New York, New York Short Term Rental Regulations

City Code of Ordinances

The City of New York requires short-term rental and vacation rental websites (such as Airbnb, VRBO, Booking.com, and many others) to share data about the listings and property host. They are defined as a Booking Service or a person who, directly or indirectly, provides one or more online, computer, or application-based platforms that individually or collectively can be used to (i) list or advertise offers for short-term rentals and (ii) either accept such offers, or reserve or pay for such rentals; and charges, collects or receives a fee for the use of such a platform or provision of any service in connection with a short-term rental. A Booking Service shall not be construed to include a platform that solely lists or advertises offers for short-term rentals.

Here is a list of the information that a Booking Service needs to disclose:

• The physical address of the short-term rental associated with such transaction, including the street name, street number, apartment or unit number, borough or county, and zip code;
• The full legal name, physical address, phone number, and email address of the host of such short-term rental, the uniform resource locator (URL), and the individualized name and number of such host on such booking service's platform. 
• The individualized name and number and the URL of the associated qualifying listing.
• A statement as to whether such a short-term rental transaction involved 
  • (i) the short-term rental of the entirety of a dwelling unit or housing accommodations in a building or
  • (ii) the short-term rental of part of such unit or housing accommodations.
• The total number of days that the dwelling unit, part thereof, or housing accommodations in a building were rented as a short-term rental through such booking service's platform; and
• If such booking service collects rent for short-term rentals on behalf of such host, 
  • (i) the total amount of such rent received by such booking service and transmitted to such host and 
  • (ii) the account name and consistently anonymized identifier for the account number used by such host to receive payments from such booking service or, if such booking service provides an explanation why such anonymized identifiers are unavailable, the account name and account number for such account.

If you don't consent to share your data with the city, you won't be allowed to host short-term stays. Certain listing types are exempt, and the city will not get their listing information. Types of exempt listings include:

• Class B listings, the definition of a Class B multiple dwelling for purposes of this law is "a multiple dwelling which is occupied, as a rule, transiently, as the more or less temporary abode of individuals or families who are lodged with or without meals. This class includes hotels, lodging houses, rooming houses, boarding houses, boarding schools, furnished room houses, lodgings, clubhouses, and college and school dormitories."
• Hosts who rent for 4 or fewer nights per quarter.
• Private rooms that have the capacity for 2 or fewer guests.
• Shared rooms that have the capacity for 2 or fewer guests.

Consult the following for more information:

• Read the NYC Administrative Code on Short-Term Rental Transaction Disclosures.
• Read Local Law 64 of 2020
• Read Local Law 146 of 2018
• Read the Rules implementing the Law (PDF)

Property hosts cannot rent an entire apartment or home to visitors for less than 30 days, even if they own or live in the building. The host must be present during their guests' stays less than 30 days. They may have up to two paying guests staying in their household for fewer than 30 days, only if every guest has free and unobstructed access to every room and each exit within the apartment.

Business License Requirements

In New York, you might need to acquire a special license or permit. For more information, please refer to the City's new business portal and the City's business regulation finder.

Building and Housing Standards

The City of New York has rules and regulations that specify minimum building, design, maintenance standards, habitability, health, and safety requirements. Some rules and regulations that apply to residential and non-residential properties may apply to your listing. Contact the City of New York for more information.

Tourist and Local Taxes

Short-term rentals are subjected to the city, state, and county sales tax and are liable for payment as established by the city, state and county law. Contact the city and state website for more information.

Other Rules

New York State law also prohibits advertising an apartment in a Class A multiple dwelling, generally a building with three or more permanent residential units, for rent for any period less than 30 days. Fines for doing so range from $1,000 to $7,500 and will be issued to the person responsible for the advertisement.

It is also essential to understand and abide by other contracts or rules that bind you, such as leases, condo boards, co-op rules, HOA rules, or rules established by tenant organizations. Please read your lease agreement and check with your landlord if applicable. Visit the City of New York for more information.