We explain HOA law in plain English, but we are not your lawyer and this is not legal advice. Here is why that matters.

Portland's short-term rental cap is now a formula, not a number

Maine · Legislation

Portland's short-term rental cap is now a formula, not a number

What happened. Portland's City Council voted unanimously in August 2024 to replace the city's flat 400-unit ceiling on non-owner-occupied short-term rentals with a formula: 1.5 percent of the city's long-term rental housing stock, recalculated annually. At the time that worked out to roughly 285 units.1

Then in November 2024, voters tightened the proof requirements on top of it.

How the cap now works

  • The formula: 1.5 percent of registered long-term rental stock, mainland, non-owner-occupied. As the registered stock grows, the cap grows with it — reported at 293 units for 2026.
  • Peaks Island carries its own separate ceiling: 40 non-owner-occupied units annually.
  • Existing operators keep their licences. The city does not revoke; it simply stops issuing new non-owner-occupied licences until the count falls below the cap through attrition.
  • Per-building limits: buildings of 1 to 2 units, a maximum of 1 short-term rental; buildings of 10 or more units, a maximum of 5.
  • As of 2026, no new tenant-occupied short-term rental licences are being issued at all — only existing operators can renew those.

Councillor Kate Sykes put the logic of a moving cap this way: “Hopefully we're going to build a lot more housing, and if we do we can have more short-term rentals.” The stated rationale for the change was, as reported, “to prevent investors from scooping up homes that could otherwise serve as long-term rental housing.”

And the ballot measure

On 5 November 2024, Portland's council-referred Question B passed with 67 percent of the vote. It tightened owner-occupancy proof, requiring a homestead exemption or a redacted tax return.

That is the part that reaches associations directly, because owner-occupancy is the dividing line between the capped category and the uncapped one.

Keep reading with the Maine State Pass

The rest of this analysis — what an association can actually do, the recent bills and rulings, and how Maine compares nationally — is for subscribers. $49/month for every Maine topic on HOA Weekly.

$49/month, $449/year, or a $19.99 day pass.

What you unlock

  • The per-building limit is the association's problem
  • The attestation point that matters to managers
  • Two systems, and neither cures the other

and 3 more sections in detail

Unlock Maine

Already a subscriber? Sign in

Recurring monthly subscription · Cancel anytime · Need help?

Related Maine HOA Topics

← All Maine HOA Topics

  1. Maine Public, Portland approves new short-term rental regulations (21 August 2024) ↩
  2. Bangor Daily News, Portland approves new short-term rental regulations (22 August 2024) ↩
  3. News Center Maine, Portland City Council approves short-term rental cap ↩
  4. Brooks v. Town of Bar Harbor, 2024 ME 21 — official opinion PDF, Maine Judicial Branch ↩

Stay on top of Maine HOA law

Every week: new Maine legislation, court rulings, and regulatory developments affecting condos, planned communities, and property managers. Free.

Check your inbox to complete your sign up.

No spam. Unsubscribe anytime.