If you’re thinking about hosting on Airbnb in New York City, you may be wondering: “Are Airbnb’s illegal in NYC?” The short answer is no, but the rules surrounding short-term rentals are strict. These rules applies to NYC only and does not apply to the rest of New York State. Understanding these regulations and obtaining the correct permits is essential for operating legally.
Here’s a breakdown of the key rules, how to apply for a permit, and tips to ensure your application is approved quickly. Airbnb and other short-term rentals are allowed in New York City, but there are strict regulations you must follow. According to the NYC Multiple Dwelling Law, short-term rentals (less than 30 days) are only legal if the host is living in the property and the rental does not exceed two guests at a time. This means that entire home rentals for less than 30 days are generally not permitted unless it’s a one- or two-family home. Violating these laws can result in heavy fines.
How to Apply for a STR Permit in NYC
To legally host an Airbnb in NYC, you need to register with the city through the Mayor’s Office of Special Enforcement (OSE). Here’s how to apply:
- Complete an Application: Visit the OSE’s website and complete the short-term rental registration application. Be prepared to provide details about the property, proof of identity, and proof that you reside at the property full-time.
- Submit Supporting Documents: Along with your application, submit any required documents, such as property ownership proof or rental agreements that show your primary residence is the location you wish to list.
- Pay the Registration Fee: You have to pay the fee of $150 before processing can begin.
Rules for Short-Term Rentals in NYC
Here are some of the most important rules you need to follow for STRs in NYC:
- You Must Live in the Property: The host must reside in the property for the entire duration of the guest’s stay if the rental is for fewer than 30 days.
- Occupancy Limits: You can only host up to two guests at a time, and they must have access to the entire space, meaning you cannot lock off certain rooms.
- Compliance with Safety Codes: Your property must comply with all local safety regulations, including fire alarms, carbon monoxide detectors, and exits.
How to Ensure Your Permit is Approved Quickly
To get your Airbnb permit approved quickly, first, make sure you have your documents ready when you submit the application. You will need to prove your identity as well as proof of occupancy. You need two proofs of address for the unit you are applying for the STR. The documents must show the same unit as the rental unit, otherwise your application will be denied.
Make Sure Guests Know the Unit Is Shared With You
Update your Airbnb listing – make sure somewhere in the description it says the guest will be sharing the rental unit with you. If you have listings on other platforms such as Vrbo or Houfy, you must update them all. The best course of action is to turn off all listings except Airbnb and just put Airbnb in the application.
Only 2 Guests at a Time
You have to keep in mind that 2 guests is the maximum for STR, even if you are renting an entire house with 3-4 bedrooms. You must update your listing to reflect this 2 guest limit, otherwise your application will be denied. It is understandable you’d think this rule doesn’t make sense, but it is the law and you have to follow it if you want to do STR.
No Outside Locks on Bedroom Doors
They have to have access to the entire space. You can’t lock off rooms or block certain areas. For example, even if you only want to rent out one bedroom in a two-bedroom apartment, your guests still need to be able to access the kitchen, living room, or any shared spaces. It is understandable you’d think this rule doesn’t make sense, but it is the law and you have to follow it if you want to do STR.
You Will Get an Email From the OSE
I have heard stories where people waited for months and months before getting their permit approved. Luckily for me, the OSE emailed me 1 week after I submitted my application. They will tell you if you are approved or denied, and if denied, what you must do to get your listing approved.
Get Support & Advice From Other Hosts
There are many local FB groups founded by Airbnb hosts who are dealing with the same issues as you. You can read other hosts’ experiences or ask others for advice. Currently this group is the largest group of hosts in NYC, with nearly 6k members:
https://www.facebook.com/groups/AirbnbNYC
If your permit was denied, do not worry, you are not alone. Many others have had the same experience, and they can guide you to getting your permit approved faster.
Final Thoughts
So in summary, you can still do host an Airbnb in NYC and you can speed up the approval process by doing the following:
- Have your proof of address ready and make sure they show the same unit as the rental unit
- Set your listing to have 2 guests maximum
- Update your listing description to state that you, as the host, live in the same unit as the guests
- The listing must state there are no outside locks on bedroom doors
If you’re planning to host in NYC, make sure your listing is updated properly and be patient as the approval process is a process.
While hosting on Airbnb in NYC is possible, navigating the city’s strict short-term rental regulations can be a challenge. From ensuring your property meets occupancy limits to completing the registration process, it takes a lot of time and effort.
That’s where we come in. Our property management services handle everything—from getting your property permit-ready to managing guest communications, check-ins, and maintenance. Let us take care of the details so you can enjoy the benefits of hassle-free hosting! Use the contact form in the footer to reach out to our team – we are looking forward to hearing from you.