Local Airbnb restrictions: how to check if STR is even legal in your city

Category: Getting Started

By: Kevin O'Brien

Posted: 2025-12-20T09:42:31.843Z

I almost made a huge mistake. I was about to sign a lease for Airbnb arbitrage in a suburb of Atlanta and discovered AT THE LAST MINUTE that the city had banned short-term rentals in residential zones. This made me realize — a LOT of new hosts don't even check local regulations before they start. And the regulations vary wildly from city to city. Can we build a guide on HOW to check if STR is legal in your area? What databases, websites, or offices should people contact? What are the most common types of restrictions?

Reply by Lauren Fischer:

This is SO important and barely anyone talks about it until they get burned. I almost made a similar mistake in Tampa. Here's my process — it's not glamorous but it works: First, go to your city/county government website and search "short-term rental" or "vacation rental." Most decent-sized cities have a dedicated page now. Look for permit requirements, zoning restrictions, and occupancy limits. But don't trust the website alone! I've found outdated info on city sites multiple times. Call your Planning & Zoning department directly. Ask them: "Is short-term rental activity under 30 days permitted at [your address]?" Try to get them to put it in an email so you have documentation. Check state-level laws too — some states like Arizona have preemption laws that stop cities from banning STR. Others like New York basically give cities full power to crush it. Then check your HOA (if applicable) and your lease (if renting). Even if the city says yes, your HOA can still say no. The most common restriction types I've seen across cities: - Total bans in residential zones (Atlanta suburbs, parts of NYC) - Day caps — like SF's 90-day limit or London's similar cap - Primary residence requirements — Denver, Portland - Permit/registration systems — Nashville, Austin, most major cities - Occupancy taxes on top of everything else The trend is moving toward MORE regulation everywhere, not less. Always verify before you invest a single dollar. Airbnb has a regulation page but it's often out of date — your city clerk's office is the real source of truth. We've got some city-specific regulatory breakdowns at https://strspecialist.com/blog that might help with the major markets.

Reply by Ryan Tanaka:

Adding some of the most commonly restricted cities that catch people off guard: **Essentially banned or extremely limited:** - New York City — illegal to rent entire apartment for <30 days unless host is present (Local Law 18) - Santa Monica, CA — home-sharing only (must be present), no entire-home rentals - Jersey City, NJ — 60-day cap per year, $200 permit fee **Primary residence requirement (no pure investments):** - Denver, CO — must be primary residence, strictly enforced - Portland, OR — must be primary residence - San Francisco, CA — primary residence + 90-day cap when host is away **Heavy regulation but still viable:** - Nashville, TN — permits required, Type 3 (non-owner-occupied) capped in residential zones - Austin, TX — permits required, Type 2 restricted by zone - New Orleans, LA — permits required, banned in French Quarter residential areas - Honolulu, HI — 90-day minimum in most zones (effectively banned STR) **STR-friendly cities:** - Gatlinburg/Pigeon Forge, TN — vacation rental capitals, very accommodating - Destin/Panama City Beach, FL — tourism economy, STR-friendly - Scottsdale, AZ — state preemption law prevents cities from banning STRs - Kissimmee/Orlando area, FL — large STR economy, well-regulated but permissive - Branson, MO — vacation rental friendly The trend nationally is toward MORE regulation, not less. Always check BEFORE you invest.