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 allowed, but renting out your whole place while you are away is not — even for a weekend.

The city requires hosts to register with the Department of Housing Preservation and Development (HPD) and obtain a license. Registration is open, but the city does not issue new licenses for entire-apartment rentals unless the host occupies the unit as their primary residence. This means that investment properties, second homes, and corporate-owned units cannot legally be rented short-term at all.

Airbnb itself does not enforce these rules — the city does. Hosts who violate the law face fines starting at $1,000 per night of illegal rental. Landlords can also sue tenants for breach of lease if the lease prohibits short-term rentals, which most do.

Key Takeaways

  • Renting out your entire apartment for fewer than 30 days is illegal in New York City unless you live there full-time.
  • You can legally rent out a single room in your primary residence while you live there, but you must register with HPD first.
  • The city fines hosts $1,000 per night for illegal short-term rentals, and landlords can evict tenants who violate lease terms.
  • Airbnb does not check whether your listing is legal — you are responsible for knowing and following city law.
  • Most Airbnb listings in New York City are technically illegal, though enforcement varies by neighborhood and building.

What counts as an illegal short-term rental

A short-term rental is any rental lasting fewer than 30 consecutive days. If you rent out your entire apartment for 29 days or less, and you do not live there full-time, the rental is illegal — even if you are only doing it once or twice a year.

The 30-day rule applies to the entire apartment. If you rent out a bedroom while you occupy another room in the same unit, that is legal (as long as you register). But if you rent out the whole place and stay elsewhere, that is illegal, regardless of whether the tenant is a tourist, a business traveler, or someone relocating to the city.

Subletting to a long-term tenant (30 days or more) is a separate issue governed by your lease and state law, not the short-term rental rules. Many leases prohibit subletting altogether, so check yours before you rent to anyone.

How to legally rent out a room in your home

If you live in your apartment full-time and want to rent out a spare bedroom, you can do so legally if you register with HPD. The process is free and takes about 10 minutes online.

Go to the HPD website and use the short-term rental registration portal. You will need your address, a valid email, and your Social Security number or Individual Taxpayer Identification Number (ITIN). HPD will issue you a registration number, which you must include in any Airbnb listing. Airbnb will ask for this number when you create a listing for a room rental.

Once registered, you can rent out the room for any length of time, including short stays. You are still responsible for following all other laws — your lease, tax law, and building rules. Many buildings prohibit any short-term rentals, even of a single room, so check your lease and ask your landlord or building management before you list.

Why most Airbnb listings in New York City are illegal

Airbnb's business model relies on entire-apartment rentals, which are illegal in New York City for most hosts. The vast majority of listings on the platform are for whole apartments, and most of those hosts do not live there full-time. This means most listings are technically illegal.

Enforcement has increased since 2019. The city has fined Airbnb itself multiple times for hosting illegal listings, and the platform has removed thousands of listings. However, enforcement is uneven — some neighborhoods and buildings see more activity from city inspectors than others. A listing being available does not mean it is legal.

Airbnb does not verify whether a listing complies with New York City law. The platform relies on hosts to self-report and on the city to investigate complaints. If you list an illegal rental, you are taking on the legal and financial risk yourself.

Fines, penalties, and what happens if you are caught

The city fines hosts $1,000 per night for each night an illegal short-term rental occurs. If you rent out an entire apartment for a weekend (three nights), the fine is $3,000. If you do it regularly, the fines accumulate quickly.

Beyond fines, your landlord can use an illegal short-term rental as grounds for eviction. Most residential leases prohibit short-term rentals or subletting without permission. If your landlord discovers you are running an Airbnb, they can file for eviction in housing court. Even if you stop the rental when ready, the eviction case can proceed.

The city can also issue violations to the building owner, which can affect the building's compliance record and future permits. Some landlords have begun screening tenants specifically to prevent short-term rentals and have added explicit prohibitions to new leases.

Alternatives if you want to rent out your space

If you own your apartment and want to rent it out short-term, you have limited options. You can rent out a room while living there full-time (after registering with HPD). You can also rent the entire apartment for 30 days or longer, which is a long-term rental and not subject to the short-term rental rules.

Some hosts have moved to other platforms that focus on longer-term rentals, such as Furnished Finder or Airbnb's own long-term rental section. These platforms allow entire-apartment rentals as long as the lease is 30 days or longer.

If you are a landlord looking to generate income from a vacant unit, renting long-term to a permanent tenant is the only legal short-term option. You can also explore whether your building allows furnished rentals or corporate housing arrangements, which may have different rules.

How to check if a building allows short-term rentals

Before you list anything, check three things: your lease, your building's house rules, and local law.

Your lease is the first place to look. Many leases explicitly prohibit short-term rentals, subletting, or any rental without the landlord's written permission. If your lease says no, you cannot legally rent, even if the city allows it. Read the entire lease or ask your landlord directly.

Your building's house rules or proprietary lease (if you own a co-op) may also restrict short-term rentals. Some buildings prohibit them entirely, others allow them only with permission, and some have no restriction. Ask your building management or check any documents you received when you moved in.

Finally, you must follow New York City law. Even if your lease and building allow it, you still cannot rent out an entire apartment for fewer than 30 days unless you live there full-time and have registered with HPD.

Frequently Asked Questions

Can I rent out my apartment on Airbnb if I am moving out temporarily?

No. If you do not live in the apartment full-time, renting it out for fewer than 30 days is illegal, even if you plan to return. The law requires the host to occupy the unit as their primary residence. Temporary absences do not change this.

What if my landlord says it is okay?

Your landlord's permission does not override city law. Even with written permission, renting out an entire apartment for fewer than 30 days is still illegal if you do not live there full-time. You would still face city fines. Get permission in writing, but understand it does not make the rental legal under city rules.

Do I have to report my Airbnb income on my taxes?

Yes. Rental income is taxable income, whether the rental is legal or not. You must report it to the IRS and to New York State. The fact that a rental is illegal does not exempt you from taxes — it only adds another layer of legal exposure.

Can I register multiple apartments with HPD?

No. HPD registration is tied to your primary residence. You can only register one address where you live full-time. If you own multiple properties, you can only legally rent out a room in the one where you actually live.

What if I rent out my apartment for exactly 30 days?

A 30-day rental is a long-term rental and is legal, even if you do not live in the apartment. The rule applies to rentals of fewer than 30 days. Once the lease is 30 days or longer, the short-term rental law does not explore, though your building lease and other laws still do.