Tips for Hosting a Legal Short-term Rental - OSE

Office of Special Enforcement


Tips for Hosting a Legal Short-term Rental

Tips for Hosts
Prohibited Buildings List
Registration Laws and Rules

Tips for Hosts

Prohibited Buildings List

Registration Laws and Rules


Registration for Hosts

OSE encourages all prospective hosts to review the informational videos, tips, and frequently asked questions before applying to ensure a successful application process. Hosts wishing to determine the legality of their short-term rental should review their building's legal occupancy, their lease or rental agreement, and state and city laws, and seek legal advice when necessary.

Click the following links to view short instructional videos to help you get started:

Learn the essentials for hosting a legal short-term rental.

Follow a detailed walk-through of the registration application.

Review these tips for a successful registration application.

Review the required documents for Proof of Occupancy for short-term rental applications.

Learn the details about disclosing listings with an application.

Know the rules for hosting short-term rentals in basement spaces.

Learn how to address problems with a registration application.

Understand the difference between "Class A" and "Class B" multiple dwellings.

Watch an overview of the Prohibited Buildings List.

Tips to Prepare for Registration

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Avoid these common problems that delay approval

Here are some tips to help make sure your application is granted, based on issues that are currently preventing OSE from granting registrations to applicants:

Make sure your listing is legal. OSE cannot approve an application for a listing that offers an unhosted stay, an entire unit, or occupancy for more than two guests.

The space shown in listings must be legally approved for residential use, and submitting listings for basements or cellars that are not legally approved for sleeping by a certificate of occupancy, Letter of No Objection, or other occupancy documents, will prevent OSE from granting your application.

Unless your building is legally a single-family home, you are required to provide a unit number or identifier. The unit you provide must be the unit you live in, and not another unit in the same building. That unit must be displayed on the documents that are submitted as proof of permanent occupancy. For proofs such as utility bills, if the mailing address and service address are different, OSE considers only the mailing address.

When submitting two proofs of occupancy, make sure they are from different categories. Also make sure they are recent, as some categories have specific restrictions on how recent they must be.

Prepare the documents you will need to upload

You will need to upload one proof of identity and two proofs of permanent occupancy from a list of specifically approved items. Please note that the proofs of permanent occupancy must be from two different approved categories.

Check the rules to see which documents will be accepted

If you are using a document that has financial information or the personal identifying information of someone who is not applying (e.g., a letter from your child's school with the child's name on it, a bank statement with an account number, or a W-2 with salary information), you can redact or cover up that information.

Tenants that want to register the unit they rent will also need to provide the portion of their lease that describes the starting and ending dates of the lease, the address of the unit, and the names and signatures of the parties to the lease.

Preparing electronic versions of these documents in advance will save time later!

Check for, and resolve, uncorrected violations

Uncorrected violations issued by New York City's Department of Buildings, Department of Housing Preservation
and Development, or Fire Department may prevent OSE from approving a registration application if the
violation is for conditions that endanger the occupants of the unit.

Visit DOB's Building Information System to
check for uncorrected violations issued by DOB

Learn
how to correct open DOB violations

See copies of certain DOB violations by
using the OATH Summonses Finder

Visit HPD Online to check for uncorrected
violations issued by HPD

Learn how to correct
HPD violations

Find information on looking up
and correcting FDNY violations

All uncorrected violations will be reviewed, but please note that section 21-08(1) of the Short-Term
Registration Rules include several specific violation types that OSE has already determined endanger the
occupants of the unit, and will prevent registration if not corrected. Correcting all open violations will
avoid an application being rejected for this reason.

Review the list of
violations in section 21-08(2) of the Rules

Find out if your apartment is rent-regulated

OSE is prohibited from approving applications for registration in rent-regulated units, and applicants are
encouraged to find out what their rent regulation status is before applying and paying the non-refundable
application fee. If you are not sure whether your rent is regulated, you can find out by filling out an
online form offered by NYS Homes and Community Renewal (HCR), the agency that regulates rent-stabilized
apartments. This step is recommended simply to avoid applying when you may not be eligible, and you will not
need to submit the findings.

Ask NYS HCR about your rent-regulated status to the New York
State Department of Homes and Community Renewal

Read the Short-Term Registration Law and Rules

You will be required to acknowledge that you have read and agree to abide by the law and rules, and you are
encouraged to read them before starting the registration application process. Please pay special attention
to Section § 21-10 of the rules, entitled "Registered host requirements".

Review
the Law and Rules

Read the laws that govern short-term rentals

You will be asked to acknowledge reading, and to agree to comply with, the laws that govern short-term
rentals. You can save time in the application by reviewing them now!

