Registration for Hosts

The Short-Term Rental Registration Law will require short-term rental hosts to register with the Mayor’s Office of Special Enforcement (OSE). Booking platforms (such as Airbnb, VRBO, Booking.com, and many others) will be prohibited from allowing transactions for unregistered short-term rentals. There will be penalties for both hosts and booking services who fail to comply with the requirements of the law. 

The law does not change the existing criteria that govern the legality of short-term rentals. Hosts (whether owners or tenants) cannot rent out an entire apartment or home to visitors for fewer than 30 days, even if the host owns or lives in the building.  This applies to all permanent residential buildings regardless of the number of units.  Short-term rentals are only permitted if the host is staying in the same unit or apartment as the guests, and there are no more than two guests staying with the host. All other laws relating to the use of the space must also be followed (i.e. no sleeping in an area where it would be illegal to do so, such as an attic, cellar, or garage).

The law limits registration to people that occupy a unit of housing, and prohibits OSE from granting a registration for certain types of units, such as rent-regulated and NYCHA units.  The law also requires registration requests to be denied for buildings on a prohibited buildings list, which will be created by owners who notify OSE that short-term rentals are not allowed in their buildings.

The FAQ below is only meant to address questions relating to the Short-Term Rental Registration Law. Hosts wishing to determine the legality of their short-term rental should review their building's legal occupancy, their lease or rental agreement, and state and city laws, and seek legal advice when necessary.

The application process for a short-term rental registration will be established by rules, which will be posted in the “Laws and Rules” section of this webpage.

Frequently Asked Questions

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What is a “short-term rental”?

For purposes of determining who must register, the Short-Term Rental Registration Law defines the term "short-term rental" as " a rental for fewer than 30 consecutive days of a dwelling unit within a private dwelling or class A multiple dwelling, or in the case of a mixed-use building, a rental of a class A dwelling unit therein for fewer than 30 consecutive days."

Are short-term rentals legal in New York City?

Short-term rental refers to renting out a home or apartment for any period shorter than 30 days. You cannot rent out an entire apartment or home to visitors for less than 30 days, even if you own or live in the building. This applies to all permanent residential buildings.

Short-term rentals are only permitted if you are staying in the same unit or apartment as your guests, and you have no more than two paying guests at a time. The person renting out the home or apartment must “maintain a common household” with the guests. Otherwise, the short-term rental is illegal. All other laws relating to the use of the space must also be followed (i.e. no sleeping in an area where it would be illegal to do so, such as an attic, cellar, or garage).

Which short-term rental hosts will be eligible for registration?

Under the Short-Term Rental Registration Law, to be eligible for registration, a host must be a natural person and the permanent occupant of the dwelling unit. The applicant is also required to certify that they are not prohibited by the terms of a lease or other agreement from conducting short-term rentals in the unit.

Hosts in certain buildings will be prohibited from registration if the buildings’ owners have opted to put their buildings on a prohibited building list, which will be maintained and published by OSE, or the unit’s rent is regulated by law (e.g. rent control, rent stabilization) or agreement (e.g. a rent stabilized unit). OSE will maintain a list of prohibited buildings for potential registrants to check before applying.

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

No. 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.

I live in a rent stabilized unit, am I eligible for short-term rental registration?

No. Tenants in the following unit-types are not eligible for short-term rental registration:

  • New York City Housing Authority (NYCHA) apartments
  • Rent-controlled apartments
  • Rent-stabilized apartments

Similarly, tenants in buildings where building owners have notified the City that short-term rentals are not allowed in their buildings will also be ineligible for short-term rental registration.

Will there be a fee to apply for registration?

Yes, there will be nonrefundable fees for both the initial registration application as well as renewal applications. The specific fee amounts will be established by OSE during rulemaking and will be viewable once announced by going to the “Laws and Rules” section of this webpage.

Do I have to provide OSE with my short-term rental listing?

As part of a registration application, hosts that use a booking service (such as Airbnb, Booking.com, or VRBO) platform must provide OSE with the uniform resource locator or listing identifier and the associated booking service name for all existing listings of the dwelling unit. If you add a listing after registering, you must report the listing to OSE prior to any short-term rental booking.

Is my short-term rental registration or renewal transferable?

No, a short-term rental registration or renewal is not transferable.

What happens if I do not comply with the Short-Term Rental Registration Law?

There will be penalties for both hosts and booking services who fail to comply with the requirements of the Registration Law. These penalties will be established during rulemaking, and will be viewable once announced by going to the “Laws and Rules” section of this webpage.

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

In the City of New York, 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 “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.”

Is my short-term rental in a Class B multiple dwelling?

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

Learn more about OSE’s Class B list

Most short-term rental sites are booked by the number of nights, not by days. How does the check in day count?

Based on New York State Law, the check-in date is day zero and not day one. Therefore, a 29 night rental would be a short term rental, and a 30 night rental would count as permanent occupancy.

Do you have a question not covered above?

Submit your question to OSE. We will review the question and update the FAQ section as needed.

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