Is Airbnb legal in New York, NY?

Restricted

These rules are changing or in active litigation. Verify the current status directly before you rely on it.

Airbnb is restricted in New York, NY

A de facto ban on entire-home stays under 30 days. The registered host must live in the home and be present during the stay (a permanent occupant, including a long-term tenant, can register, not only the owner), and platforms cannot process bookings for unregistered listings.

NYC Local Law 18 of 2022View the ordinance

Verified July 2026. Not legal advice. Rules change and may be enforced differently than written. Confirm with the city before you list.

Key rules at a glance

Permit or registration

Required

Primary residence only

Yes

Annual night cap

Not confirmed

Registration fee

$145

How short-term rentals work in New York

The first step in New York is the city's permit or registration process, with a fee of about $145. The primary-residence requirement is the rule that shapes everything else here. The status card above has the full detail on the current rules.

Only owner-occupants can run a short-term rental in New York. Non-owner, investor-owned whole-home STRs are generally not permitted, which rules out the classic buy-and-Airbnb strategy here.

At the state level, New York leaves short-term rental rules to cities and counties.

What it means for investors

New York is a tough market for a non-owner-occupied short-term rental. If you own or want to buy here, a long-term rental or a house-hack (living in the property while renting part of it) is usually the more realistic play.

Analyze a rental hereCheck long-term rent

Short-term rental rules elsewhere in New York

Last reviewed July 2026. Informational and educational only, not legal advice, and no attorney-client relationship is created. Rules change and may be enforced differently than written. Verify the current ordinance with your local jurisdiction or counsel before acting.

Frequently asked questions

Is Airbnb legal in New York?

A de facto ban on entire-home stays under 30 days. The registered host must live in the home and be present during the stay (a permanent occupant, including a long-term tenant, can register, not only the owner), and platforms cannot process bookings for unregistered listings. This reflects the rules as of July 2026; confirm the current ordinance with the city before you list.

Do I need a permit to run a short-term rental in New York?

Yes. New York requires a permit or registration to operate a short-term rental, and platforms increasingly require the permit number on the listing.

Can I run a non-owner-occupied Airbnb in New York?

Generally no. New York limits short-term rentals to the host's primary residence, so an investor-owned property you do not live in typically cannot be used as a whole-home STR.

Is there a limit on how many nights I can rent in New York?

No specific annual night cap was confirmed for New York, though minimum-stay rules or license caps may effectively limit operations. Check the ordinance.

What taxes apply to a short-term rental in New York?

Short-term rentals in New York are generally subject to state and local lodging or occupancy taxes on top of income tax. Airbnb and VRBO collect some of these automatically, but not always all of them, so confirm the current rate and who remits it with New York and the city.