Airbnb is not fully banned in New York, but short-term rentals face strict limits that make many listings illegal

New York State passed a law in 2023 that took effect in September 2024, making it illegal to rent out an entire apartment for fewer than 30 consecutive days unless the owner lives there. The law does not ban Airbnb itself — the platform still operates — but it bans the business model that made Airbnb popular in New York: renting out a second apartment or investment property to tourists for a night or a week. Listings that violate the rule are removed from Airbnb's platform in New York.

The rule applies statewide, but New York City has additional restrictions on top of it. In the city, you can only rent out your primary residence (the place where you actually live) for up to 120 days per year, and you must register with the city first. Renting out a second apartment is banned entirely in New York City, even for 30 days or longer. Outside the city, the state law's 30-day minimum is the main restriction, though some towns have passed their own rules.

Key Takeaways

  • New York State bans short-term rentals of entire apartments for fewer than 30 days unless the owner lives there full-time.
  • New York City goes further: you can only rent your primary residence for up to 120 days per year, and you must register with the city before listing.
  • Renting out a second apartment or investment property is illegal in New York City under any length of stay.
  • Airbnb removes listings that violate these rules, so many apartments that were listed before 2024 are no longer available on the platform.

What changed in September 2024

Before September 2024, New York had rules on the books but did not enforce them consistently. Thousands of apartments were listed on Airbnb and other platforms, many of them investment properties rented out full-time to tourists. The 2023 law tightened the rules and gave the state and city power to fine platforms and hosts who break them.

Airbnb responded by removing listings that did not meet the new rules. The platform now blocks hosts from listing entire apartments for stays shorter than 30 days in New York State unless the host confirms they live there. In New York City, hosts must enter a registration number from the city before the listing goes live. If a host does not have a registration number, the listing cannot be posted.

The change was sudden for travelers. Thousands of apartments that were available in August 2024 disappeared from Airbnb in September. Prices for the remaining legal listings rose because supply dropped sharply.

Rules for renting your primary residence in New York City

If you live in New York City and want to rent out your apartment on Airbnb, you can do so, but only if it is your primary residence — the place where you sleep most nights. You must register with the city's Department of Housing Preservation and Development (HPD) before you list. Registration is free, but you have to provide your name, address, and proof that you live there (a lease, mortgage statement, or utility bill dated within the last 60 days).

Once registered, you can rent out your apartment for up to 120 days per year. That is roughly four months. You can split those days however you want — one week in summer, weekends throughout the year, or one long block. After you hit 120 days, you must take the listing down for the rest of the calendar year.

The city publishes a list of registered hosts, and Airbnb checks against it. If you list without registering, your listing will be removed. If you continue to list illegally, the city can fine you up to $1,500 per day.

Rules for renting your primary residence outside New York City

Outside New York City, the state law sets a 30-day minimum for short-term rentals of entire apartments. You can rent out your primary residence for any length of stay as long as you live there. There is no 120-day cap like in the city, and you do not need to register with the state.

However, some towns and villages have passed their own rules. Westchester County towns, the Hamptons, and areas around ski resorts have restrictions on short-term rentals. Some ban them entirely; others set their own day minimums or caps. Check your town or village website or call the planning department to find out what applies where you live.

If you are renting out a second property (not your primary residence) outside the city, the state law requires a 30-day minimum stay. Many hosts have moved their listings to longer-term rental platforms like Zillow or Apartments.com to comply.

What happens to hosts who break the rules

Airbnb removes listings that violate the rules automatically. If you try to list an entire apartment for fewer than 30 days in New York State without living there, the platform will not let you post it. If you somehow get a listing up that breaks the rules, Airbnb will take it down when it finds out.

The city and state can also fine hosts directly. New York City fines can reach $1,500 per day of illegal rental. The state has the power to fine platforms like Airbnb if they knowingly host illegal listings, though enforcement against the platform itself has been limited so far. Most enforcement has focused on removing listings and fining individual hosts.

If you are caught renting illegally, you may also face a lawsuit from your landlord or building. Many leases forbid short-term rentals, and landlords have used the new law as grounds to evict tenants who list on Airbnb.

Where to find legal short-term rentals in New York

Airbnb still has listings in New York, but they are now limited to primary residences. If you are looking for a place to stay, you will see fewer options and higher prices than before 2024. Most remaining Airbnb listings in New York City are hosted by people who live in the apartment and rent out a room or the whole place while they are away.

Other platforms like Vrbo (Vacation Rental by Owner) and Booking.com also operate in New York, but they follow the same rules as Airbnb. Listings that break the law are removed from those platforms too. Hotels, hostels, and bed-and-breakfasts are not affected by the short-term rental rules and remain widely available.

If you are a host looking to rent out a property you own, consider longer-term rentals (30 days or more) through platforms like Zillow, Apartments.com, or Craigslist. Those platforms are not subject to the short-term rental restrictions.

Frequently Asked Questions

Can I rent out a room in my apartment on Airbnb if I live there?

Yes. In New York City, you can rent out a room in your primary residence without registering, as long as you live there. The 120-day limit applies to the entire apartment, not individual rooms. Outside the city, you can rent a room with no day limit as long as you live there. Renting a room is treated differently from renting an entire apartment.

What if I own a building with multiple apartments?

You cannot rent out any of those apartments on Airbnb or other short-term rental platforms in New York City, even for 30 days or longer. Outside the city, you can rent them for 30 days or longer, but not for shorter stays. If you want to use them for short-term rentals, you would need to move into one as your primary residence.

Can I list my apartment on Airbnb if I am moving soon?

Not legally. Your apartment must be your primary residence — the place where you currently live — to list it. If you are planning to move, you can list it until you leave, but once you move out, the listing must come down. Listing an apartment you no longer live in is illegal.

Do these rules explore to hotels and bed-and-breakfasts?

No. Hotels, hostels, and licensed bed-and-breakfasts are not affected by the short-term rental law. The rules explore only to residential apartments and homes rented through platforms like Airbnb, Vrbo, and Booking.com.

What if I listed my apartment before September 2024?

If your listing broke the new rules, Airbnb removed it in September 2024. You cannot relist it unless it now complies — meaning you live there and, if you are in the city, you have registered with HPD. Listings that were legal before the law (primary residences) were allowed to stay up as long as the host registers in the city.