Overview: Are short-term rentals allowed in New York, NY?

• Explicit answer: Yes—but tightly restricted. New York City prohibits “entire-unit” short‑term rentals in most residential buildings. In general, only hosted rentals are allowed, and only when the host is present, the unit is the host’s permanent residence, there are no more than two guests, and the host remains in the same unit as guests for the entire stay. These rules apply to Class A multiple dwellings (standard residential buildings), which include most apartments and homes. In addition, the City mandates registration with the Mayor’s Office of Special Enforcement (OSE) for qualifying STR hosts. Class B multiple dwellings (hotels, lodging houses, etc. legally permitted to operate transient occupancies) are exempt from registration. See links in “Required documents, permits, licenses” for specifics. [1][2][3]

How to start a short-term rental business in this market

• Confirm building eligibility
  • Confirm the property is not in a prohibited category:
    • Not a NYCHA apartment.
    • Not rent‑controlled or rent‑stabilized.
    • Not a Single‑Room Occupancy (SRO) unit.
  • Class B multiple dwellings are exempt from NYC’s registration requirement; verify if your property qualifies under City rules (hotel/lodging houses/rooming houses/etc.).
  • Check whether the building is on the City’s Prohibited Buildings List; if it is, STR operations are not permitted.
• Validate the operating model
  • In Class A multiple dwellings: You may only operate a hosted STR with the host living on‑site for the entire stay, no more than two guests, and the host staying in the same unit as the guests. You must ensure every guest has free, unobstructed access to all parts of the dwelling unit and each exit.
  • In Class B multiple dwellings: Short‑term rentals are allowed subject to the building’s legal status as a transient occupancy facility; registration is not required.
• Register with the City (for eligible STRs)
  • Submit an application to OSE through the Short‑Term Rental Registration Portal. You will receive a unique registration number upon approval. Registration does not change the underlying legality of the unit or building—only qualifying hosted rentals may operate in Class A buildings. [1][2]
• Ensure the listing platform verifies your registration
  • Booking platforms (Airbnb, VRBO, Booking.com, etc.) may only process transactions for registered STRs using the City’s verification system. If you are not registered or if the platform cannot verify your listing, the booking cannot proceed.
• Confirm zoning and insurance
  • Verify local zoning allows the use as a residence; if it is a rental building, confirm that the lease or occupancy agreement does not prohibit STRs. Property owners can notify OSE to add a building to the Prohibited Buildings List where leases ban STRs.
  • Maintain appropriate property and liability insurance consistent with your risk profile and obligations.
• Comply with tax and reporting rules
  • NYC combined sales and hotel taxes (8.875%) and an additional hotel unit fee apply; these obligations have not changed with registration. Hosts should maintain accurate records for filings. [3]
• Follow safety and occupancy requirements
  • Comply with all laws relating to the use of the space (e.g., no sleeping in areas where it is illegal, such as an attic, cellar, or garage). Ensure working smoke and carbon monoxide detectors as applicable and follow applicable fire safety requirements. [1]
• Keep your registration current
  • Use the OSE portal to monitor status, renew as required, and promptly notify OSE of any changes to contact or listing details. [1]

Required documents, permits, licenses, and guidelines

• NYC STR Registration (Class A multiple dwellings)
  • Application portal: Short‑Term Rental Registration Portal (OSE). [1]
  • General application components (per City guidance):
    • Host’s name, phone, and email.
    • Property address and unit number (must be the host’s address).
    • Proof of identification.
    • Two pieces of proof of permanent occupancy.
    • Portion of lease if the host is a renter.
    • Listing information if available.
    • Statements acknowledging compliance with applicable codes and regulations.
    • Non‑refundable registration fee of $145 (as stated in City guidance). [1][3]
  • Registration is mandatory for eligible hosted STRs; booking platforms may only process transactions for registered listings verified through OSE’s system. [2]
• Registration exemptions
  • Class B multiple dwellings (hotels/lodging houses/rooming houses/furnished room houses, etc.) do not require NYC STR registration. [2][3]
  • Rentals for 30 consecutive days or more do not require registration. [1][3]
• Prohibited Buildings List
  • Buildings where STRs are prohibited by law (e.g., NYCHA buildings; entire rent‑regulated buildings) or by lease/occupancy agreement. Property owners may notify OSE to add their building to the list. [1][2]
• Class B Multiple Dwelling list (reference)
  • City maintains a list of Class B multiple dwellings approved for legal transient occupancies; these are exempt from registration. [1]
• Safety and use rules (operational)
  • Host must be present for the entire stay and stay in the same unit as guests.
  • Maximum two guests.
  • Every guest must have free, unobstructed access to all parts of the dwelling and each exit.
  • No sleeping in prohibited areas (e.g., attic, cellar, garage). [1]
• Local law references
  • NYC Administrative Code provisions on short‑term rentals; see City code library for full text. [3]

Specific regulations for STRs in New York, NY (city, county, state)

