Comprehensive FAQs for Short-Term Rental (STR) Regulations in New York, NY
Investing in short-term rental (STR) properties requires an in-depth understanding of local regulations. Below is a comprehensive list of frequently asked questions (FAQs) for STR operators and investors to help you navigate the rules in New York City, NY and stay compliant while maximizing profitability.
1. What is considered a short-term rental in New York, NY?
A short-term rental is defined as “a rental for fewer than 30 consecutive days of a dwelling unit within a private dwelling or class A multiple dwelling” (Final Rules, §21-01 “Short-term rental”).
Short-term rentals of entire units where the permanent resident is not present are prohibited under New York State law (Multiple Dwelling Law), as referenced in the rule’s Statement of Purpose.
2. Do I need a permit to operate a short-term rental in New York, NY?
Yes. NYC requires registration:
“A person… shall not offer, manage, or administer short-term rentals… unless such dwelling unit is registered with the administering agency, such dwelling unit has been issued a unique short-term rental registration number, and such registration is currently valid.” (Final Rules, §21-02(1))
Unregistered rentals cannot be advertised (§21-02(2)).
3. How do I register my property for short-term rentals in New York, NY?
Register online via the STRR portal (ose.nyc.gov) by creating an account, providing proof of primary residency, and submitting required documentation. Upon approval, you receive a registration number valid for up to two years.
Application walk-through video: STR Registration Walk-Through
4. What are the zoning laws for STRs in New York, NY?
STRs are governed by the Administrative Code, not zoning districts. However, permanent conversions require Department of Buildings approval. All STRs must still comply with any applicable building-use regulations .
Applicants must certify they understand and will comply with “the zoning resolution, multiple dwelling law, housing maintenance code, New York City construction codes… and other laws and rules relating to the short-term rental of dwelling units” (Final Rules, §21-03(8))
Short-term rentals of Class A dwellings are only lawful when the permanent occupant is present.
5. Are there occupancy limits for short-term rentals in New York, NY?
Hosts may rent only the unit in which they reside. Occupancy must comply with the Housing Maintenance Code, which limits total occupants based on unit size and room count.
6. What taxes are short-term rental hosts required to pay in New York, NY?
All hosts must collect and remit:
- New York State Hotel Unit Fee ($0.50–$1 per unit per night)
Platforms may facilitate tax collection, but hosts remain responsible for accurate remittance . - New York State Sales Tax (4%)
- New York City Sales Tax (4.5%)
- NYC Hotel Unit Fee ($1–$2 per unit per night)
Platforms may facilitate tax collection, but hosts remain responsible for accurate remittance.
7. What are the safety and health requirements for STR properties in New York, NY?
Hosts must comply with:
- Lead-based paint disclosures for pre-1960 buildings
Annual self-inspections and third-party inspections are recommended . - Smoke and carbon monoxide detectors in all bedrooms
- Fire extinguishers accessible on each floor
- Egress and exit signage per Fire Code
