Are Vacation Rentals Legal in NYC?

By Anna Duncan

If you’re planning a trip to the Big Apple, you may be considering renting a vacation home or apartment instead of staying in a hotel. However, before you book your rental, it’s important to know whether vacation rentals are legal in New York City.

Short-term Rentals

New York City has strict laws about short-term rentals. In general, it is illegal to rent out an apartment for fewer than 30 days if the owner or primary tenant is not present. This means that most vacation rentals are illegal in New York City.

The law was put in place to protect the city’s affordable housing stock and prevent landlords from converting residential buildings into de facto hotels. It also aims to prevent nuisances associated with short-term rentals, such as excessive noise and traffic congestion.

Exceptions

There are some exceptions to the law that allow for short-term rentals:

  • Hotels: Hotels are allowed to operate as usual and rent rooms for any length of time.
  • B&Bs: Bed-and-breakfasts are allowed to operate legally if they meet certain requirements, such as having no more than three guest bedrooms and serving breakfast on site.
  • Primary residence: If you own or rent a home or apartment in New York City and plan to rent out a room or your entire home while you’re away, you can legally do so for up to 30 days per year.

Penalties

If you violate New York City’s short-term rental laws, you could face steep penalties. The city can issue fines of up to $7,500 for each illegal listing found on sites like Airbnb, HomeAway, and VRBO. You could also face legal action from your landlord or building management company if you violate your lease by renting out your apartment without permission.

The Bottom Line

Before you book a vacation rental in New York City, it’s important to know the law. In general, most vacation rentals are illegal in the city, unless they fall into one of the exceptions outlined above. Violating the law can result in hefty fines and legal trouble, so make sure to do your research before you book!