Airbnb is legal in New York City, but with strict limits on how you can use it

Airbnb itself is not banned in New York City. You can list a property and rent it short-term. However, the city has rules about who can rent, for how long, and under what conditions. Breaking these rules can result in fines up to $7,500 per violation, and the city actively enforces them. Most Airbnb listings in New York City are technically illegal under current law.

The core rule: you can only rent out your primary residence — the place where you actually live — and only when you are present in the unit. You cannot rent out a second home, a vacant apartment, or a room in a building where you do not live. You also cannot rent for fewer than 30 days at a time, with narrow exceptions for buildings where the owner lives on-site.

Key Takeaways

  • You can rent your primary residence on Airbnb only if you live there full-time and are present during the rental.
  • Renting out a second home, a vacant apartment, or a room in a building where you do not live is against city law.
  • The city Department of Housing Preservation and Development (HPD) investigates complaints and issues fines of up to $7,500 per violation.
  • Airbnb has removed thousands of listings that violated the rules, but enforcement depends partly on complaints from neighbors or building management.

What the law actually says about short-term rentals

New York City's short-term rental law took its current form in 2023, though the city has restricted these rentals since 2010. The rule is straightforward on paper: you can rent your primary residence for short periods only if you live there. The law defines "primary residence" as the place where you spend the majority of your time and receive mail. You must be physically present in the unit while guests are there.

The exceptions are narrow. If you own a building with four or fewer units and you live in one of them, you can rent out the others for short-term stays. Some buildings with a live-in owner or superintendent may have different rules. But if you own an apartment building where you do not live, or if you own a second home, short-term rental is not permitted under city law.

The city also requires that you register with the Department of Housing Preservation and Development (HPD) before you list. Registration is free, but it creates a record. The registration number must appear on your listing. Without it, the listing is illegal even if it would otherwise comply with the rules.

How the city enforces the rules

The Department of Housing Preservation and Development investigates complaints from neighbors, building managers, and tenants. They also conduct their own sweeps of platforms like Airbnb. When they find a violation, they issue a violation notice and can fine the owner up to $7,500 per day the listing remains active. Repeat violations carry higher penalties.

Enforcement is not uniform across the city. Buildings with active management that reports violations see faster action. Smaller buildings or those without organized management may see slower response. The city has limited staff, so complaints that come with specific details — a unit number, dates of occupancy, evidence of guests — tend to move faster through the system.

Airbnb itself has removed thousands of listings that did not meet the city's requirements. The platform now requires hosts to verify their address and confirm they live in the unit. However, this verification is not foolproof, and listings that violate the rules still appear on the platform.

What happens if you rent illegally

If the city finds that you are renting in violation of the law, you will receive a violation notice. You have the right to respond and request a hearing before the city's administrative tribunal. If you lose the hearing, you must pay the fine. The fine is per day of violation, so a listing that ran for a month could result in a fine of $225,000 or more.

Beyond fines, an illegal short-term rental can trigger lease violations if you are a tenant (your landlord can use it as grounds for eviction), and it can affect your ability to refinance or sell the property. Some buildings have added language to their proprietary leases or house rules to prohibit short-term rentals entirely, which means you cannot do it even if city law would otherwise allow it.

The city has also pursued criminal charges in cases involving large-scale illegal operations — owners running dozens of listings across multiple buildings. For a single listing in your primary residence, the penalty is civil fines, not criminal charges, but the fines are substantial enough that most hosts who are caught choose to delist.

How to register if you want to rent legally

If you own your primary residence and want to rent it out while you are present, you can register with HPD. Go to the HPD website and look for the short-term rental registration portal. You will need to provide your name, the property address, proof of ownership or tenancy, and confirmation that it is your primary residence. The registration is free and takes a few minutes.

Once registered, you receive a registration number. This number must appear on any listing you create. Airbnb will ask for it during the listing setup. Without the registration number, your listing will be flagged as non-compliant, and Airbnb may remove it.

Registration does not mean you are may provide to avoid enforcement. It means you have complied with the registration requirement. You still must follow all other rules: you must live in the unit, you must be present during rentals, and you cannot rent for fewer than 30 days at a time (with the exceptions noted above).

What counts as your primary residence

The city uses several tests to determine if a place is your primary residence. You must receive mail there, spend the majority of your nights there, and be registered to vote from that address if you vote in New York. If you own multiple properties, the one where you spend the most time is your primary residence. If you rent an apartment, your lease must be in your name, and you must actually live there.

The city can investigate by checking utility bills, mail records, voter registration, and tax documents. They can also interview neighbors or building staff. If evidence shows you do not actually live in the unit, the registration can be revoked and fines issued retroactively.

Alternatives if you cannot rent legally

If you own a second home or a vacant apartment, you cannot use Airbnb under current city law. Your options are to rent it long-term (30 days or more) through a traditional lease, leave it vacant, or sell it. Some owners have explored renting through platforms that focus on longer-term stays, though these still must comply with city housing law.

If you are a tenant in a rental apartment, check your lease before listing anything. Many leases prohibit subletting or short-term rentals. Even if city law would allow it, your landlord can evict you for violating the lease. Some buildings have amended their leases specifically to ban short-term rentals, which overrides city law for that building.

Frequently Asked Questions

Can I rent out my apartment if I am away for a month?

No. The law requires you to be present in the unit during the rental. If you are away, you cannot rent it short-term, even if it is your primary residence. You would need to rent it long-term (30 days or more) through a traditional lease instead.

What if my building has a no-short-term-rental clause?

Your building's rules override city law. Even if city law permits it, if your lease or the building's proprietary lease bans short-term rentals, you cannot do it. Violating the building rule can result in eviction by your landlord or co-op board, separate from any city fines.

Do I need permission from my landlord to register with HPD?

If you are a tenant, yes — you should check your lease first. Many leases require landlord permission for any subletting or rental arrangement. Even if you register with the city, your landlord can still object and pursue eviction if the lease prohibits it. If you own the building, you do not need permission from anyone, but you must still meet all other legal requirements.

What if someone reports my listing?

HPD will investigate the complaint. They may contact you, visit the property, or request documentation. If they find a violation, you will receive a violation notice. You have the right to respond and request a hearing. If you lose, you must pay the fine and remove the listing.

Can I rent out a room in my apartment?

Only if you live in the apartment and the room is part of your primary residence. You cannot rent out a separate room in a building where you do not live. If you rent a room in your own apartment to a long-term tenant (30 days or more), that is legal as long as it complies with your lease and local housing codes.