Is it legal to rent an apartment on Airbnb in New York?

Renting an apartment in New York used to be straightforward: browse listings and book. That changed in 2010. As more apartments were being converted into illegal hotels, New York State tightened the rules significantly.

1/ What the law prohibits

• Since 2010, the rule is clear: renting an apartment for fewer than 30 days is illegal in buildings with 3 or more units unless the owner is present for the entire stay and is properly registered with New York City. This covers a large portion of Airbnb listings in New York.
• If you find a listing offering an entire apartment to yourself in a modern building, the listing is simply illegal.
• The law was strengthened further in June 2016 when the New York State Senate targeted Airbnb listings directly, imposing $1,000 fines on owners posting non-compliant listings. Repeat violations can result in fines up to $7,500. Though not yet signed by the governor at that time, the law clearly showed New York State’s commitment to ending illegal rentals. Enforcement has been tightening.

2/ What are the risks?

• If you rent an apartment for fewer than 30 days in a building with more than 3 units, both you and the owner are breaking the law. The rules are explicit.
• The owner could be caught by New York City authorities and forced to cancel your stay—with no guarantee of a refund. If this happens days before your arrival, finding a replacement hotel can be expensive, especially during peak season. Worse, if the owner disappears and says nothing, you could arrive in New York with nowhere to stay.
• Complaints are common in New York. Co-owners frustrated by short-term renters—noise, luggage traffic—report violations regularly. The 2010 law, strengthened in 2016, is being enforced more strictly. Following discussions on our Destination New York Facebook group, cancellations have increased significantly since early 2019. Many owners no longer want to risk renting to tourists.

3/ Can you still rent an apartment in New York?

Despite strict rules, apartment rentals are possible if you meet one of these three conditions:

• Rent for 30 days or longer. This works only if you can spend that much time in New York.
• Rent in a building with fewer than 3 units. This is rare in Manhattan but you’ll find options in Brooklyn.
• Rent a room in someone’s home. You’ll share the apartment with the owner during your stay. It’s not ideal for everyone, but it’s a chance to meet New Yorkers.

If none of these options appeal to you and you want your own space—especially to cook and save on restaurant meals—consider an apartment hotel or a hotel room with a kitchenette. These are increasingly common in New York due to high demand for apartments.

4/ Apartment hotels: an excellent option!

To live like a New Yorker—shopping and cooking in your room—choose an apartment hotel. Here are 4 recommendations with kitchenettes in the rooms:

• Hotel Beacon NYC, 3-star: in the Upper West Side, this hotel has 260 rooms with kitchenettes. Bonus: beautiful views of the Hudson River and Central Park from higher floors.
• Condor Hotel, 3-star: head to Brooklyn for this intimate 35-room hotel with a peaceful atmosphere. All rooms have kitchenettes with refrigerator, microwave, sink and coffee maker.
• Kimberly Hotel, 4-star: for a 4-star option, this hotel is ideally located in Midtown, steps from Grand Central Terminal and Times Square. If you want a kitchenette, make sure to book a suite.