City Watch
Short-term rental rules in Portsmouth, NH
How Portsmouth regulates short-term rentals: the rules that apply, their sources, and pending changes.
Rules here limit which homes may operate as short-term rentals, how many, where, or for how many nights a year.
- Short-term rentals excluded as a permitted residential use in residential zones
- Codified 'dwelling unit' definition bars transient occupancies (hotels/motels/rooming/boarding houses/short-term rentals)
- Residential-zone STR prohibition upheld by NH Supreme Court (Working Stiff Partners v. Portsmouth, 2019)
- No STR-by-right in General Residence districts; only certain mixed-use/business districts
- No statewide preemption to override the local prohibition
Based on: Portsmouth Zoning Ordinance, Article 15 (Definitions) § 10.1530 'Dwelling Unit'; codified ordinance as amended through
Summary of the rule
A 'Dwelling Unit' is a building or portion thereof providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. This use shall not be deemed to include such transient occupancies as hotels, motels, rooming or boarding houses [or short-term rentals]. Daily/short-term rental to paying guests is therefore a prohibited transient occupancy, not a permitted residential dwelling-unit use.
Active litigation / open question
Working Stiff Partners, LLC v. City of Portsmouth (N.H. Supreme Court, No. 2018-0491 (2019)) — Upheld Portsmouth ZBA; short-term rental use in the General Residence district is a prohibited transient occupancy excluded from the dwelling-unit definition; 'dwelling unit' not unconstitutionally vague. Source ↗
Reported as fact only, reflecting the code as currently in effect — not legal advice, and not a prediction of the outcome. Verify current status before relying on it.
Last reviewed Sep 14, 2026 · Sources · Report an error
Pending legislation
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City Watch provides good-faith summaries of publicly available information as of the review date shown. Rules, enforcement, and permit availability can change, and summaries may contain errors or omissions. Ratings describe the general regulatory environment; they do not establish whether a particular property or stay is permitted. This is general information, not legal advice. Before buying, listing, or hosting, verify applicable requirements with the responsible authorities and review any HOA, condominium, deed, or lease restrictions.