New York City, New York


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City Ordinance for Short Term Rentals in New York City, NY

Navigating the rules around short term and vacation rentals in New York City

Summary of the City:

New York City, New York, the big apple, home to Broadway, Central Park, the Yankees, and the Met. It’s reputation for being the financial and cultural capital of the United States has drawn literally millions of people to experience it, both as residents and visitors. The resulting high density means scarce, expensive housing, and the City has been unwavering in its stance to protect its housing stock for permanent residents.  In the past couple of years, the state legislature has put some teeth into its laws, resulting in steeps fine for and a crackdown on violators and a lawsuit from AirBnb.



Main Takeaways:

    • Short-term rentals  of less than 30 days in multi-family units without the host is strictly illegal.
    • Legislation passed in 2016 put som teeth into this law, making it illegal to advertise apartments for reasons other than permanent residence.
    • The city has actively begun a crack-down on violaters, putting a bit of chill on the industry.

 

Since 2010, it has been illegal in New York to rent out a whole apartment on for fewer than 30 days although hosted short-term rental are legal. However, in October 2016, the New York legislature clarified that measure and signed into law a bill that prohibits apartment advertisements for purposes other than permanent residence, effectively making it illegal to advertise on online home-sharing platforms. It had a hefty enforcement mechanism associated with it: fines are $1,000 for the first violation, $5,000 for the second, and $7,500 for the third. The City has said their justification is ensuring safety, preserving affordable housing, and limiting gentrification.

Airbnb immediately sued, but later dropped the suit as long as New York City enforces the new law only against hosts. In addition, Airbnb said it was willing to crack down on people in New York City who rent out multiple homes, in response to pressure from politicians and tenants’ rights groups who said short-term rentals had made it more difficult to find affordable housing.

In December 2016, the Mayor’s Office of Special Enforcement stated that their aim was to target large-scale illegal hoteliers, and in an effort to step up enforcement, in April 2017, the city added 16 staffers to the team dedicated solely to the issue of illegal short-term rentals. In addition, there have been reports that an organization Share Better, backed by the hotel industry, have conducted their own stings on illegal short-term rentals, gathering information and then turning it over to the city’s enforcement body.



Is my STR legal?

    • Short-term rentals in multi-family units must be hosted, and no more than 2 people may stay in an apartment at a time.
    • An application and inspection must be made in order to amend the certificate of occupancy to allow for transient rental use.
    • A special certificate or permit may be required.



Resources:

New York City Council