Legal Considerations for Short-Term Rentals in New York

The rise of short-term rental platforms like Airbnb and Vrbo has transformed the way people travel and find accommodations. More property owners are taking advantage of these platforms to rent out their homes or apartments to tourists for a few days or weeks. While this can be a lucrative venture, there are several legal aspects to consider if you are planning to offer short-term rentals in New York. The state has strict regulations in place that can affect your ability to rent out your property, and failure to comply with these laws could result in significant fines or other legal consequences. At, Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. , we are here to guide you through the legal process and help you navigate the complexities of your case.

Richard H. Cole

Richard H. Cole
Partner

Thomas Hewner Esq.

Thomas F. Hewner
Partner

Donna Haslinger

Donna L. Haslinger
Partner

Vivian Roche

Vivian P. Roche'
Partner

Keith Rosso

Keith R. Rosso
Attorney

Tasha D. Frazie

Tasha D. Frazie
Attorney

New York State Laws on Short-Term Rentals

One of the most important things to understand about short-term rentals in New York is the Multiple Dwelling Law. This law makes it illegal for most buildings with three or more units to be rented for fewer than 30 days unless the permanent tenant is living in the unit during the rental period. This means that if you own or manage a property with multiple units, you may not be allowed to rent them out for short stays unless you live there at the same time. This law was put in place to address concerns about safety and overcrowding, as well as to protect the city’s housing stock.

In addition to state laws, many cities and municipalities within New York have their own regulations regarding short-term rentals. New York City, for instance, has some of the strictest rules in the country. In fact, it is nearly impossible to legally rent out an entire apartment in most parts of the city for fewer than 30 days. Short-term rentals that violate the city’s laws can result in fines of up to $7,500 per violation.

Zoning Restrictions and Building Regulations

Zoning laws also play a major role in determining whether short-term rentals are allowed in certain areas. Different zones are established for various uses, such as residential, commercial, or mixed-use. In many residential zones, short-term rentals may be prohibited or heavily restricted. If your property is in a commercial or mixed-use zone, you may have more flexibility. However, even in areas where short-term rentals are permitted, there may be building code regulations to follow. This includes safety requirements such as smoke detectors, fire extinguishers, and emergency exits.

Additionally, certain buildings may have their own rules against short-term rentals, even if they are allowed by the city or state. Condominium and cooperative buildings, for example, often have bylaws that prohibit owners from renting their units on a short-term basis. It is crucial to review your building’s bylaws or consult with the building’s board to ensure you are in compliance.

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Short-Term Rental Taxes in New York

Another important consideration when offering a short-term rental is the tax implications. In New York, short-term rental income is subject to both state and local taxes. The most common taxes that apply to short-term rentals include sales tax and hotel occupancy tax. The sales tax rate in New York varies by location but is typically around 8 percent. The hotel occupancy tax, which also varies by location, is often around 5 percent.

In New York City, for instance, short-term rental hosts are required to collect a sales tax of 8.875 percent, plus an additional hotel room occupancy tax of 5.875 percent. Failure to collect and remit these taxes could result in penalties and fines. Many rental platforms like Airbnb will automatically collect and remit these taxes on behalf of their hosts. However, it is your responsibility as a host to make sure this is done properly and that all required taxes are paid.

In addition to these taxes, you may be required to pay income tax on the rental income you earn. Whether you need to report your rental income depends on various factors, such as the amount of time you rent out your property and the total amount of rental income you earn during the year. It is advisable to consult with a tax professional to ensure you are complying with all tax obligations.

Insurance Considerations for Short-Term Rentals

Offering a short-term rental property comes with certain risks, and it is important to have the proper insurance coverage in place. Standard homeowners’ insurance policies may not cover damages or liability claims that arise from short-term rentals. For instance, if a guest is injured while staying at your property, your regular insurance policy might not provide coverage for medical bills or legal fees. Additionally, damage caused by guests may not be covered under your existing policy.

To protect yourself, you may need to purchase additional insurance specifically for short-term rentals. Some companies offer policies that are designed for this purpose and provide coverage for both property damage and liability. Additionally, many short-term rental platforms, such as Airbnb, offer host protection programs that provide a certain level of coverage. However, these programs may not cover all types of claims, so it is important to review the terms carefully and consider purchasing your own insurance policy for added protection.

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Licensing and Registration Requirements

Depending on where your property is located, you may be required to obtain a license or register your short-term rental with local authorities. In New York City, for example, hosts are required to register their short-term rental with the city’s Office of Special Enforcement. Failure to do so can result in fines and penalties.

Other cities in New York, such as Buffalo and Rochester, may also have registration or licensing requirements for short-term rentals. These rules are typically designed to ensure that short-term rental properties meet safety and health standards and do not negatively impact the surrounding community. Be sure to research the specific requirements in your area and complete any necessary registration or licensing procedures before offering your property for rent.

Tenant Rights and Short-Term Rentals

If you are a tenant and want to rent out your apartment on a short-term basis, you need to be aware of your rights and obligations. Most rental agreements prohibit subletting or renting out the property without the landlord’s permission. Even if your lease does not explicitly prohibit subletting, it is important to obtain written approval from your landlord before offering your apartment for short-term rental.

In some cases, landlords may take legal action against tenants who violate the terms of their lease by offering short-term rentals. This can result in eviction or legal disputes, so it is crucial to review your lease agreement carefully and follow all applicable rules.

Additionally, if you are renting out your apartment while continuing to live there, you may be subject to rent stabilization laws. In New York City, rent-stabilized tenants are prohibited from charging guests more than the legal rent for their apartment. Violating this rule can result in legal consequences, including fines and the potential loss of rent-stabilized status.

Short-Term Rental Platforms and Compliance

Many short-term rental platforms have implemented measures to help hosts comply with local laws and regulations. For example, Airbnb has a system in place that prevents hosts from listing properties in areas where short-term rentals are prohibited. Additionally, these platforms often provide resources and guidelines to help hosts understand their legal obligations.

While these tools can be helpful, it is ultimately the host’s responsibility to ensure compliance with all applicable laws. This means staying informed about any changes in state or local regulations, as well as ensuring that your property meets all safety and zoning requirements.

Navigating the legal landscape of short-term rentals in New York can be complicated, with numerous laws, taxes, and regulations to consider. Whether you are a property owner or a tenant, it is crucial to understand your rights and obligations before offering a property for short-term rental. From complying with state and local laws to understanding tax requirements and insurance considerations, there are many factors that can impact your ability to rent out your property legally and safely.

If you are considering offering a short-term rental in New York or need assistance navigating the complex legal requirements, the experienced attorneys at Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. can help. Our team is here to guide you through the process and ensure that your rental complies with all applicable laws. Contact us today to learn more about how we can assist you with your short-term rental needs and protect your interests.

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