Airbnb and the Short-Term Leasing Law – What is forbidden?

The law provides that a short-term rental is any rental for less than 30 days unless a permanent resident is present during the stay. 

However, according to New York’s Housing Maintenance Code, no more than two short-term renters or “boarders” can stay with the permanent resident at a time.

For further clarification, the MDL applies to a residence or home of three (3) or more units.

And, under the New York City Building Code and Housing Maintenance Code, private dwellings are subject to the MDL as well.

Moreover, the law that prohibits short-term occupancy does not concern single family homes or two-family homes. And, the MDL does not concern lofts. [1]

 

Subletting

Remember, if you are looking to rent out your apartment, you may be able to sublet.

Tenants in apartments with three or more units can sublease their apartment if they will be away for at least 30 days.

 In most leases, subletting requires the landlord’s approval. If you are looking to sublet, review your lease and talk to your landlord.

 

The information above is intended to provide limited information only and is not legal advice. The laws relating to Airbnb, sub-leasing, short-term rentals, and evictions in New York are complex. If you are a party to a matter concerning an Airbnb/online marketplace hospitality service and otherwise need further guidance in this or a related area of law, Singh & Rani, LLP can assist you.

[1] “Interim multiple dwellings.” Aurora v. Hennen, 2017 WL 87171 (Sup. Ct. NY Cty. 2017).