The Short Answer: It Depends on Your Building and Your Lease

Airbnb rentals are legal in New York City, but with significant restrictions. You can legally rent out your apartment on a short-term basis only if you live there while renting it out — meaning you cannot rent out a vacant apartment or a second property. Additionally, your lease and building rules may prohibit it regardless of city law, and violating those terms can get you evicted.

The city's primary rule comes from Local Law 18, passed in 2023. It requires that you be present in the apartment during the rental period and limits you to renting out a maximum of two rooms. If you rent out your entire apartment while you are away, you are breaking city law and face fines up to $5,000 per violation.

Key Takeaways

  • You can only legally rent out your apartment on Airbnb if you live there at the same time — renting out a vacant apartment or second home is illegal under city law.
  • Your lease and building rules may forbid short-term rentals even if city law permits them, and your landlord can evict you for violating the lease.
  • You can rent out a maximum of two rooms in your primary residence; renting out the entire apartment while absent violates Local Law 18.
  • The city fines hosts $5,000 per violation, and Airbnb itself has removed thousands of listings that do not comply with the law.
  • Platforms like Airbnb now require hosts to verify their primary residence and may delist non-compliant properties.

What Local Law 18 Actually Requires

Local Law 18, which took effect in September 2023, is the city's main regulation of short-term rentals. The law says you can rent out your primary residence — the apartment where you actually live — but only while you are physically present in it. You cannot rent out the entire apartment and leave, and you cannot rent out a second home or investment property at all.

The law also caps the number of rooms you can rent. You are allowed to rent out a maximum of two rooms in your primary residence. If you rent out more than two rooms, or if you rent out the entire apartment while you are away, you are in violation and subject to fines.

The city defines "primary residence" as the place where you spend the majority of your time and maintain your permanent home. If you own multiple properties or spend significant time elsewhere, the city may challenge which one qualifies as your primary residence.

Your Lease and Building Rules Override City Law

Even if city law permits short-term rentals, your lease and building rules may forbid them. Many landlords and co-op boards prohibit any short-term rentals, and they have the legal right to do so. If your lease says no subletting or no short-term rentals, renting out your apartment on Airbnb violates your lease regardless of what city law allows.

Violating your lease can result in eviction. Your landlord can file for eviction in housing court, and you will have to defend yourself. Even if you win on the merits, the legal costs and time involved are substantial. Before you list your apartment, read your lease carefully or contact your landlord to ask whether short-term rentals are permitted.

If you live in a rent-stabilized apartment, the rules are even stricter. Rent-stabilized tenants are generally prohibited from subletting for short-term periods, and doing so can result in loss of your lease protections. Check with your landlord or a tenant rights organization before proceeding.

How Airbnb Verifies Compliance

Airbnb now requires hosts in New York City to verify that the listing is their primary residence. When you create or update a listing, Airbnb asks you to confirm that you live in the apartment and will be present during guest stays. The platform also cross-references listings against city records and removes properties that appear to violate the law.

In 2024, Airbnb removed thousands of listings in New York City that did not meet the primary residence requirement. If your listing is flagged as non-compliant, Airbnb will delist it. You cannot straightforward move your listing to another platform and expect to avoid city enforcement — the city monitors all platforms and pursues violations directly.

Airbnb also requires you to provide a phone number and address verification. If you misrepresent your primary residence or list a property you do not live in, Airbnb can permanently ban your account and report you to the city.

City Enforcement and Fines

The city's Department of Housing Preservation and Development (HPD) enforces Local Law 18. HPD investigates complaints from neighbors, monitors online listings, and conducts inspections. If you are found in violation, you face a fine of $5,000 per violation. A "violation" can mean each day you rent out the apartment illegally, so fines can accumulate quickly.

The city also has the power to pursue criminal charges in cases of repeated or egregious violations, though this is less common than civil fines. Additionally, if your building is found to have multiple illegal short-term rental listings, the building itself may face fines and loss of tax benefits.

Neighbors have strong incentive to report violations. If you are renting out your apartment frequently, the constant turnover of guests, noise, and parking issues often trigger complaints. Once HPD receives a complaint, they will investigate, and you will have the opportunity to respond — but the burden is on you to prove you were present during the rental period.

What You Need to Document

If you want to rent out your apartment legally, keep clear records that you were present during guest stays. This means having a calendar or log showing which nights you were in the apartment, and ideally some corroborating evidence — utility bills, mail, tax returns, or lease documents showing your primary residence. If HPD investigates, you will need to prove you lived there during the rental period.

You should also keep copies of your lease and any written permission from your landlord or building management. If your lease permits short-term rentals, having that in writing protects you in case of a dispute. If your landlord has given you verbal permission, ask them to confirm it in writing.

Additionally, keep records of your guest stays, including booking confirmations, guest names, and check-in and check-out dates. This documentation helps you demonstrate compliance if you are ever questioned by the city or your landlord.

Alternatives If Your Building Prohibits Short-Term Rentals

If your lease or building rules forbid short-term rentals, you have other options for generating income from your apartment. You can rent out your apartment on a long-term basis (typically 12 months or more) through platforms like Zillow, Apartments.com, or traditional real estate agents. Long-term rentals are generally permitted even in buildings that prohibit short-term rentals, though you should still check your lease.

You can also rent out a single room on a long-term basis to a roommate. This is almost always permitted under lease terms and city law, and it does not trigger the same enforcement scrutiny as short-term rentals. If you have extra space and want to offset housing costs, a long-term roommate is often the safest option.

If you own a second property or investment apartment, you cannot legally rent it out on Airbnb under any circumstances. Your only option is long-term rental through traditional channels.

Frequently Asked Questions

Can I rent out my apartment on Airbnb if I am away for a few days?

No. Local Law 18 requires you to be physically present in the apartment during the rental period. If you leave for a weekend or a week while guests are staying, you are in violation. The law is strict on this point — you must be there.

What if my landlord says it is okay but my lease says no subletting?

Your lease controls. Even if your landlord verbally agrees, the lease language takes precedence in a legal dispute. Get any permission in writing and have your landlord sign an amendment to your lease explicitly permitting short-term rentals. This protects you if the landlord changes their mind or if there is a dispute later.

Can I rent out my apartment on other platforms besides Airbnb?

The law applies to all short-term rental platforms — Airbnb, Vrbo, Booking.com, and others. The rules are the same regardless of which platform you use. The city monitors all platforms, and violations carry the same fines.

What happens if a neighbor reports me?

HPD will investigate the complaint. They may contact you, inspect the apartment, or request documentation showing you were present during guest stays. You will have the opportunity to respond, but if HPD determines you violated the law, you face a $5,000 fine per violation. Repeated violations can lead to criminal charges.

Do I need a license or permit to rent out my apartment?

No. New York City does not issue licenses or permits for short-term rentals of primary residences. You straightforward need to comply with the law — live in the apartment while renting it out, rent no more than two rooms, and follow your lease and building rules. Airbnb handles verification on the platform side.