Do I need a permit for short-term rentals in New York City?

**Yes**, New York City requires a Short-Term Rental Registration. You need to register with the Office of Special Enforcement and pay a $160 fee every two years. You must display your permit number on all listing platforms to remain compliant with local law.

What is the TOT tax rate in New York City?

**5.875% TOT** is the current transient occupancy tax rate for short-term rentals in New York City. Hosts are responsible for collecting this tax from guests and remitting it to the city comptroller's office. Note that Airbnb and VRBO may automatically collect a portion of this tax in certain jurisdictions.

Do I need to live in my property to rent it on Airbnb in New York City?

**Yes**, you need to live in the property to rent it on Airbnb in New York City. The local law requires hosts to remain present during the guest's stay. This means you cannot rent out your entire apartment if you are not present.

Can renters host on Airbnb in New York City?

**Yes**, tenants can host on Airbnb in New York City, but there are restrictions. You must be present during the guest's stay, but if you live in a rent-stabilized building or public housing, you are completely prohibited from short-term renting. Always review your lease agreement.

New York City

Prohibited

STRs Allowed

New YorkLast updated: February 10, 2026

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Summary

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

🚫

Prohibited

Score: 100 (lenient)

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

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

Permit Required

Yes

Night Limit

None

Primary Residence

Required

Total Tax Rate

0.1%

Permit Fee

$145

Processing Time

30-90 days

7 Things Hosts Often Miss

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

Regulation Details

Eligibility(16)

•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

Requirements(16)

•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 Process(9)

•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 & Costs(1)

•New York City charges a registration fee of $145 (biennial).

Taxes(4)

•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 & Restrictions(8)

•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 Requirements(1)

•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.

Penalties(4)

•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

Exemptions(2)

•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).

New York City

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Summary

Restriction Level

Why this classification:

In Plain English

At a Glance

7 Things Hosts Often Miss

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Regulation Details

Eligibility(16)

Requirements(16)

Application Process(9)

Fees & Costs(1)

Taxes(4)

Limits & Restrictions(8)

Safety Requirements(1)

Penalties(4)

Exemptions(2)

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Frequently Asked Questions

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New York City

Gold Standard Verification

Summary

Restriction Level

Why this classification:

In Plain English

At a Glance

7 Things Hosts Often Miss

Step-by-Step Application Guide

Upgrade to Pro

Frequently Asked Questions

1Do I need a permit for short-term rentals in New York City?

2What is the TOT tax rate in New York City?

3Are short-term rentals allowed in New York City?

4Do I need to live in my property to rent it on Airbnb in New York City?

5Can renters host on Airbnb in New York City?

Related Content

Other New York Markets

Canandaigua

Dutchess County

Hammondsport

Shelate Island