Is Airbnb & Short-Term Rentals Legal in New York? (2026)

RESTRICTED
Confidence: High

Partially — Airbnb & Short-Term Rentals are legal with restrictions in New York as of 2026.

Key Restriction
Legal with local permits/registration required
Penalty
Civil penalties, with very high fines in New York City
Last Updated
2026-03-25

Law changed in 2023: The most significant change was the full implementation of NYC's Local Law 18 in September 2023, which led to a dramatic decrease in short-term rental listings. Statewide proposals for a rental registry and tax collection system have been discussed b...

Advertisement

Quick Answer

Short-term rentals are legal in New York but subject to local regulation. The most significant change was the full implementation of NYC's Local Law 18 in September 2023, which led to a dramatic decrease in short-term rental listings. Check local permit, licensing, and tax requirements before hos...

What the Law Says

New York State's Multiple Dwelling Law effectively prohibits the rental of a whole apartment for less than 30 days in most buildings in New York City. A 2022 state law requires all short-term rental hosts outside of NYC to register with the state. Localities also impose their own rules and taxes.

N.Y. Multiple Dwelling Law § 4
Category Details
State-Level Rules Legal with local permits/registration required
Local Permit Requirements Must comply with local zoning and licensing
Violation Penalties Fines for operating without required permits. Tax penalties for unreported rental income.
Pending Legislation None known
Recent Changes

The most significant change was the full implementation of NYC's Local Law 18 in September 2023, which led to a dramatic decrease in short-term rental listings. Statewide proposals for a rental registry and tax collection system have been discussed but not passed.

Enforcement Reality

Enforcement in New York City is extremely strict under Local Law 18, managed by the Mayor's Office of Special Enforcement (OSE). The law requires registration and effectively bans un-hosted rentals for less than 30 days, with significant fines for violations. Outside NYC, regulations are determined by local governments.

Charge Level
Civil penalties, with very high fines in New York City
Enforcement Likelihood
Extremely high in New York City, moderate elsewhere
Common Triggers
Illegal rental of a whole apartment for less than 30 days in NYC, failure to register with the city, advertising an illegal rental.
Common Mistakes

In NYC, the most common violation is illegally renting an entire apartment for less than 30 days without the permanent resident present. Failing to register with the OSE is another primary violation that blocks platforms from processing transactions.

Local Exceptions

State law sets the baseline. These cities or counties have additional rules that may differ:

New York City
Effectively bans short-term rentals of entire apartments in most buildings. Hosted rentals are allowed, but hosts must be present. A new registration law (Local Law 18) took effect in 2023, requiring hosts to register with the city.
Buffalo
Requires a short-term rental license and has different rules for owner-occupied vs. non-owner-occupied properties.
Rochester
Requires a Certificate of Occupancy for rentals and has zoning regulations that apply to STRs.
Ithaca
Requires a permit and limits short-term rentals to primary residences in some zones.
Syracuse
Requires a rental registry permit and compliance with city codes.

Bottom Line

Airbnb & Short-Term Rentals are legal with restrictions in New York. This activity is permitted, but specific conditions apply. Violating those conditions can result in fines or criminal charges. Read the rules carefully and consult an attorney if unsure.

New York vs. the Rest of the US

Across the US, operating a short-term rental is fully legal in 35 states, restricted in 15, and illegal in 0. New York falls in the RESTRICTED category.

View the full 50-state map →

Neighboring States

Laws change at state lines. Here is how bordering states compare on Airbnb & Short-Term Rentals:

Advertisement

Frequently Asked Questions

Is operating a short-term rental legal in New York?
Partially — Airbnb & Short-Term Rentals are legal with restrictions in New York as of 2026. Short-term rentals are legal in New York but subject to local regulation. The most significant change was the full implementation of NYC's Local Law 18 in September 2023, which led to a dramatic decrease in short-term rental listings. Check local permit, licensing, and tax requirements before hos...
What are the restrictions on operating a short-term rental in New York?
Legal with local permits/registration required. Must comply with local zoning and licensing
What mistakes do people make with operating a short-term rental in New York?
In NYC, the most common violation is illegally renting an entire apartment for less than 30 days without the permanent resident present. Failing to register with the OSE is another primary violation that blocks platforms from processing transactions.
Does the law on operating a short-term rental change at the New York border?
Yes. Airbnb & Short-Term Rentals are legal in neighboring Vermont. Laws change at state lines — check each state individually before traveling.

Interactive Tools

Get Airbnb & Short-Term Rentals Legal Updates

Get notified when airbnb & short-term rentals laws change in any state.

No spam. Unsubscribe anytime.

EH
Ethan Harper Independent Legal Researcher

Reviewed by cross-referencing the cited state statute against current legislative databases and regulatory publications.

Last reviewed: 2026-03-25 Method: Statute cross-reference

Sources & Verification

1.
2.
Statute Summary
New York State's Multiple Dwelling Law effectively prohibits the rental of a whole apartment for less than 30 days in most buildings in New York City. A 2022 state law requires all short-term rental h…
Verified: 2026-03-25 Reviewed by: Ethan Harper Method: Statute cross-reference Confidence: High

This page was reviewed by Ethan Harper by comparing the legal status against the cited state statute. AllowedHere is an informational resource and does not provide legal advice. Consult a licensed attorney for guidance specific to your situation.

Comprehensive New York Legal Guides

Explore all related legal topics in New York — statutes, penalties, and enforcement in one place.

More New York Legality Guides

Airbnb & Short-Term Rentals in Other States

Advertisement