The regulations for rental properties in New York can be daunting. Between state statutes, city laws, and platform-level restrictions, it’s easy for even experienced operators to misstep — and in New York State, unlawful advertising of short stays can carry civil penalties up to $7,500 for repeat violations under the state Multiple Dwelling Law.
New York now runs on a two-tier system for short stays: a state rule that treats most residential apartments as long-term homes, and a New York City regime that requires registration and platform verification before any sub‑30‑night booking can be processed. For property managers, STR operators, hotels, multifamily, and student housing teams, the difference determines your operating model, taxes, and risk exposure.
This guide to New York short-term rental laws distills what the laws require in 2025 and 2026, how enforcement actually works, and how to build compliant, guest‑friendly operations that respect neighbors and protect your assets.
State law draws a clear line at 30 nights for multiple dwellings. In Class A residential buildings (most apartment buildings with three or more units) apartments are intended for permanent residence and can’t be used as unhosted “vacation rentals” for fewer than 30 consecutive days. Limited sub‑30‑night use is only lawful when the permanent occupant is present and sharing the unit as a common household. Hotels and licensed hostels are Class B transient accommodations with a separate regulatory framework. You can find the controlling definitions in the state’s Multiple Dwelling Law (MDL).
New York also curbs unlawful advertising. Marketing a Class A dwelling for an illegal short stay can trigger state civil penalties, reaching up to $7,500 per repeat violation under the advertising ban in MDL §121.
Two statewide updates matter in 2025:
New York City has additional rules to stays under 30 nights:
Further reading: New York’s Registration Law
New York City’s Local Law 18 (LL18) set up a registration system for sub‑30‑night stays in Class A housing and embedded enforcement directly into the booking flow. Since September 5, 2023, platforms must verify an active city registration via the OSE API before accepting or processing a reservation, and hosts must meet narrow hosted‑stay standards.
In practice, the permanent occupant must be present and sharing the dwelling as a “common household,” no more than two paying guests may stay at a time, and interior doors cannot be configured to deny guest access to household areas. For the City’s host guidance, see OSE’s tips for hosts.
Two more features shape operations:
Platforms that process sub‑30‑night bookings in NYC without proper verification can be fined. Under LL18’s enforcement posture, OSE may seek penalties up to $5,000 per violation and — in litigation — treble illegal revenue in certain cases. The City details its escalated enforcement tools, warning notices, and revocation pilot on the OSE registration law enforcement page.
The policy goal is housing protection and safety. The state’s permanent‑residence standard for Class A dwellings prevents residential stock from operating as de facto hotels, and NYC’s registration and platform verification closes the loop at the point of sale. The framework has held up in court: in August 2023, a state judge allowed the rules to take effect, clearing the way for enforcement beginning September 5, 2023.
The impact has been profound:
OSE continues to monitor compliance in the registered pool. In early June 2025, the office estimated that about 20% of registered listings were offering illegal occupancy and began issuing warning notices while piloting revocations for persistent noncompliance.
For sub‑30‑night stays in Class A housing, the lawful route is a hosted stay in the host’s primary residence with the permanent occupant present and sharing the dwelling. The two‑guest cap, “common household” standard, and registration obligations apply. Entire‑unit stays under 30 nights are not legal in Class A residences.
Stays of 30 or more nights meet the permanent residency standard and don’t require city registration.
Properly licensed Class B buildings, which are hotels and approved transient use buildings, operate under a different code and are exempt from LL18. For the definitions, review MDL §4.
Eligibility starts at three levels: unit use, building status, and control. The unit must be your primary residence, the building must be eligible for registration, and the host must be present throughout sub‑30‑night stays while sharing the space as a common household. Beyond those thresholds, operators must comply with housing, building, and fire‑safety rules.
Common failure points include:
If your application is denied or OSE identifies violations after approval, the office may issue a Notice of Intent to Deny or Revoke. Operators typically receive a window to correct violations or file an appeal. Penalties escalate for continued noncompliance. OSE outlines its enforcement posture of summonses, warning notices, and a revocation pilot on its registration law enforcement page.
Operators should plan on being continuously present during sub‑30‑night stays in Class A homes. The standard is sharing the home as a common household throughout the stay. While edge cases exist, the conservative and safest approach is no overnight or extended absences that leave guests alone.
NYC’s verification requirement turned platforms into the front line of compliance. Booking services must check the City’s API before accepting a sub‑30‑night reservation and maintain records for audits under the City’s reporting law. Platforms and operators can face fines up to $5,000 per violation.
