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Is Airbnb legal in Albuquerque, New Mexico?

Legal citywide with a $120 permit; no cap on permits or nights. Albuquerque has allowed STRs citywide since 2021 with no zoning ban, no permit cap, and no night limit for investors. Each unit needs a Planning Department permit at $120 the first year and $90 a year to renew, plus a city business license and at least $250,000 in STR insurance, and operators sign a Good Neighbor Agreement. Three council bills to cap permits have all failed, most recently in February 2026.

Showing the researched rules for Albuquerque, NM below. Type your Albuquerque address to jump to the verdict.

Legal with permit

Legal citywide with a $120 permit; no cap on permits or nights

Albuquerque has allowed STRs citywide since 2021 with no zoning ban, no permit cap, and no night limit for investors. Each unit needs a Planning Department permit at $120 the first year and $90 a year to renew, plus a city business license and at least $250,000 in STR insurance, and operators sign a Good Neighbor Agreement. Three council bills to cap permits have all failed, most recently in February 2026.

Permit and costs

Permit
Short-Term Rental Permit
Issued by
City of Albuquerque Planning Department
Cost
$120 first year, $90 / year renewal (plus ~$35 / year business license)
Renewal
Annual

Key limits

Permit cap
None
Night cap
None
Occupancy
Two adults per bedroom plus two
Gatherings
Limited to twice max overnight occupancy, max 20 people, over by 10pm

Taxes

Combined lodging taxes
About 13.6% (gross receipts tax plus lodgers tax plus hospitality fee)

Registration checklist

  1. 1
    Apply for the permit
    File the STR permit application with the Planning Department for each unit.
  2. 2
    Get licensed and insured
    Add a City of Albuquerque business license and at least $250,000 in STR insurance per unit.
  3. 3
    Register for tax
    Get a New Mexico tax ID and report gross receipts and lodgers tax.

What could change this verdict

Your HOA
HOA covenants and deed restrictions can still be stricter than the city.
Property tax risk
Bernalillo County has reclassified some STR homes as commercial, removing the 3% residential valuation cap.

Sources

BNBCalc Albuquerque STR regulations 2026 · Steadily Albuquerque STR laws 2026

Rules researched October 2026. They change, so verify with the city before you buy.

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Verify before you buy. Rules change often and vary by zoning, HOA, and building type. This is a research starting point, not legal advice. Always confirm with the city's planning or business-license office before signing anything.