• City of New York
  • Host presence and occupancy: Host must be present for the entire stay, stay in the same unit as guests, and host no more than two guests at a time. Every guest must have free, unobstructed access to all parts of the dwelling and each exit. [1]
  • Entire‑unit rentals: Renting out an entire apartment or home for fewer than 30 days is prohibited in Class A multiple dwellings, even if the host lives in the building. [1][3]
  • Registration: Short‑term rental hosts in Class A multiple dwellings must register with OSE. Registration does not supersede zoning, lease, or building‑type prohibitions. [1][2]
  • Booking platforms: Platforms may only process transactions for registered STRs verified through the City’s system. Unverified listings cannot be booked. [2]
  • Prohibited buildings: NYCHA apartments, rent‑controlled and rent‑stabilized units, and SROs cannot be registered for STR use. [1]
  • Class B exemption: Short‑term rental listings for units in Class B multiple dwellings are exempt from registration. [1][2]
  • Taxes: NYC sales and hotel occupancy taxes total 8.875%, plus an additional hotel unit fee based on the daily rate. These obligations are not changed by registration. [3]
• County (New York County)
  • No separate county licensing or registration regime for STRs is identified in the provided materials. The NYC rules govern STRs in New York County.
• State of New York
  • Class A vs Class B multiple dwellings: New York State’s Multiple Dwelling Law (MDL) classifies multiple dwellings into Class A (permanent residence) and Class B (transient occupancy). Operating STRs in Class A buildings is restricted; STRs are allowed in Class B buildings subject to compliance with the MDL and local laws. [3]
  • Registration and listing data: OSE maintains registration and listing data and publishes reports for transparency and enforcement. [1]
  • Enforcement: OSE actively enforces STR rules, focusing on both platform verification and compliance with the underlying occupancy rules. [2]
  • State STR legislation (S.885C/A.4130C; chapter amendment S.820/A.5686): New York enacted a statewide framework requiring short‑term rental platforms to collect and remit state and local sales taxes to the State Department of Taxation and Finance. Counties may, at local discretion, establish a county‑wide STR registry and collect hotel/motel occupancy taxes. Counties have differing timelines depending on existing tax authority and whether they create a registry. See the New York State Association of Counties’ guidance for county‑level implementation timelines and options. [4]
  • State‑level tax obligations: New York State sales tax (4%), local sales tax (jurisdiction‑specific), and the Metropolitan Commuter Transportation District (MCTD) tax (0.375%) apply where applicable, in addition to local hotel occupancy taxes. Hosts should register with the NYS Tax Department for sales tax purposes and track local occupancy taxes. [3]

Compliance checklist

• Before listing
  • Verify the unit is not in a prohibited category (NYCHA, rent‑controlled, rent‑stabilized, SRO).
  • Confirm the building is not on the Prohibited Buildings List.
  • Validate the STR model: Host present; maximum two guests; access to all areas/exits; no sleeping in prohibited spaces.
  • Complete NYC STR registration (if applicable) through OSE’s portal.
  • Ensure the booking platform can verify your registration number.
  • Confirm you can meet NYC tax obligations (8.875% combined sales and hotel taxes; hotel unit fee) and maintain accurate records. [1][2][3]
• Ongoing operations
  • Retain host presence for every stay; cap guests at two.
  • Maintain safety measures (smoke/CO detectors, fire extinguishers as applicable, clear egress).
  • Monitor registration status; renew as required.
  • File applicable sales and occupancy taxes; keep supporting documentation.
• If issues arise
  • Check registration status via OSE’s portal.
  • If the building owner prohibits STRs, OSE may list the property on the Prohibited Buildings List.

Contact information (local authority in charge of STRs)

• Mayor’s Office of Special Enforcement (OSE)
  • Registration and policy inquiries: registration@ose.nyc.gov
  • Registration portal: Short‑Term Rental Registration Portal (OSE). [1][2]
• City of New York general
  • City information and reporting: NYC311 (portal.311.nyc.gov). [1]
• County/state perspective
  • New York State Association of Counties (NYSAC): STR@nysac.org; phone (518) 465‑1473. [4]
  • State tax information: New York State Department of Taxation and Finance (see state sales and MCTD tax references). [3]

Source links

• NYC STR Registration (NYC311): portal.311.nyc.gov/article/?kanumber=KA-03559
• NYC OSE Registration Law overview: www.nyc.gov/site/specialenforcement/registration-law/registration.page
• NYC Class B Multiple Dwelling list (exemptions): www.nyc.gov/site/specialenforcement/reporting-law/class-b-mdl.page
• NYC Prohibited Buildings List: www.nyc.gov/site/specialenforcement/registration-law/pbl.page
• NYC Short‑Term Rental Registration Portal (OSE): strr-portal.ose.nyc.gov/s/?language=en_US
• New York City Administrative Code (short‑term rental provisions): codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-48092
• New York State Association of Counties (STR framework): www.nysac.org/issues/short-term-rentals/
• NYS Multiple Dwelling Law (PDF): www.nyc.gov/assets/buildings/pdf/MultipleDwellingLaw.pdf

Notes for investors

• This guide reflects the City’s current rules, registration requirement, and state MDL structure as of the provided content. Because rules can change, investors should periodically review OSE notices and NYSAC county‑level implementation updates if/when state registry or tax remittance frameworks affect operations in New York City. [1][2][4]