Short-term rental platforms, such as Airbnb, VRBO, and Booking.com, have made it easier than ever for tenants and property owners to earn extra income. However, in New York City, that convenience can come at a steep cost, especially for landlords. Strict local regulations tightly control short-term rentals, and violations can result in severe fines, building code violations, and even legal disputes with tenants.
If you own or manage residential property in NYC, here’s what you need to know about short-term rentals and how to protect your property from risk.
What Are Short-Term Rentals in NYC?
In New York City, a short-term rental is generally defined as any rental lasting less than 30 consecutive days. Under Local Law 18, also known as the Short-Term Rental Registration Law, most short-term rentals are now tightly regulated and subject to registration requirements.
As of 2023, short-term rental hosts must register with the city’s Office of Special Enforcement (OSE) before listing their space on platforms like Airbnb. More importantly:
- Entire apartments cannot be legally rented for less than 30 days unless the host is physically present during the stay.
- No more than two guests may stay at a time in a legal short-term rental.
- Buildings with more than two residential units are generally not eligible for legal short-term rentals without special approval.
These laws aim to crack down on illegal hotel-style operations and preserve the city’s long-term housing stock.
Risks for Landlords—Even if They’re Not Hosting
Even if you’re not listing a unit yourself, landlords can face significant consequences if tenants or subtenants engage in illegal short-term rentals.
The City may issue fines to building owners for violations of the housing code or zoning laws, even when the violation occurs through a tenant posting a listing. Some of the potential risks include:
- OSE-issued fines of thousands of dollars per violation
- Building violations that can impact your Certificate of Occupancy or DOB filings
- Legal liability for nuisance activity, including noise complaints or safety concerns
- Complications when the unit is rent-stabilized or otherwise regulated
In some cases, repeated violations could lead to additional scrutiny of your entire property.
Protecting Your Property from Illegal Short-Term Rentals
The best way to avoid penalties is to take proactive steps to prevent unauthorized rentals on your property. This includes:
- Clear lease language that prohibits short-term subletting without written consent
- Monitoring online listings to catch unauthorized activity tied to your address
- Routine inspections or tenant communications that reinforce the rules
- Including penalties in the lease, such as lease termination or forfeiture of security deposits for violations
Some property owners also use technology tools to flag potential Airbnb activity based on guest traffic or internet usage.
The goal isn’t to punish tenants but to protect your building, your reputation, and your legal rights.
How We Help NYC Landlords Stay Compliant
At Kohan Law Group, we represent property owners, landlords, and management companies across New York City and Long Island in real estate disputes and compliance matters. Our attorneys can help you:
- Draft or revise your leases to align with NYC short-term rental laws
- Respond to OSE violations or administrative proceedings
- Take legal action against tenants violating lease terms
- Defend your property rights in Housing Court or Civil Court
If you’re a landlord dealing with short-term rental issues or simply want to make sure your leases comply with NYC law, contact us today. Our team is ready to help you protect your rights and your property.