The Short-Term Rental Registration Law allows owners of buildings where short-term rentals are prohibited to notify OSE and have the building placed on a Prohibited Buildings list. The law requires OSE to deny registration requests for buildings on this list.
To be included on the prohibited buildings list, a building owner must certify that leases and other occupancy agreements for dwelling units within their buildings prohibit short-term rentals.
Inclusion on or absence from the prohibited building list does not alter the legal occupancy or zoning use group of a building.
Click a topic, or press the enter key on a topic, to reveal its answer.
Who can submit a prohibited buildings list application?
A building owner - including any applicable board of a cooperative or condominium corporation, manager, or agent of such building or board - can notify OSE through the online application.
What do I need to submit my prohibited buildings list application?
When submitting the online application, an applicant needs to certify that leases and other occupancy agreements for dwelling units within the entire building prohibit short-term rentals, and will need to provide the following information:
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 for 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.
Will the owner of the building be notified of the prohibited buildings list application?
Yes. OSE will send a letter to the owner of record whenever it receives an application for inclusion on the prohibited buildings list.
What happens if my building is included on the prohibited buildings list after OSE has registered a tenant in my building for short-term rentals?
If a current active short-term rental registration exists in a building that is included on the prohibited buildings list after registration, OSE may move to revoke that registration based on the prohibited buildings application. Revocation proceedings will occur before the Office of Administrative Trials and Hearing (“OATH”), and 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, and that 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?
A building owner - including any applicable board of a cooperative or condominium corporation, manager, or agent of such building or board – can apply to remove a building from the prohibited buildings list, and will be required to provide: