FAQ for Building Owners

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Are there any buildings in New York City where entire unit short-term rentals are permitted? 

Yes. Short-term rentals in entire units are only permitted in "Class B" multiple dwellings, which have been approved by the City of New York for legal short-term occupancies. 

A Class B multiple dwelling is defined as "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, club houses, and college and school dormitories." Please note that this definition does not include apartments, single-family homes, or two-family buildings. 

 

Is my home or apartment a Class B Multiple Dwelling? 

Probably not. Most residential buildings in New York City that people can rent or own to live in full time are not Class B multiple dwellings. A Class B multiple dwelling 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, club houses, and college and school dormitories." 

Please note that NYC Department of Finance ("DOF") Tax Classifications shows a building's tax status, which may not be the same as the legal use of the structure. DOF tax classifications for two-family dwellings all start with "B", but this is not the occupancy classification, and a DOF classification of B almost always means that the building is a not a Class B multiple dwelling. 

To see the entire list, visit OSE’s Class B Multiple Dwellings List page. 

 

Are short-term rentals permitted in one- and two-family homes? 

Yes. Pursuant to the New York City Building Code, one- and two-family homes in the City of New York are exclusively for residence purposes on a long-term basis for more than a month at a time. But the permanent occupant can register to conduct short-term rentals, and once registered, may host up to two  guests who will stay with the host in the same unit the host lives in. Short-term rentals of an entire unit are illegal, and a host may not live in one unit and host guests in a second unit. 

 

If I add an ancillary dwelling unit (ADU) to my home, can I use it to host short-term rentals?  

No. Ancillary dwelling units (ADUs) are designed for permanent occupancy and subject to the same short-term rental regulations as other types of housing units in New York City. To learn more about short-term rental regulations, please see our Registration Law page. 

The permanent tenant of the ADU could obtain a registration and host short-term guests, but you cannot live in the existing home and host short-term renters in an ADU. 

For more information on the legalization of ADUs, please visit the ADU page maintained by the Department of Buildings. 

 

I am renting my ADU to a permanent tenant. Can the tenant host short-term rentals? 

Possibly yes. Your tenant will need to have a short-term rental registration to do so.  

Ancillary dwelling units (ADUs) are designed for permanent occupancy and subject to the same short-term rental regulations as other types of housing units in New York City.  

In addition, as the property owner, it is ultimately your responsibility to ensure your property is used lawfully, and you can be held responsible for violations created by your tenants. 

If your lease with the tenant prohibits short-term rentals, you can notify OSE and place your building on the Prohibited Buildings List, which will prevent your tenant from obtaining a registration. See our Prohibited Buildings List page for more information on how to apply. 

 

Who can submit a Prohibited Building List application? 

A building owner—including any applicable board of a cooperative or condominium corporation, manager, or agent of such building or board—can apply through the Prohibited Building Application section of our Short-Term Rental Registration Portal. Tenants and neighbors of properties do not have the authority to add a building to the Prohibited Building List. The applicant will also need to certify that leases and other occupancy agreements for dwelling units within the entire building prohibit short-term rentals. 

 

Do leases and other occupancy agreements prohibiting short-term rentals have to be for all the units in the building? 

Yes. Pursuant to the Short-Term Registration Law, building owners are required to certify that leases and other occupancy agreements for dwelling units within the building prohibit short-term rentals. Accordingly, the leases or other occupancy agreements prohibiting short-term rentals must apply to the entire building. 

 

Can I put only certain units/floors on the prohibited buildings list? 

No. The prohibited buildings list is only for entire buildings. 

 

What happens if my building is added to the Prohibited Buildings List after OSE has registered a tenant for short-term rentals? 

If a current, active short-term rental registration exists in a building that is added to the Prohibited Buildings List after registration, OSE may move to revoke that registration based on the Prohibited Buildings List application.  

Revocation proceedings will occur before the Office of Administrative Trials and Hearings (OATH). The registered host will be provided notice and an opportunity to be heard. The process to revoke is not automatic and the building owner may be required to submit documentation to the administering agency and to appear at an OATH revocation proceeding to provide documentation that existing leases and other agreements prohibit short-term rentals in this building. Failing to appear or provide sufficient evidence may result in the registration continuing despite this application. 

 

How can I remove a building from the Prohibited Buildings List? 

If you added a building to the Prohibited Buildings List, you can also remove it. You must log in to the Prohibited Building Application section of our Short-Term Rental Registration Portal, and choose “Void” for the address you wish to remove. You will be required to provide an explanation of the basis for removal. 

 

I received a summons. What does it mean, and what should I do? 

Read any summons you receive carefully, and/or consult with your lawyer or another professional familiar with summonses. 

Summonses issued by the City to property owners are resolved at the Office of Administrative Trials and Hearings (OATH). A summons typically provides the following information: 

  • the date and place where the violation occurred; 
  • the specific law that was violated; 
  • a brief description of the circumstances that surrounded the violation; 
  • the required remedy to the violation; 
  • an order from the Department of Buildings or FDNY Commissioner on the timeline to file a Certificate of Correction; and 
  • the hearing date at OATH. 

 

My tenant has been using an apartment for unauthorized short-term rentals. What should I do? 

Notify the tenant immediately that their conduct is illegal. Consult with your lawyer about possible legal remedies like a court-ordered injunction against the activity. Do not evict the tenant through a self-imposed method, such as locking them out of their apartment. If leases or other occupancy agreements prohibit short- term rentals, you may consider adding your building to the Prohibited Buildings List. 

 

How do I lift a vacate or stop work order? 

Instructions for lifting these orders can be found in OSE's How to Resolve a Violation page.