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  1. Home
  2. ·
  3. Regulations
  4. ·
  5. New York
  6. ·
  7. New York City

New York City

Prohibited
New YorkUpdated Mar 16, 2026
Gold-standard verification1% sourced

Cross-referenced against 4 official sources — municipal codes, planning-department pages, and government registries.

Verified Jan 30, 2026Sources 4

Summary

Plain-english overview

New York City has some of the strictest short-term rental laws in the U.S. under Local Law 18. Hosts must register with the Office of Special Enforcement, remain present during the guest's stay, and limit bookings to a maximum of two guests.

Restriction level

Severity 100
Classification
Prohibited
100
Severity

Why this classification

  • Primary residence required
  • Host presence required (hosted-only)
  • Limited to 1 property per owner
  • Permit required
  • Reporting required
  • No night cap
  • Tenants can host

In plain English

What this means for you

To host an Airbnb in New York City, you must live in the apartment you are renting out and you must be present for the entire duration of your guest's stay. You are only allowed to host two guests at a time and you cannot have key-locks on internal bedroom doors. If you live in a rent-stabilized building or public housing, you are completely prohibited from short-term renting. You must pay a $160 registration fee every two years and display your permit number on all listing platforms.

At a glance

Key numbers
Permit requiredYes
Night limitNone
Primary residenceRequired
Total tax rate0.1%
Permit fee$145
Processing time30-90 days

7 things hosts often miss

Common compliance gaps
  1. 1Unoccupied rentals (the whole apartment) are ILLEGAL for stays under 30 days.
  2. 2The host MUST be physically present in the unit during the stay.
  3. 3Maximum of 2 paying guests allowed, regardless of the number of bedrooms.
  4. 4Internal bedroom doors cannot have locks that require a key to exit from the inside.
  5. 5Building owners can put their entire building on a 'Prohibited Buildings List,' making your unit ineligible even if it's your primary residence.
  6. 6Rent-stabilized or rent-controlled units are strictly prohibited from STR use.
  7. 7Fines for hosting without registration can reach $5,000 per violation.

Regulation details

Sourced from official code
Eligibility16 rules
  • New York City requires that the property be the host's primary residence.
  • New York City: Bedroom doors cannot have key locks that prevent guest access to exits.
  • New York City prohibits STRs in the following property types: entire_place.
  • New York City allows tenants to host STRs. Requirements: Must maintain common household with guests
Requirements16 rules
  • New York City: Hosts must reside in the unit at least 183 days per year (Primary Residence).
  • New York City has different permit classes: Standard Registration (Hosted). Hosted vs. unhosted rentals have different requirements.
Application process9 rules
  • New York City STR permit - Step 1: Check Eligibility. Ensure the unit is your primary residence and not a rent-regulated or prohibited building. Time: 1 hour.
Fees & costs1 rule
  • New York City charges a registration fee of $145 (biennial).
Taxes4 rules
  • New York has a state sales tax of 8.875% that applies to STR rentals.
  • New York City charges a Hotel Room Occupancy Tax of 5.875%. This applies to stays under 180 days. Platforms like Airbnb collect and remit this tax. Note: Major platforms like Airbnb/VRBO collect and remit both NYC and State taxes.
  • New York has a state sales tax of 4% that applies to STR rentals.
Limits & restrictions8 rules
  • New York City: Each person can only register ONE property for short-term rental. You cannot legally operate multiple STRs.
  • New York City enforces quiet hours: 10:00 PM - 8:00 AM (standard city noise code).
  • New York City limits stays to a maximum of 29 nights.
  • New York City limits STRs to a maximum of 2 guests. Formula: Strict maximum of two paying guests regardless of unit size.
Safety requirements1 rule
  • New York City requires the following safety measures for STRs: smoke detectors, CO detectors, fire extinguisher, posted maximum occupancy, posted emergency contact, Exit diagram must be conspicuously posted, No internal key locks on bedroom doors allowed.
Penalties4 rules
  • New York City: Operating an STR in a rent-controlled unit can result in permit denial and fines. Landlords can add buildings to a Prohibited Buildings List
Exemptions2 rules
  • New York City: Rentals of 30+ days are generally NOT considered short-term rentals and may be exempt from STR regulations (but may have other requirements).
  • New York City exempts the following from STR regulations: long-term rentals (30+ days), extended stays, Class B multiple dwellings (legally registered hotels/hostels).

How to get permitted

Step-by-step guide for New York City

0/4
steps completed
Step 1

Verify Eligibility

Ensure the unit is your primary residence and check the NYC OSE 'Prohibited Buildings List' to ensure your building hasn't opted out.

10 minutesFree
Official resource
Step 2

Gather Documentation

Collect proof of identity, primary residency (utility bills), and your lease or deed.

1 hourFree
Documents needed
  • Government ID
  • Lease/Deed
  • Utility Bill
Step 3

Submit Online Registration

Create an account and submit the registration through the OSE portal. You must certify that the unit complies with all fire and safety codes.

30 minutes$160
Official resource
Step 4

OSE Review

OSE will review your application. This may take several months due to high volume. You cannot legally host until you receive your registration number.

30-90 daysFree

Frequently asked questions

5 answered

Disclaimer

Regulatory information is AI-researched from public city/county codes for educational purposes. Details may be outdated or incomplete. Always verify requirements directly with your city/county planning department before operating a short-term rental.

Researched & verified by Learn STR at GoStudioM

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