Statewide advertising limits remain strict. Marketing a Class A dwelling for an illegal short stay can result in fines per unlawful advertisement under MDL §121.
Taxes shifted in 2025. New York State applies sales tax to STR occupancy and requires platforms or certain operators to register and collect tax, with a $1.50 per‑unit‑per‑day NYC fee layered on top. The state explains what “short‑term rental unit occupancy” means for collection, filing, and liability relief in its short‑term rental tax guidance. Separately, depending on your property’s classification and length of stay, NYC’s Department of Finance may impose the Hotel Room Occupancy Tax.
Article 12‑D adds statewide registration and quarterly reporting. Jurisdictions with existing systems, including NYC, will continue operating them.
For hosted stays in NYC, compliance is both operational and environmental. Keep these focal points front and center:
Decide your New York model. In NYC’s Class A stock, sub‑30‑night activity overwhelmingly means hosted stays in a primary residence with a two‑guest maximum. Many professional operators have pivoted to 30+‑night furnished rentals or secured Class B transient inventory to align with the framework.
Confirm building eligibility and private rules. Check the PBL, review leases, and read condo or co‑op by‑laws and house rules. Private restrictions can bar short‑term rental activity irrespective of City or State eligibility.
Bring the unit to code and plan for accessibility. Before applying, clear open violations, verify egress, and ensure smoke and carbon monoxide detectors are in place and functional. Prepare required postings, including the evacuation diagram. Remember that ADA and fair housing requirements still apply.
Receive approval before taking sub‑30‑night bookings. Once approved, display the registration number on every listing.
Configure taxes and platform settings correctly. Account for the statewide sales tax and NYC’s $1.50 per‑unit‑per‑day fee, and confirm whether NYC’s Hotel Room Occupancy Tax applies to your property and length of stay.
Train your team on presence, the two‑guest cap, and “common household.” Clear house rules, proactive communication, and privacy‑safe monitoring help stop issues before they escalate. For broader regulatory context, read Minut’s 2026 guide to short-term rental regulations to see what you may want to adapt to New York, even if it’s not currently mandated.
Here’s a step-by-step checklist to help you stay compliant:
New York short‑term rental laws rest on two pillars: the state’s 30‑day permanent‑residence rule for Class A homes, and New York City’s registration and platform‑verification regime for sub‑30‑night stays. In residential Class A housing, entire‑unit short stays are not legal. The narrow lawful path under 30 days is a hosted stay in the host’s primary residence with a two‑guest maximum, common household sharing, and city registration verified by the platform at checkout.
For professional operators, the way forward is clear: choose the compliant model for your asset, verify building eligibility and private rules, bring units to code, register where appropriate, and operationalize presence, occupancy limits, and noise standards. With platform verification, platform fines up to $5,000 per violation, and the state’s new tax and reporting rules, compliance has moved upstream.
With the right processes, you can protect properties, neighbors, and your brand while delivering consistent, lawful stays that keep guests coming back.
They can be, but strong applications get approved. OSE reports approval rates around 40% in FY25 with more than 4,300 denials, including 550+ rent‑regulated units that are ineligible. You improve your odds by applying for your primary residence, confirming the building is not on the PBL, ensuring leases/by‑laws allow hosted stays, and submitting complete documentation. Configure the home to meet the “common household” standard, plan for continuous host presence, cap occupancy at two guests, and clear open violations before applying.
You should plan to be present throughout the guests’ stay. The City expects the permanent resident to be present and sharing the home for the duration of the stay.
They are typically Class B transient accommodations such as licensed hotels, hostels, or approved transient buildings, and these operate under different standards. Some may be miscategorized. For Class A residences, unhosted entire‑unit stays under 30 nights are not lawful.
The state’s 30‑day permanent‑residence standard applies to multiple dwellings statewide, but NYC’s registration regime is specific to the five boroughs. Beginning September 22, 2025, Article 12‑D adds county registries and platform verification outside NYC.
If a listing is delisted or a stay is canceled due to enforcement, guests typically receive refunds and platform assistance. Major platforms provide mediation and may help with rebooking or alternate accommodations. Build internal protocols so your team communicates promptly, offers documented refunds, and coordinates verified alternatives when possible.
Platforms will block unregistered sub‑30‑night bookings in NYC, and OSE can issue civil penalties up to $5,000 per violation. The state can also fine illegal advertisements.
The information in this article is provided for general informational purposes only and reflects regulations as they were understood at the time of writing. It should not be considered legal advice. Laws and enforcement practices may change without notice, and local interpretations can vary. Always verify current requirements with official city, county, or state authorities before operating a short-term rental.
