Yes, you can list on Airbnb in New York, but the city has strict rules about who can do it and how
You can rent out your home on Airbnb in New York City, but only if you follow the city's short-term rental rules. New York passed Local Law 18 in 2023, which created a registration system and set limits on who can list. The main rule: you must live in the unit as your primary residence, and you can only rent it out when you are not there. Entire-home rentals of fewer than 30 days are heavily restricted unless you meet specific conditions.
If you own a building with multiple units, you cannot rent out units you do not live in at all. If you rent your apartment from a landlord, your lease may forbid short-term rentals—check before you list. The city fines hosts who break these rules, and Airbnb itself removes listings that do not comply.
Key Takeaways
- You must live in the unit full-time as your primary home to rent it out on Airbnb in New York City.
- You can only rent the unit when you are away; renting out your home while you live there is not allowed under city law.
- Entire-home rentals for fewer than 30 days require a city registration number, which you must display on your listing.
- Multi-unit building owners cannot rent out units they do not occupy themselves.
- Your lease or deed may have restrictions that forbid short-term rentals, so review your housing agreement before listing.
The registration requirement and how to get a number
If you want to list an entire home or apartment for fewer than 30 days, you need a short-term rental registration number from New York City. You obtain this through the city's Department of Housing Preservation and Development (HPD). The registration is free, but you must prove you live in the unit as your primary residence.
To register, you go to the HPD website and submit proof of residency—a utility bill, lease, or property tax bill in your name, dated within the last 60 days. You also provide your unit's address and the number of bedrooms. The city issues a registration number, which you must include on your Airbnb listing. Airbnb will not let you list an entire home without this number.
Registration is not the same as permission. The city does not review each listing individually. Registration straightforward confirms that you live there and are allowed to rent the space under the law. If you move or stop renting the unit, you must cancel the registration.
Who cannot list on Airbnb in New York
If you own a building with two or more units, you cannot rent out any unit you do not live in. This rule blocks most investment properties and prevents landlords from converting rental apartments into short-term tourist housing. If you own a two-family house and live in one unit, you cannot rent the other unit on Airbnb.
If you rent your apartment from a landlord, your lease likely forbids short-term rentals. Many leases explicitly prohibit Airbnb or any subletting without written consent. Violating your lease can lead to eviction. Before you list, read your lease carefully or contact your landlord. If your lease is silent on short-term rentals, you should still ask permission in writing.
If you own a condo, check your building's bylaws and rules. Many condo boards restrict or ban short-term rentals. Violating condo rules can result in fines from the board, and the board may force you to remove the listing.
What you can and cannot rent out
You can rent out your entire apartment or home, but only when you are not living there. You cannot rent out a room while you occupy the unit—that is considered a short-term rental of a shared space, which has different rules. If you want to rent a room in your home while you live there, you can do so, but it must be for 30 days or longer, and the tenant must have a lease.
If you rent out your entire home, you must be away during the rental period. You cannot have guests staying in the unit at the same time as paying renters. The city considers this a violation of the primary-residence rule.
Shared rooms (where you rent a room in your home while you live there) do not require registration and are not subject to the 30-day minimum. However, they are subject to other city rules about occupancy and safety. If you rent a room, you must follow all local housing codes.
How Airbnb enforces the rules
Airbnb requires you to provide your registration number when you list an entire home for fewer than 30 days. The platform checks the number against the city's database. If the number is invalid or missing, Airbnb will not publish your listing. If you provide a false number or register someone else's address, Airbnb will remove your listing and may ban your account.
The city also monitors Airbnb listings. HPD staff search the platform for listings without valid registration numbers or listings that appear to violate the primary-residence rule. If the city finds a violation, it can fine the host between $1,000 and $7,500 per violation. Repeated violations can lead to higher fines.
Airbnb also removes listings if it detects patterns suggesting the host does not live in the unit—for example, if the listing is booked nearly every night of the year, or if the host lists multiple units in the same building.
What happens if you break the rules
If you list without a registration number or list a unit you do not live in, the city can issue a violation notice. The fine starts at $1,000 per day of illegal rental. If you continue to list after receiving a notice, fines increase. The city can also pursue legal action to force you to stop renting.
If you rent an apartment and your lease forbids short-term rentals, your landlord can evict you for lease violation. Eviction takes time, but it is a serious consequence. If you own a condo, the board can fine you and force you to remove the listing.
Airbnb removes listings that violate city law and may suspend or close your account. Once your account is closed, you cannot list on the platform again without Airbnb's approval, which is difficult to obtain after a violation.
Alternatives if you cannot list on Airbnb
If you own a multi-unit building or cannot meet the primary-residence requirement, you have other options. You can rent the unit on the traditional long-term market for 30 days or longer. Long-term rentals have fewer restrictions and do not require city registration.
You can also list on other platforms that focus on longer-term rentals, such as Furnished Finder or Airbnb's own long-term rental section. These platforms allow rentals of 28 days or more without the same restrictions as short-term rentals.
If you own a building and want to generate income from units you do not occupy, consider hiring a property manager to handle long-term tenants. This is a more stable income stream than short-term rentals and complies with city law.
Frequently Asked Questions
Do I need a license or permit to list on Airbnb in New York?
You need a registration number from the city, which is free. This is not a license or permit—it is proof that you live in the unit and are allowed to rent it. You obtain it through the HPD website by submitting proof of residency.
Can I rent out my apartment if my lease does not mention short-term rentals?
Not without permission. Even if your lease is silent on short-term rentals, your landlord can still forbid them. Leases typically include a clause that prohibits subletting or renting without consent. Contact your landlord in writing and ask for permission before you list.
What if I rent out my home for 30 days or longer?
Long-term rentals (30 days or more) are not subject to the short-term rental law. You do not need a registration number, and the primary-residence rule does not explore. You can rent out a unit you do not live in as long as your lease or building rules allow it.
Can I list multiple apartments on Airbnb?
Only if you live in each one as your primary residence. You cannot list a second apartment unless you move into it and make it your primary home. Airbnb's system detects hosts who list multiple units and may remove listings that appear to violate this rule.
What if the city fines me for an illegal listing?
Fines start at $1,000 per day and increase if you continue renting after receiving a violation notice. You can contest the fine through the city's administrative process, but you must stop the rental when ready. If you believe the fine is wrong, you can request a hearing with the city.