NYC Vacation Rentals: Are They Legal?

Updated On October 2, 2023
Manhattan, NYC

During the past few years, the problem of short-term rent became really significant in New York City.

After such vacation rental platforms as Airbnb and HomeAway were started, rent prices all over the world skyrocketed and went out of control.

Nevertheless, the popularity of short-term rentals in NYC grows constantly as there are lots of tourists who want to visit the city.

It has a great impact on the local rental industry as landlords prefer to rent their apartment for a couple of days than for a long period.

A bunch of cities in the USA and all over the world implemented some laws to take the situation under the control and make rentals more available for locals.

Speaking of short-term rent legacy in NYC, it depends on the period of your stay in the city.

A street among tall buildings
A street among tall buildings

The Rule of 30 Days

According to the local laws, you cannot rent an apartment, condo, or co-op for a period that is shorter than 30 days or the owner should be present during the rental period.

It covers all types of apartments that are located in buildings with 3 or more units.

The only exception is landlords who own the entire building.

It means that common apartment owners cannot rent it for less than 30 days.

Nevertheless, there is a possibility to rent one of the apartment rooms so lots of New Yorkers are ready to offer you their room and company for a short period.

If it’s a room rent in occupied apartments, it’s available even for those who stay in NYC only for a single day.

The point is that the apartment owner is obliged to be present in the apartment during your stay there.

In fact, this option isn’t suitable for both a traveler who looks for some privacy and owner who wants to make some money for an empty apartment.

Huge bridge
Huge bridge

Raids on Illegal Rentals in NYC

During the last few months, the number of raids in illegal rentals in NYC increased significantly.

There was news about the city’s Airbnb enforcement officials that organized grand raids on West Side luxury condos.

It turned out that some of them were rented illegally for a short period of time.

As a result, almost 24 condo owners were punished for law’s violation.

The growth of raids on illegal rentals in NYC proves that the government doesn’t tend to tolerate any similar illegal activities.

New York City Mayor Bill de Blasio is one of the main government representatives behind the campaign.

There is a similar situation in a bunch of other big US cities such as San Francisco.

In fact, it resulted in a decrease in listings on such platforms as Airbnb.

According to the laws, all owners that rent their apartment should register with the city and pay a fee of $250 or they’ll be charged for fines $1,000 per day.

Also, there is a point that an apartment can be rented only for 90 days maximum if the owner isn’t present.

As a result, the number of listings halved in a few months.

Illegal Rentals’ Risks

Despite the laws, there are lots of owners that rent their homes illegally.

Such people give preference to the possibility of high profit and violate laws.

As a tourist, you should consider the high risk of such offers as you can just be kicked out at any moment.

There is always a possibility that someone will inform officials about illegal rent as it’s a rather common thing in NYC.

It means that despite numerous offers on such platforms as Airbnb, HomeAway, and others, it’s better to stay at a hotel, aparthotel, or a spare room in an occupied apartment.

A big city street
A big city street

Popularity of Short-Term Apartment Rent

In fact, it’s rather clear why most travelers prefer short-term rentals rather than staying at a hotel.

First of all, it makes you feel at home and it’s easier to associate yourself with locals.

The other point is that it can be much cheaper than booking a hotel room as you don’t need to go out to eat and can just cook yourself.

Staying at an apartment, travelers feel more comfortable and at ease.

Also, most hotels in NYC are extremely expensive.

Cozy living room
Cozy living room

Other Options to Try

If you, in any case, want to have a private apartment during your stay in NYC, it’s better to use such services as AllTheRooms and Booking.com that offer a bunch of apart-hotels.

Booking a room there, you can be sure that it has a kitchenette, living room area, and the privacy that you need.

The other great option is suite hotels.

If these both options aren’t for you, you have no other choice than book a hotel room or rent a room in an apartment with the owner.

Hotel room
Hotel room

How to Avoid Scams?

If you want to avoid scams, don’t use such services as Craigslist.

It has lots of great offers but still, there are lots of scams as well.

It can be fake listings and fraudsters seeking for your money and asking oblivious vacationers security deposits.

It can destroy your holidays and provide a horrible experience during your stay.

If you’ve decided to use Craigslist, it’s better to learn some safety tips and be extremely cautious about making your choice.

Think of Timeshare Apartment

Those travelers who are regular in NYC should consider getting their own space to stay while visiting the city.

In such a case, it’s a good idea to invest in a timeshare apartment.

It’s your opportunity to have your own place to stay in NYC during certain periods of a year.

A tall builing
A tall builing

New York City Safety Overview

READ THE FULL REPORT: New York City Safety Review

Safety Index:
67
  • OVERALL RISK: MEDIUM
  • TRANSPORT & TAXIS RISK: LOW
  • PICKPOCKETS RISK: HIGH
  • NATURAL DISASTERS RISK: LOW
  • MUGGING RISK: MEDIUM
  • TERRORISM RISK: MEDIUM
  • SCAMS RISK: MEDIUM
  • WOMEN TRAVELERS RISK: LOW

3 Comments on NYC Vacation Rentals: Are They Legal?

  1. M
    Mark Militana says:

    Hi There,
    I was reading your article about Airbnb and Short Term Rentals in New York City. I am a property owner and I owned the whole building and actually live in the building– Am I still subjected to NYC strict illegal rental for less than 30 days even though I owned the whole building ?
    Your article states otherwise please clarify “According to the local laws, you cannot rent an apartment, condo, or co-op for a period that is shorter than 30 days or the owner should be present during the rental period.
    It covers all types of apartments that are located in buildings with 3 or more units.
    *The only exception is landlords who own the entire building.*
    It means that common apartment owners cannot rent it for less than 30 days.

    Thank You
    Mark Militana

  2. As a New Yorker, I understand the appeal of short-term rentals for tourists, but it’s important to consider the impact on the local rental industry and follow the laws in place. It’s better to be safe and book a hotel or use a reputable rental service to avoid scams.

  3. W
    Wholesome says:

    As a local, I believe NYC vacation rentals should be regulated to ensure fairness and protect the housing market.

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