Read New York City
Administrative Code, Title 28, Articles 118

Read New York City
Administrative Code, Title 28, Article 210

Read New York City
Administrative Code, Title 28, Article 301

Read New York City
Administrative Code, Title 28, Article 701, Building Code § 310

Read New York City
Administrative Code, Title 27, Chapter 1, Subchapter 3, Article 18

Read New York City
Housing Maintenance Code § 27-2004

Read New York City
Housing Maintenance Code §§ 2057-2088

Read Multiple Dwelling Law § 4(8)

Read Multiple Dwelling Law § 121

Read Multiple Dwelling Law § 248

Create an NYC ID

You will need a NYC.ID to log in to the short-term rental application. If you don't have one already, it is easy to get one. All you will need is an email account! Please make sure when creating your NYC.ID to include a first and last name.

Create an NYC.ID account

If you already have an NYC.ID account, OSE recommends checking the profile for the account to make sure your first and last name are entered.

Check the name you have on file with booking services

You will need to provide your legal name, but you will also be able to provide a chosen or preferred name. If
you use a chosen or preferred name with a booking service, you will want to make sure of the exact spelling
when you provide that name on the application. This will help ensure that the booking service can verify
your registration.

Make a list of your listings

You will need to include in your application the booking service names and listing numbers for all of your
on-line listings. OSE recommends making sure you have gathered the full set of your listing numbers (or
URLs/web addresses) in advance.

If you are a tenant, consider discussing your plans with your landlord

Tenant applicants are encouraged to discuss their plan to apply with the landlord. OSE is required to notify
landlords that an application has been made, and owners may seek to place their buildings on a prohibited
buildings list. OSE may deny an application or move to revoke a registration if it pertains to a unit in a
building that is added to the prohibited buildings list, and cannot refund the application fee.

The FAQ below is only meant to address questions relating to the Short-Term Rental Registration Law. Hosts wishing to determine the legality of their short-term rental should review their building's legal occupancy, their lease or rental agreement, and state and city laws, and seek legal advice when necessary.

Please note that the law does not change the existing criteria that govern the legality of short-term rentals. Hosts (whether owners or tenants) cannot rent out an entire apartment or home to visitors for fewer than 30 days, even if the host owns or lives in the building. This applies to all permanent residential buildings regardless of the number of units. Short-term rentals are only permitted if the host is staying in the same unit or apartment as the guests, and there are no more than two guests staying with the host. All other laws relating to the use of the space must also be followed (i.e. no sleeping in an area where it would be illegal to do so, such as an attic, cellar, or garage).

The law limits registration to people that occupy a unit of housing, and prohibits OSE from granting a registration for certain types of units, such as rent-regulated and NYCHA units. The law also requires registration requests to be denied for buildings on a prohibited buildings list, which will be created by owners who notify OSE that short-term rentals are not allowed in their buildings.

Frequently Asked Questions

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How long will my application take?

OSE cannot currently give an estimate, and processing time depends on a number of factors, including when the application was submitted, the number of pending applications, and the complexity of the application. The number of applications more than doubled in between the law being upheld in court and the September 5 enforcement start date, and will slow average review time.

How can I check the status of my application?

You can log in to the application portal, click "My Short-term Rental Application" at the top of the screen, and the status will be displayed. OSE asks that applicants do not call or email asking for this information.

Can I add listings after I get a registration number?

In fact, you must submit your listings for approval and association with your application, or booking services will not be able to verify that your listing is associated with your registration. Currently such requests can be made by emailing your registration number or application number to registration@ose.nyc.gov and include the booking service name and the listing number or URL (website) that you want to add.

Can I fix my application to prevent it from being denied?

Yes, OSE's rules specify that if an application must be denied, but all the bases for denial are correctable, OSE will notify the applicant of each deficiency and allow 90 days for the applicant to correct the issues. In addition, if there is missing information (proof of occupancy, proof of identity, or lease if the applicant is a renter), OSE may request additional information and give 30 days for the applicant to submit the information.

What is a "short-term rental"?

For purposes of determining who must register, the Short-Term Rental Registration Law defines the term
"short-term rental" as " a rental for fewer than 30 consecutive days of a dwelling unit within a private
dwelling or class A multiple dwelling, or in the case of a mixed-use building, a rental of a class A
dwelling unit therein for fewer than 30 consecutive days."

Are short-term rentals legal in New York City?

Short-term rental refers to renting out a home or apartment for any period shorter than 30 days. You cannot
rent out an entire apartment or home to visitors for less than 30 days, even if you own or live in
the building. This applies to all permanent residential buildings.

Short-term rentals are only permitted if you are staying in the same unit or apartment as your guests, and
you have no more than two paying guests at a time. The person renting out the home or apartment must
"maintain a common household" with the guests. Otherwise, the short-term rental is illegal. All other laws
relating to the use of the space must also be followed (i.e. no sleeping in an area where it would be
illegal to do so, such as an attic, cellar, or garage).

