If you’re planning a trip to New York State and are considering renting a vacation home, you may be wondering if it’s legal to do so. The answer is yes, but with some caveats.
What Are Vacation Rentals
Vacation rentals are properties that are rented out by their owners or managers to travelers for short stays, usually less than 30 days. They can include apartments, condos, cottages, and single-family homes.
What Are the Laws in New York State
In 2010, New York State passed the “Multiple Dwelling Law” which prohibits most forms of short-term rentals in buildings with three or more units unless the owner is present during the rental period. This law was further strengthened in 2016 to include fines for advertising illegal rentals.
However, there are some exceptions to this law. If you’re renting a single-family home or a unit in a two-family home where the owner lives on-site, short-term rentals are allowed. Additionally, certain areas such as the Hamptons and Lake George have their own specific regulations on short-term rentals.
What About Airbnb
Airbnb is a popular platform for vacation rentals and operates in many cities throughout New York State. However, due to the Multiple Dwelling Law, most Airbnb listings in New York City are illegal unless the host is present during the rental period.
Outside of New York City, Airbnb and other vacation rental platforms operate legally as long as they comply with local regulations and zoning laws.
What Are the Penalties for Illegal Short-Term Rentals
Penalties for illegal short-term rentals can include fines up to $7,500 per violation. In extreme cases where multiple violations occur or if there is evidence of endangering public safety or welfare, criminal charges may be filed against the owner or manager.
- Fines up to $1,000 for a first violation
- Fines up to $5,000 for a second violation
- Fines up to $7,500 for a third or subsequent violation
Conclusion
In summary, vacation rentals are allowed in New York State but with some restrictions. It’s important to do your research and ensure that the property you’re renting is legal and complies with local regulations. Failure to do so can result in hefty fines or even criminal charges.