Airbnb is heavily restricted in New York City, and the rules differ sharply between the city and the rest of the state

In New York City, you cannot rent out your apartment on Airbnb for short stays unless you live there full-time and follow strict rules. The city passed Local Law 18 in 2023, which bans most short-term rentals in residential buildings. Outside New York City—in places like Buffalo, Rochester, or the Hudson Valley—Airbnb rentals are generally permitted, though some towns have their own local rules.

The core issue is that New York City treats short-term rentals as a housing problem. The city argues that Airbnb listings remove long-term apartments from the rental market, driving up rents for permanent residents. That's why the law is strict and the penalties are real: landlords and hosts can face fines of $1,000 to $5,000 per day for illegal listings.

Key Takeaways

  • New York City bans short-term rentals in most residential buildings unless you are the primary resident and rent out only your own apartment, with limited exceptions for owner-occupied buildings.
  • The city's Department of Housing Preservation and Development (HPD) enforces the ban and can fine hosts $1,000 to $5,000 per day for violations.
  • Outside New York City, Airbnb rentals are generally allowed, but you should check your town or county rules before listing.
  • If you own a building with fewer than six units and live in one of them, you may be able to rent out other units short-term, but the rules are narrow and require documentation.
  • Airbnb itself removed thousands of New York City listings after the law took effect and now requires hosts to register with the city before listing.

The New York City ban and who it affects

Local Law 18 took effect on September 5, 2023. It makes it illegal to list a residential unit for short-term rental (fewer than 30 days) unless you are the owner-occupant—meaning you live there as your primary residence—and you rent out only your own apartment, not someone else's. The law applies to all five boroughs: Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.

If you are a landlord renting out a unit you do not live in, or if you are a tenant subletting on Airbnb, you are breaking the law. The same applies if you own multiple units and try to rent them out short-term, even if you live in one of them. The city's Department of Housing Preservation and Development (HPD) investigates complaints and issues violations. Fines start at $1,000 per day and can reach $5,000 per day depending on the violation.

Airbnb responded by delisting thousands of New York City apartments and requiring hosts to register with the city before they can post a new listing. The platform now asks for a registration number from HPD. Without it, you cannot list in the city.

The owner-occupant exception and how to register

If you own the apartment you live in and want to rent it out on Airbnb while you are away, you may be able to do so under the owner-occupant rule. You must be the legal owner, the apartment must be your primary residence, and you can rent out only that one unit. You cannot rent out a second apartment or a room in a building you own if you do not live there.

To list legally, you need to register with HPD and obtain a registration number. You can register online through the city's Department of Housing Preservation and Development website. The registration requires proof of ownership (a deed or mortgage statement) and proof that the apartment is your primary residence (a utility bill, lease, or tax return showing your address). Once registered, you receive a number that you must display on your Airbnb listing.

Registration is free, but it is not automatic approval. HPD reviews applications and can deny them if the information does not match city records or if the apartment does not meet the definition of owner-occupied. The process typically takes a few weeks.

Small building exception: the six-unit rule

There is a narrow exception for owners of buildings with fewer than six units. If you own a building with one to five units and you live in one of them as your primary residence, you may be able to rent out the other units short-term. However, this exception comes with strict conditions: you must own the building (not rent it), you must live there, and you can rent out only the units you do not occupy.

Even with this exception, you still need to register with HPD and follow all other rules, including occupancy limits and noise restrictions. Many hosts find this exception difficult to use in practice because HPD scrutinizes these applications closely. If you think you may have access to, contact HPD directly or consult a lawyer before listing, because a mistake can result in fines.

Airbnb rules outside New York City

In the rest of New York State—Buffalo, Rochester, Syracuse, the Hudson Valley, the Catskills, and other areas—short-term rentals are generally permitted. Airbnb operates normally in these regions, and hosts can list residential properties without the restrictions that explore in the city.

However, some towns and counties outside the city have passed their own local rules. For example, some towns limit the number of days per year you can rent out a property, require a local permit, or ban short-term rentals in certain neighborhoods. Before you list, check with your town or village clerk's office to see if there are local rules that explore to your address.

If you are renting out a property you own, you may also need to check your homeowners association rules or your mortgage lender's terms. Some lenders prohibit short-term rentals, and some HOAs restrict them. Violating these terms can put your mortgage or membership at risk.

What happens if you list illegally in New York City

If you list an apartment on Airbnb in violation of Local Law 18, HPD can investigate and issue a violation notice. The fines are steep: $1,000 per day for a first violation, and up to $5,000 per day for repeat violations. The city also has the power to seek an injunction to force you to stop listing and to recover the money you earned from illegal rentals.

Airbnb itself can also remove your listing and suspend your account if the platform detects that you are violating the law. The company now uses automated checks to flag listings that do not have a valid HPD registration number, so many illegal listings are caught before they generate bookings.

Tenants who sublet on Airbnb face different consequences. A landlord can use an illegal sublet as grounds for eviction, and the tenant can be held liable for the landlord's lost income. If you are a tenant and your lease does not permit short-term rentals, subletting on Airbnb is a breach of your lease.

How to check if your building allows short-term rentals

Before you list, find out whether your building's rules permit it. If you own the apartment, check your deed and any covenants attached to the property. If you are a tenant, read your lease carefully—most leases prohibit subletting or short-term rentals without the landlord's written consent.

If you own a condo or co-op, check the building's bylaws and house rules. Many buildings prohibit short-term rentals entirely, even if the law allows them. Violating your building's rules can result in fines from the building, a lawsuit from the board, or even eviction.

Contact your building management or your condo board directly and ask whether short-term rentals are permitted. Get the answer in writing. If the building says no, listing on Airbnb will violate your ownership agreement or lease, and you can face legal action from the building.

Frequently Asked Questions

Can I rent out my apartment on Airbnb if I am a tenant?

Only if your lease explicitly permits it and your landlord gives written consent. Most leases prohibit subletting or short-term rentals. If you sublet on Airbnb without permission, your landlord can evict you for breach of lease. Even if your lease allows subletting, you still need to follow New York City's owner-occupant rule, which means you must live there—so subletting while you are away is illegal in the city.

What if I rent out my apartment for 30 days or longer?

Rentals of 30 days or longer are not considered short-term rentals under New York City law, so Local Law 18 does not explore. However, you still need to follow your lease and building rules. If you are a tenant, your landlord may have rules about long-term sublets. If you own the apartment, check your building's bylaws.

Do I need a license or permit to list on Airbnb outside New York City?

It depends on your town. Some towns require a short-term rental permit or license, while others have no requirements. Contact your town or village clerk's office to find out what rules explore to your address. You should also check your mortgage lender's terms and your homeowners association rules.

Can I list my vacation home on Airbnb in New York?

Yes, outside New York City. In the city, you can list only if you are the owner and the apartment is your primary residence. If your vacation home is outside the city, check your town's local rules and your mortgage or HOA terms before listing.

What is the penalty for listing illegally in New York City?

Fines start at $1,000 per day and can reach $5,000 per day for repeat violations. The city can also seek an injunction to stop you from listing and can recover the money you earned from illegal rentals. Airbnb may also remove your listing and suspend your account.