Which short-term rental hosts will be eligible for registration?

Under the Short-Term Rental Registration Law, to be eligible for registration, a host must be a natural
person and the permanent occupant of the dwelling unit. The applicant is also required to certify that they
are not prohibited by the terms of a lease or other agreement from conducting short-term rentals in the
unit.

Hosts in certain buildings are prohibited from registration if the buildings' owners have opted to put
their buildings on a prohibited building list, which will be maintained and published by OSE, or the unit's
rent is regulated by law (e.g. rent control, rent stabilization) or agreement (e.g. a rent stabilized unit).
OSE will maintain a list of prohibited buildings for potential registrants to check before applying.

Are entire unit short-term rentals permitted in one and two family homes?

No. Pursuant to the New York City Building Code, one and two family homes in the City of New York are exclusively for residence purposes on a long-term basis for more than a month at a time.

However, short term rentals where the host is sharing space with up to two guests in the unit where the host lives is permitted, and registration is required.

I live in a rent stabilized unit, am I eligible for short-term rental registration?

No. Tenants in the following unit-types are not eligible for short-term rental registration:

New York City Housing Authority (NYCHA) apartments

Rent-controlled apartments

Rent-stabilized apartments

Similarly, tenants in buildings where building owners have notified the City that short-term rentals are not
allowed in their buildings will also be ineligible for short-term rental registration.

Will there be a fee to apply for registration?

Yes, the application fee for registration is $145. Payment is required at the time the application is
submitted, and the applicant will be required to acknowledge that the application fee is non-refundable.

Do I have to provide OSE with my short-term rental listing?

As part of a registration application, hosts that use a booking service (such as Airbnb, Booking.com, or
VRBO) platform must provide OSE with the uniform resource locator or listing identifier and the associated
booking service name for all existing listings of the dwelling unit. If you add a listing after registering,
you must report the listing to OSE prior to any short-term rental booking.

Do I owe taxes on my short-term rentals?

Likely yes. Income derived from short-term rentals is taxable. Also, you are encouraged to check with the NYC
Department of Finance to determine whether to collect the hotel room occupancy tax. While, currently,
short-term rentals in your home are most likely not not subject to sales tax, questions regarding sales tax
liability must be directed to the NYS Department of Taxation and Finance. Please note that the requirements
to collect and pay tax are independent of the requirement to register a short-term rental, and OSE has no
role in determining or enforcing your tax obligations.

Read NYC Department
of Finance's Hotel Room Occupancy Tax resources

Visit the NYS Department of Taxation and Finance Sales and
Use Tax website

Is my short-term rental registration or renewal transferable?

No, a short-term rental registration or renewal is not transferable.

What happens if I do not comply with the Short-Term Rental Registration Law?

There will be penalties for both hosts and booking services who fail to comply with the requirements of the
Registration Law. These penalties were established pursuant to the final rules governing registration and
requirements for short-term rentals, which were published on February 3, 2023.

Are there any buildings in New York City where entire unit short-term rentals are permitted?

In the City of New York, short-term rentals in entire units are only permitted in "Class B" multiple
dwellings, which have been approved by the City of New York for legal short-term occupancies.

A Class B multiple dwelling is "a multiple dwelling which is occupied, as a rule, transiently, as the more or
less temporary abode of individuals or families who are lodged with or without meals. This class includes
hotels, lodging houses, rooming houses, boarding houses, boarding schools, furnished room houses, lodgings,
club houses, and college and school dormitories."

Is my home or apartment a Class B Multiple Dwelling?

Probably not. Most residential buildings that people can rent or own to live in full time are not Class B multiple dwellings. The definition of a Class B multiple dwelling for purposes of this law is "a multiple dwelling which is occupied, as a rule, transiently, as the more or less temporary abode of individuals or families who are lodged with or without meals. This class includes hotels, lodging houses, rooming houses, boarding houses, boarding schools, furnished room houses, lodgings, club houses, and college and school dormitories."

Please note that Department of Finance ("DOF") Tax Classifications shows a building's tax status, which may not be the same as the legal use of the structure. In particular, the DOF tax classifications for two-family dwellings all start with "B", but this is not the occupancy classification, and a DOF classification of B does not mean the building is a Class B multiple dwelling.

Learn more about OSE's Class B list

Most short-term rental sites are booked by the number of nights, not by days. How does the check in day
count?

Based on New York State Law, the check-in date is day zero and not day one. Therefore, a 29 night rental
would be a short term rental, and a 30 night rental would count as permanent occupancy.

Do you have a question not covered above?

Submit your question to OSE. We will review the question and update the FAQ section as needed.

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