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  1. Home
  2. ·
  3. Regulations
  4. ·
  5. New Mexico
  6. ·
  7. Santa Fe

Santa Fe

Strict
New MexicoUpdated Apr 15, 2026
Gold-standard verification1% sourced

Cross-referenced against 3 official sources — municipal codes, planning-department pages, and government registries.

Verified Jan 30, 2026Sources 3

Summary

Plain-english overview

The City of Santa Fe strictly regulates short-term rentals, limiting non-owner occupied permits to one per person and imposing a significant $1,000 initial application fee. Hosts must collect and remit a 7% Lodgers' tax in addition to state gross receipts tax.

Restriction level

Severity 48
Classification
Strict
48
Severity

Why this classification

  • High permit fee: $1000
  • Limited to 1 property per owner
  • Tenants cannot host
  • Permit required
  • Reporting required
  • No night cap
  • No primary residence requirement

In plain English

What this means for you

To host an Airbnb in the City of Santa Fe, you must first apply for a specific Short-Term Rental permit which costs $1,000 for the first year. You are generally only allowed to hold one short-term rental permit for a property you don't live in. You must also pass a fire inspection and display your permit number on all online listings. Even if your platform (like Airbnb) collects taxes for you, the city requires you to file a monthly report to confirm your booking activity.

At a glance

Key numbers
Permit requiredYes
Night limitNone
Primary residenceNot required
Total tax rate0.2%
Permit fee$1,000
Processing time4-8 weeks

7 things hosts often miss

Common compliance gaps
  1. 1Verify if you are in the 'City' or 'County' - County rules are less restrictive but apply only outside city limits.
  2. 2Initial application fee is $1,000, which is significantly higher than neighboring jurisdictions.
  3. 3Non-owner occupied permits are limited to one per individual.
  4. 4ADUs built after 2017 are generally prohibited from being used as short-term rentals.
  5. 5Monthly lodgers' tax reports must be filed even if you had zero bookings that month.
  6. 6The 2-night minimum stay is strictly enforced by the city's code enforcement team.
  7. 7You must post a 'Notice to Neighbors' including your 24/7 contact information.

Regulation details

Sourced from official code
Eligibility11 rules
  • Santa Fe prohibits STRs in the following property types: ADUs (Accessory Dwelling Units) built after 2017, Tents, RVs.
  • Santa Fe rent control/RSO note: Rent-controlled units or government-subsidized housing cannot be used for STRs.
  • Santa Fe does NOT allow tenants to host STRs. Only property owners may operate short-term rentals.
Requirements19 rules
  • Santa Fe: You must post a 'Notice to Neighbors' including your 24/7 contact information.
  • Santa Fe, NM has different permit classes: Owner-Occupied (Unlimited), Non-Owner Occupied (1 per person limit). Hosted vs. unhosted rentals have different requirements.
Application process10 rules
  • STR regulations overview for Santa Fe: The City of Santa Fe strictly regulates short-term rentals, limiting non-owner occupied permits to one per person and imposing a significant $1,000 initial application fee. Hosts must collect and remit a 7% Lodgers' tax in addition to state gross receipts tax.
Fees & costs2 rules
  • Santa Fe: Initial application fee is $1,000, which is significantly higher than neighboring jurisdictions.
  • Santa Fe charges a registration fee of $1000 (annual). Extended/additional fee: $100 (Application fee is $1,000 for new permits; $100 for renewals.).
Taxes3 rules
  • New Mexico has a state sales tax of 8.0625% that applies to STR rentals.
  • Santa Fe charges a Lodgers' Tax of 7%. This applies to stays under 30 days. Platforms like Airbnb collect and remit this tax. Note: Airbnb and VRBO remit the 7% Lodgers' Tax, but hosts must still file monthly reports even if zero tax is due.
Limits & restrictions11 rules
  • Santa Fe requires a minimum stay of 2 nights.
  • Santa Fe, NM occupancy calculation: 2 persons per bedroom, plus 2 additional guests, not to exceed 10 total.. Count your bedrooms to determine your max guest limit.
  • Santa Fe: Verify if you are in the 'City' or 'County' - County rules are less restrictive but apply only outside city limits.
Safety requirements1 rule
  • Santa Fe requires the following safety measures for STRs: smoke detectors, CO detectors, fire extinguisher, fire inspection, posted maximum occupancy, posted emergency contact, Parking layout must be posted, Noise ordinance must be displayed.
Penalties3 rules
  • Santa Fe enforces the following penalties for STR violations: First offense: $500 per day. Second offense: $500 per day and possible permit suspension. Third offense: Permit revocation. Daily fine: $500. Maximum fine: No maximum stated; accumulates daily. Permit may be revoked for violations.
Exemptions3 rules
  • Santa Fe: Rentals of 30+ days are generally NOT considered short-term rentals and may be exempt from STR regulations (but may have other requirements).
  • Santa Fe exempts the following from STR regulations: long-term rentals (30+ days), extended stays.

Frequently asked questions

5 answered

Disclaimer

Regulatory information is AI-researched from public city/county codes for educational purposes. Details may be outdated or incomplete. Always verify requirements directly with your city/county planning department before operating a short-term rental.

Researched & verified by Learn STR at GoStudioM

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