Is it illegal to have an Airbnb in NYC?

Airbnb setups and what's legal This is an important distinction, given a New York law that makes it illegal to sublet an entire home for less than 30 days. If the Airbnb listing is for a room in a home that permanent residents are living in, it's legal.



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Short-term rentals — for fewer than 30 consecutive days — have largely been barred if hosts are not present, according to state law, though the city and Airbnb have disagreed about how expansive such prohibitions and other complicated city codes should be. The city said it would start enforcing the law in July.

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Airbnb, once known for being an incredible and innovative platform for finding unique accommodations around the world, has fallen from grace with many travelers. Travelers are tired of exorbitant service fees and cleaning fees, ridiculous rules, misleading listings, missing amenities, and inconsistent quality.

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Hosts will be required to show a diagram with all exit routes in the unit and display the registration certificate, submit proof that the host is a permanent occupant and list the number of unrelated permanent occupants in the residence. Hosts could face penalties of as much as $5,000 for repeated violations.

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After working hard to find a better path forward for home sharing, we're disappointed to inform you that both lawsuits were dismissed and New York City is moving forward with a de facto ban on short-term rentals. Enforcement of the city's new rules began on September 5, 2023.

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The cities mentioned — which also included San Antonio, Nashville, Denver, New Orleans, Seattle and Orlando — all saw revenues drop at least 34.8% from May 2022 to May 2023, according to Gerli's calculations. The city with the biggest decline was Sevierville, Tennessee, which suffered a drop of 47.6%.

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