Austin vs Santa Fe
Texas Legal but Limited | New Mexico Legal but Limited
Disclaimer: General information only — not legal advice. Verify with your local government.
| Requirement | Austin, Texas | Santa Fe, New Mexico |
|---|---|---|
| Legality Status | Legal but Limited | Legal but Limited |
| Permit Fee | $450/year (Type 2); $50/year (Type 1 homestead) | $100 one-time application + $325/year permit and business license |
| Tax Rate | 15% Hotel Occupancy Tax (9% city + 6% state) | ~8.44% gross receipts tax + 7.1% lodgers' tax |
| Annual Day Limit | No limit | No limit |
| Renewal Interval | Annual | Annual |
| Platform Remits Taxes | No — host must remit | Yes |
| Max Fine Example | $500–$2,000/violation; license revocation possible | Up to $500/day for operating without permit |
| Verdict | Both cities have comparable STR regulatory environments. | |
Austin, Texas
Status Legal but Limited
Permit Fee $450/year (Type 2); $50/year (Type 1 homestead)
Tax Rate 15% Hotel Occupancy Tax (9% city + 6% state)
Day Limit No limit
Renewal Annual
Platform Tax No
Max Fine $500–$2,000/violation; license revocation possible
Santa Fe, New Mexico
Status Legal but Limited
Permit Fee $100 one-time application + $325/year permit and business license
Tax Rate ~8.44% gross receipts tax + 7.1% lodgers' tax
Day Limit No limit
Renewal Annual
Platform Tax Yes
Max Fine Up to $500/day for operating without permit
Both cities have comparable STR regulatory environments.
Austin Overview
Type 1 (owner-occupied) is allowed citywide. Type 2 (non-owner-occupied) licenses are no longer issued in residential areas — existing Type 2 licenses expire April 2027.
Full Austin guide →Santa Fe Overview
Residential zone STRs capped at 1,000 citywide permits; one per person; must be 50+ feet from another STR. Rentals limited to once per 7-day period (except Nov 15–Jan 15). Local operator must respond within 1 hour.
Full Santa Fe guide →Frequently Asked Questions
Is it easier to Airbnb in Austin or Santa Fe?
Austin is classified as "Legal but Limited" while Santa Fe is "Legal but Limited." Austin's permit fee is $450/year (Type 2); $50/year (Type 1 homestead) compared to $100 one-time application + $325/year permit and business license in Santa Fe.
Which city has higher STR taxes — Austin or Santa Fe?
Austin charges 15% Hotel Occupancy Tax (9% city + 6% state), while Santa Fe charges ~8.44% gross receipts tax + 7.1% lodgers' tax. Compare the full breakdown in the table above.
Which city has stricter fines for illegal short-term rentals?
Austin: $500–$2,000/violation; license revocation possible. Santa Fe: Up to $500/day for operating without permit.