New York, NY

When deciding whether to become an Airbnb Host, it is important for you to understand the laws in your region or city. As a platform and online marketplace, we do not provide legal advice, but we want to provide resources that may help you better understand applicable laws and regulations. This list is not exhaustive, but it may give you a good start in understanding your local laws. If you have questions, visit the short-term rental homepage or other government agencies directly, or consult a local lawyer or tax professional.

New developments in New York City

In June, Airbnb and local Hosts filed separate lawsuits against the City of New York to help protect hosting for New Yorkers. You can read the full announcement here.

After working hard to find a better path forward for home sharing, we’re disappointed to inform you that both lawsuits were dismissed and New York City is moving forward with a de facto ban on short-term rentals. Enforcement of the city’s new rules began on 5 September 2023.

New short-term rental regulations

Starting from 5 September, the city began enforcing its rules which require all eligible short-term rental Hosts to be registered with the city, or have Class B status, to continue hosting short-term rental stays.

To comply with the new rules, you must:

Register with the city

1. Learn about the registration process on the city’s website and apply if eligible under the new rules. While waiting for your approval, you may set your calendar to 30 nights minimum so that the OSE may review and approve your listing’s eligibility for short-term rental registration.
2. Once you are registered with the City of New York, be sure to add your registration details to your listing(s) on Airbnb.
3. Your listing address (what you have entered on your Airbnb listing) must match exactly what is on New York City’s list. If your address is not an exact match, you must contact customer service in order to update your listing address.

OR

Host long-term stays

1. Update your minimum night stay to 30 nights or more. To learn more about hosting longer stays, check out this guide.
2. Ensure your calendar availability is up to date.

Hotels

Hotels must claim a Class B exemption to continue hosting short-term stays.

• If you are operating a hotel or traditional accommodation establishment, you can ensure your listing address is on the NYC Class B Multiple Dwellings List
  • Your listing address (what you have entered on your Airbnb listing) must match exactly with what is on New York City’s list. If your address is not an exact match, you must contact customer service in order to update your listing address.
  • If you do not see your address on the City’s list, contact the City to be added.

• Note: Only traditional accommodation establishments (Hotels) may claim a Class B exemption on their listing. If you are a Hotel and do not yet have a managed relationship with Airbnb or Hotel Tonight, please contact us.

New York data-sharing requirements

The City of New York requires that home-sharing platforms like Airbnb share data about listings and you as a Host. Before we do so, we’ll ask for your consent to share this information with the City. If you consent, we’ll provide information about your hosting and listing activity to the City. The amended law requires platforms to share data from 3 January 2021 onwards.

Here is a list of the information we’ll disclose to the City of New York:

1. Host & Co-Host(s) information:
   1. Name
   2. Physical address (street name, street number, apartment or unit number, region or county, and postcode)
   3. Phone number
   4. Email
   5. Profile ID number
   6. Profile URL
   7. Total amount the platform transmitted to the Host
   8. The account name and consistently anonymised identifier for the account number for the account used by Host to receive payments
2. Listing(s) information:
   1. Physical address (street name, street number, apartment or unit number, region or county, and postcode)
   2. Listing’s name
   3. Listing’s ID number
   4. URL of listing
   5. Type (e.g. entire place, private room, etc.)
   6. Total number of nights booked per listing

Relevant information for Hosts

Taxes

New York City and New York State impose multiple taxes that may apply to transient occupancy or tourist use, subject to certain exemptions. Examples of taxes that could apply to your listing are:

• State and City sales tax
• City hotel room occupancy tax
• State and City nightly room fees

Information about state-administered taxes is available on the New York State’s Department of Taxation website.

Information about City-administered taxes is available on the City’s website.

Other resources to help you host

• Safety & Airbnb
• Airbnb Resource Centre
• New York City Airbnb Host Facebook Group