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Is Airbnb legal in New York, New York?

Whole-home rentals under 30 days effectively banned. Under Local Law 18, short stays are only legal if the host lives in the unit during the stay, with max 2 guests. Renting out an entire apartment while you are away is prohibited, and platforms must block unregistered listings.

Showing the researched rules for New York, NY below. Type your New York address to jump to the verdict.

Not allowed

Whole-home rentals under 30 days effectively banned

Under Local Law 18, short stays are only legal if the host lives in the unit during the stay, with max 2 guests. Renting out an entire apartment while you are away is prohibited, and platforms must block unregistered listings.

Permit and costs

Permit
Short-Term Rental Registration
Issued by
Mayor's Office of Special Enforcement
Cost
$145 application (non-refundable)
Renewal
Up to 4 years

Key limits

Whole-home stays under 30 days
Prohibited
Hosted stays
Allowed with registration, host present
Max paying guests
2
Building opt-out list
Owners can block registration entirely

Taxes

Combined occupancy taxes
~14.75% + $1.50–$2.00/night

Registration checklist

  1. 1
    Check the prohibited-building list
    If your building opted out, registration is blocked outright.
  2. 2
    Confirm lease and board rules
    Registration does not override your lease, condo, or co-op rules.
  3. 3
    Apply to the Office of Special Enforcement
    Certify primary residence and that you will be present for every stay.
  4. 4
    List only after approval
    Display your registration number; platforms must delist unregistered units.

What could change this verdict

Renting a spare room
Hosted stays (you present, max 2 guests) flip this from banned to registrable.
30+ day stays
Medium-term rentals fall outside Local Law 18 entirely — the route most operators use.
1–2 family homes
Different treatment under state Multiple Dwelling Law; still check local rules.

Sources

Rules researched October 2026. They change, so verify with the city before you buy.

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Verify before you buy. Rules change often and vary by zoning, HOA, and building type. This is a research starting point, not legal advice. Always confirm with the city's planning or business-license office before signing anything.