New York Short-Term Rental Rules

What hosts need to know before listing on Airbnb or VRBO in NY

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Overview

New York takes a strict approach to short-term rental regulation — expect real permit requirements and real enforcement, not just rules on paper. New York does not preempt local rules, so a city or county here can pass its own STR ban or restrictions on top of anything the state requires — always check local ordinances, not just state law. There's no statewide STR license requirement, though local permits may still apply. The average occupancy tax here, 14.75%, runs well above the roughly 10% national average. New York City has some of the strictest STR regulations in the country. Hosts must register, be present for the stay, and may rent no more than 2 rooms. Entire-unit rentals for fewer than 30 days are effectively banned for non-present hosts. Local Law 18 (2023) requires registration with the city. Upstate NY is more permissive.

Key Facts

State preempts local STR bansNo
State-wide STR license requiredNo
State tax registration requiredYes
Average occupancy/lodging tax14.75%
HOA can ban STRsYes (check your HOA docs)

Tax Registration

New York requires STR hosts to register with the state tax authority to collect and remit lodging, sales, or accommodations taxes. The average effective occupancy tax rate is 14.75%, though local taxes can increase this significantly.

Airbnb and VRBO collect and remit state-level taxes on your behalf in most states, but you may still need to register for local/city taxes. Always verify with your state's department of revenue.

What "the Platform Collects Tax for You" Actually Means

Airbnb and VRBO automatically collect and remit state and sometimes county-level lodging tax in most markets — but "most" is doing a lot of work in that sentence. City-level occupancy tax, local tourism assessments, and short-term rental registration fees are very often left to the host to file separately, and the platforms will tell you exactly that in their tax settings if you look. Don't assume you're covered just because a line item shows up as "taxes" on the guest's receipt — confirm with your state or city's department of revenue which taxes the platform actually remits on your behalf versus which ones remain your responsibility to register and file.

HOA Warning

In New York, homeowners associations (HOAs) and condo associations legally can ban or restrict short-term rentals. Before listing, review your HOA governing documents (CC&Rs) carefully. Violating HOA rules can result in fines or forced removal of your listing.

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