operators to observe the following occupancy restrictions:
GREEN: 75% of maximum occupancy (up to maximum of 10 guests) for units that meet NM Safe Certified standards (https://nmsafecertified.org/). Non-certified units limited to 40% occupancy.
ABOUT SHORT TERM RENTALS
A short-term rental is any dwelling unit rented for less than 30 calendar days. All short-term rentals are required to obtain a Business Registration (Business License) and a Short Term Rental Permit. The Short Term Rental Ordinance (14-6.2(A)(5) and (A)(6) SFCC 1987) [[[CREATE A LINK HERE TO 14-6.2(A)(5) and (A)(6): https://library.municode.com/nm/santa_fe/codes/code_of_ordinances?nodeId=CH14LADE_ART14-6PEUSUSRE_14-6.2UECST]]] also regulates
- How often the unit may be rented
- How many guests may occupy the unit
- Providing off-street parking spaces
- Notification of neighbors by mail when a permit is approved
- Providing a 24-hour phone number for neighbors to reach the owner or manager with complaints
- Payment of applicable taxes, including state gross receipts tax and city lodgers tax
- Including the city permit number in all advertising
- Compliance with covenants that prohibit short term rentals
City regulations cap the number of short term rentals at 1,000 units in residential zoning districts, and limit short term rental units to no more than than two adjacent houses on residential streets.
Should you have any questions, concerns or complaints, please contact the Short-Term Rental Office by phone at (505) 955-HOME (4663), (505) 955-6336 or by email at [bot protected email address]. Please allow up to 24 hours for responses.
Our normal hours of operation are Monday through Friday 8 am to noon and 1 pm to 5 pm. During the current public health emergency, our physical office is closed to the public, along with other offices located at City Hall. Short term rental staff continues to be available by phone and email. The online Citizen Self Service portal is available to process applications for new short term rental permits and renewals.
Police Contact Information:
- If you have an emergency please dial 911.
- For non-emergency concerns please call (505) 428-3710.
City of Santa Fe Land Use Department
Attn: Short-Term Rental Office
PO Box 909
Santa Fe, NM 87504-909
[bot protected email address]
City of Santa Fe Land Use Department
Short-Term Rental Office
200 Lincoln Ave.
Santa Fe, NM 87501
Changes to Lodgers' Tax Ordinance Eliminate Two Exemptions
Tax Now Paid on Small Short-Term Rentals and Stays Longer than 30 Days
On April 28, 2021, the Santa Fe Governing Body approved amendments to the City’s Lodgers' Tax Ordinance, consistent with state lodgers’ tax legislation. The amendment results in two changes for hotels and short-term rentals that collect and remit lodgers’ tax within the City.
The exemption for rentals with fewer than three rooms is eliminated. Every rental, regardless of size, is required to collect and remit lodger’s tax.This exemption was originally intended to help very small bed and breakfast operations in the late 1970s. With the explosion of the online booking industry and of short-term rentals in private homes, this exemption became outmoded. Subsequent to this ordinance change, there are no exemptions based on size, and all owners and rental guests are treated equally.
All rentals for non-permanent residents are required to collect and remit lodgers’ tax without regard to the length of the stay. This eliminates the prior exemption for rentals of more than 30 days.This means that visitors will continue to pay lodgers' tax on their rental after 30 days in the same rental, unless they can prove that they are making Santa Fe their permanent, tax-paying residence. The lodgers’ tax collected from rental stays after the 30th day will go to the Affordable Housing Trust Fund.
Owners of hotels and short term rentals must comply or face the probability of penalties and interest for under-reported occupancy revenues, and will be obligated to remit the appropriate tax amount from their own income if rental guests are not properly charged.
New Short-Term Rental Ordinance
The Governing Body approved a new Short-Term Rental Ordinance on December 9, 2020 that goes into effect on January 1, 2021. All short-term rental owners and operators are responsible for understanding and following the new rules and regulations outlined within the ordinance. For questions regarding the new short-term rental regulations, please contact the Short-Term Rental Office at 505-955-6336 or [bot protected email address].
The new ordinance includes the following major changes:
- Adopts a city-wide maximum of one thousand (1000) short-term rental permits on residentially zoned property;
- There is no limit on the number of registrations that can be issued for non-residentially zoned properties. All short-term rental units require a business license.
- Prospectively limits the number of short-term rental permits to one per natural person for residentially zoned properties;
- A natural person is defined as "an individual human being, as opposed to an organization of any form or a business entity". While the short-term rental permit must be issued to a natural person, the property itself does not need to be owned by a natural person.
- Permits cannot be transferred with the sale of a property or to another person. Permits may be transferred to a spouse of domestic partner upon the death of the permit holder, but only if the surviving spouse or domestic partner does not already hold a permit.
- Prospectively limits the proximity of short-term rental units for residentially zoned properties;
- Residentially zoned: A short-term rental unit cannot be within 50 feet of an existing short-term rental unit, measured at the property boundary. For apartments, condos, or other multi-unit structures with four or more units, no more than 25% of the units can be rented as a short-term rental. No more than 12 permits will be issued for a single multi-unit dwelling. Multi-unit dwellings with 3 or fewer units are subject to the 50-foot rule.
- Non-residentially zoned: No more than 12 registrations will be issued for a single multi-unit dwelling.
- Requires a local operator for short-term rental units;
- The local operator must be able to be physically present at the short-term rental unit to respond to emergencies and complaints within 1 hour of receiving the complaint.
- Adopts record-keeping and reporting requirements for short-term rental owners and host platforms.
- Owner/operators must keep records from the three most recent years, and these records must be available for review by the City upon request. Records must include:
- Residentially zoned: date of each reservation and number of nights per reservation; amount of rent paid by guests per month; and amount of each type of tax and fee paid to the City by month.
- Non-residentially zoned: amount of rent paid by guests per month; and amount of each type of tax and fees paid to the City by month.
- NOTE: In residential zones, a unit may be rented once in a seven-day period. The seven-day rule does not apply from November 15th to January 15th.
- The owner/operator must post the permit or license number on all advertisements for the short-term rental unit, including on host platforms (e.g., Airbnb, VRBO). If a permit or registration is invalid, the host platform must remove the listing within 5 days.
- The City also has a contract with Host Compliance, a service that helps the City collect information from online host platforms and assists the City in implementing and enforcing its regulations.
All permits submitted by December 31, 2020 will not be subject to the proximity requirements or the one permit per natural person rule. The City will begin requiring the previous year’s records during the March 15, 2022 re-application period (2021 records).