Airbnb is heavily restricted in New York City, and most short-term rentals are illegal without a license

New York City does not ban Airbnb outright, but the city has made short-term rentals so difficult that most listings violate local law. Since 2019, hosts cannot rent out an entire apartment for fewer than 30 consecutive days unless the host lives there full-time. Renting out a room while you live in the apartment is still permitted. Violations can result in fines up to $7,500 per day, and the city has shut down thousands of listings.

The rule applies to all of New York City — Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. There is no separate licensing program that makes short-term rentals legal. The city's Department of Housing Preservation and Development (HPD) enforces the rule, and the city's Office of Special Enforcement (OSE) investigates complaints and illegal listings.

If you are looking to rent an apartment in NYC short-term, you should assume that most Airbnb listings for entire apartments are operating illegally. If you are a resident thinking about listing your apartment, the restrictions are strict enough that most people cannot do so legally.

Key Takeaways

  • Entire apartments cannot be rented for fewer than 30 days unless the owner lives there full-time and is present during the rental.
  • Renting out a single room in your primary residence while you live there is still permitted under city law.
  • Violations carry fines of up to $7,500 per day, and the city actively removes illegal listings from Airbnb and other platforms.
  • There is no legal licensing path that allows short-term rentals of entire apartments in New York City.
  • The rule has been in place since 2019 and applies across all five boroughs with no exceptions by neighborhood.

Why New York City restricted short-term rentals

The city passed the short-term rental law in 2018 and it took effect in 2019 because housing advocates and city officials said Airbnb was removing long-term apartments from the rental market. When a landlord can charge $150 to $300 per night for a short-term rental, they have less incentive to rent the same unit to a long-term tenant at $2,000 to $3,000 per month. The city was losing affordable housing stock.

The law was also a response to complaints from residents about noise, parties, and the loss of neighborhood character in buildings that had become de facto hotels. Some buildings had dozens of Airbnb units, turning residential blocks into tourist zones.

The city's position is that housing is a scarce resource and short-term rentals were making the shortage worse. The law reflects that priority: keep apartments available for people who live and work in the city year-round.

What the law actually says about your primary residence

If you live in an apartment full-time and rent out a single room to a short-term guest, that is legal. You must be present in the apartment during the rental. You can rent the room for any length of time — one night, one week, or longer — as long as you are there.

The law does not set a limit on how many nights per year you can rent out a room, and you do not need a license. The city's assumption is that an owner-occupied apartment with the owner present is not being converted into a hotel.

If you own a second apartment or a vacation home, you cannot rent it out short-term at all under this law. The "primary residence" requirement is strict: the apartment must be where you actually live.

How the city enforces the rule

The Office of Special Enforcement investigates complaints about illegal short-term rentals and works with Airbnb and other platforms to remove listings. The city also uses data analysis to identify patterns — for example, an apartment with dozens of bookings per year is likely a short-term rental operation, not an owner renting out a room occasionally.

Airbnb itself has agreed to remove listings that do not comply with the law. The platform now requires hosts in New York City to confirm that they are renting out a room in their primary residence or that they have a license (though no such license exists for entire apartments). Listings that cannot be verified are removed.

If you are caught running an illegal short-term rental, the city can fine you $7,500 per day. The fine applies to each day the listing is active, so a listing that runs for a month can result in a $225,000 fine. The city can also pursue civil penalties and seek an injunction to shut down the operation.

What happens if you book an illegal Airbnb listing

As a guest, you are not breaking the law by booking a short-term rental. The liability falls on the host. However, you should be aware that an illegal listing could be shut down, and you could lose your reservation and your money with little recourse.

If you book an entire apartment for fewer than 30 days and the listing is removed by the city or Airbnb, you have no may provide that Airbnb will refund you. Airbnb's terms say the platform is not responsible for hosts who violate local law. You would have to pursue a refund claim against Airbnb directly, which can be difficult.

The safest option is to book a room in a primary residence where the owner is present, or to book a hotel. Hotels are legal and regulated, and your reservation is protected.

Alternatives to short-term rentals in New York City

If you need temporary housing in NYC, consider hotels, hostels, or serviced apartments. Hotels are more expensive than Airbnb but are legal and regulated. Hostels offer budget options and are common in Manhattan and Brooklyn. Serviced apartments — furnished apartments rented by the month — are legal and available through companies like Furnished Finder and Airbnb's own long-term rental section.

If you are relocating to the city and need housing for a few months while you find a permanent place, many landlords will negotiate short-term leases of 3 to 6 months. Real estate agents and websites like StreetEasy and Zillow list these options. A short-term lease is legal and gives you more protection than a short-term rental.

For residents thinking about renting out space, renting a room in your primary residence is the only legal short-term option. If you want to generate income from a second property, you would need to rent it long-term (30 days or more) to a tenant, which is a different business model.

The difference between New York City and other parts of New York State

The short-term rental law applies only to New York City. Outside the city — in Westchester, Long Island, upstate towns, and other parts of New York State — short-term rentals are generally permitted and regulated locally or not at all.

If you are looking at Airbnb listings in the Hudson Valley, the Catskills, or the Finger Lakes, those are legal. The restrictions are specific to the five boroughs of New York City.

Frequently Asked Questions

Can I rent out my apartment for 30 days or longer on Airbnb?

Yes. The law only restricts rentals shorter than 30 consecutive days. If you rent the entire apartment for 30 days or more, it is legal. However, Airbnb's platform is designed for short-term rentals, and the company may not list or promote long-term rentals. You may have better luck listing on StreetEasy, Zillow, or Craigslist for a 30-day-or-longer lease.

What if I rent out my apartment only a few nights per year?

If it is your primary residence and you are present during the rental, it is legal regardless of how many nights per year. The law does not set a limit on frequency. However, if you rent it out frequently enough that it looks like a business operation, the city may investigate and challenge whether it is truly your primary residence.

Can I get a license to legally rent out my entire apartment short-term?

No. New York City does not issue licenses for short-term rentals of entire apartments. The law prohibits it outright. There is no path to make it legal through a license or permit.

If I book an Airbnb and it gets shut down, can I get my money back?

Airbnb's policy is that the platform is not responsible for hosts who violate local law. You would need to contact Airbnb directly and request a refund, but there is no may provide. Booking a room in a primary residence or a hotel is safer because those are legal and your reservation is protected.

Are there any neighborhoods in NYC where short-term rentals are allowed?

No. The law applies citywide with no exceptions by neighborhood, borough, or district. The entire city of New York has the same restriction.