Is Airbnb legal in New York, NY?
RestrictedThese 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 host must live in the home and be present during the stay, and platforms cannot process bookings for unregistered listings.
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
A de facto ban on entire-home stays under 30 days. The host must live in the home and be present during the stay, and platforms cannot process bookings for unregistered listings.
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.
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 host must live in the home and be present during the stay, 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.