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Occupancy restriction

Restrictions on the number of guests allowed

Length of Stay
30 days or less
Registration & Licensing Fees
A recurring fee of $145
Licenses or Permits Required
Yes, owners need a License.
Property Inspection
Yes, inspections are required and its recurring
Guest Record
Yes (7 years)
Zoning

In the City of New York, short-term rentals in entire units are only permitted in "Class B" multiple dwellings, which have been approved by the City of New York for legal short-term occupancies.

The use of a property for Short Term Transient Rental shall be strictly considered an accessory use to residential use single family and two-family dwelling units and allowable only upon receipt of a short-term transient rental permit in the AR-3, AB-3, R-1, R-2, R-5, H, and B zoning districts.

Hosts in certain buildings are prohibited from registration if the buildings' owners have opted to put their buildings on a prohibited building list.

Occupancy taxes and fees

A combined sales tax, hotel room occupancy tax, and State and Local Occupancy Tax of 14.75%.

Insurance requirement

Yes ($2,000 to $3,000 depending on the kind of property)

Does any Building, Health & Safety Regulation affects STR?

Yes, there are regulations for STR

Parking Requirement

Adequate parking must be provided for guests

Advertising Requirement

Yes, license number is required for advertisement

Noise regulation

Yes, (10pm - 7am)

Neighbor Notification

Hosts are not required to notify neighbors

Limitation on number of STR owned

Yes, (you can only have 1 in a particular street.)

Regulations on hosting events or parties in STR

Yes, there are regulations on hosting events or parties

Regulations on hosting events or parties in STR

Yes, there are regulations on hosting events or parties

Hosting events regulations
Restrictions on number of reservations

Yes, (2 number of guest at a time)

Waste disposal regulations

Yes, there are specific waste disposal regulations

Accessibility Requirement

Yes, there are accessibility requirements

waste disposal regulations
Waste disposal regulations

Yes, there are specific waste disposal regulations

Emergency Contact Information

Yes, it is required

What is short term rental?

The term “short-term rental” means a rental for fewer than 30 consecutive days of a dwelling unit within a private dwelling or class

Are there STR regulations that affect property owners?

Yes, there are many regulations that affect property owners who wish to operate a short-term rental in New York City.

Is there any short-term rental-related tax?

Yes, there are taxes that apply to short-term rentals in New York City.

Is it only individuals that are permitted to operate short-term rental?

Yes, they are

What are the procedures and requirement for the neighborhood approval?

There are no specific procedures or requirements for obtaining neighborhood approval to operate a short-term rental (STR) in New York City. However, it is important to be respectful and considerate of your neighbors when operating an STR and to ensure that you are in compliance with all relevant laws and regulations.

Do I need a neighborhood approval?

Short-term rental (STR) hosts are not required to obtain neighborhood approval in New York City

Building, Health & Safety Regulation
Which of these taxes does Airbnb or other booking company collect?
What zoning laws affect Short Term Rentals?

In the City of New York, short-term rentals in entire units are only permitted in "Class B" multiple dwellings, which have been approved by the City of New York for legal short-term occupancies.

The use of a property for Short Term Transient Rental shall be strictly considered an accessory use to residential use single family and two-family dwelling units and allowable only upon receipt of a short-term transient rental permit in the AR-3, AB-3, R-1, R-2, R-5, H, and B zoning districts.

Hosts in certain buildings are prohibited from registration if the buildings' owners have opted to put their buildings on a prohibited building list.

Is there any guest record requirement?

Yes, there are taxes that apply to short-term rentals in New York City.

Do i require any license(s) for STR?

Yes, you require a Short-term Rental Registration Certificate

Which tax(es) am i obligated to collect and remit?

In New York City, short-term rental hosts are required to collect and remit several different taxes, including:

1. Sales Tax: Hosts must collect sales tax on the rental amount they charge their guests. The current sales tax rate in New York City is 8.875%.

2. Hotel Room Occupancy Tax: Hosts must also collect and remit the hotel room occupancy tax, which is a tax on hotel stays. The current hotel room occupancy tax rate in New York City is 5.875%.

3. State and Local Occupancy Taxes: In addition to the hotel room occupancy tax, hosts must also collect and remit state and local occupancy taxes. These taxes vary depending on the location of the short-term rental property.

The hotel room occupancy tax and the sales tax are due on a quarterly basis, with due dates on the 20th of the month following the end of each calendar quarter (April 20th, July 20th, October 20th, and January 20th). The due dates for state and local occupancy taxes can vary depending on the location of your short-term rental property.

Sales Taxes should be remitted to the New York State Department of Taxation and Finance https://www.tax.ny.gov/

Hosts should remit hotel room occupancy tax to the New York City Department of Finance https://www.nyc.gov/site/finance/index.page

Which tax(es) am i obligated to collect and remit?

In New York City, short-term rental hosts are required to collect and remit several different taxes, including:

1. Sales Tax: Hosts must collect sales tax on the rental amount they charge their guests. The current sales tax rate in New York City is 8.875%.

2. Hotel Room Occupancy Tax: Hosts must also collect and remit the hotel room occupancy tax, which is a tax on hotel stays. The current hotel room occupancy tax rate in New York City is 5.875%.

3. State and Local Occupancy Taxes: In addition to the hotel room occupancy tax, hosts must also collect and remit state and local occupancy taxes. These taxes vary depending on the location of the short-term rental property.

The hotel room occupancy tax and the sales tax are due on a quarterly basis, with due dates on the 20th of the month following the end of each calendar quarter (April 20th, July 20th, October 20th, and January 20th). The due dates for state and local occupancy taxes can vary depending on the location of your short-term rental property.

Sales Taxes should be remitted to the New York State Department of Taxation and Finance https://www.tax.ny.gov/

Hosts should remit hotel room occupancy tax to the New York City Department of Finance https://www.nyc.gov/site/finance/index.page

Tax
What ZIP Codes have been prohibited for STR use?

There are no prohibited zip codes but there are zoning laws

What types of properties are eligible for short-term rentals?

dwelling unit within a private dwelling or class A multiple dwelling, or in the case of a mixed-use building

Does occupancy limit affect STR?

Yes, the occupancy limit can affect short-term rentals in New York City.

What STR regulations affect me as an Owner?

1. Registration and Licensing: In New York City, all short-term rental hosts are required to register with the city and obtain a license to operate a short-term rental.

2. Safety and Building Codes: Short-term rental properties must be in compliance with all relevant safety and building codes, including fire and safety regulations.

3. Insurance: Hosts are required to carry liability insurance for their short-term rental property.

4. Taxes: Hosts must collect and remit any applicable taxes, including sales tax and occupancy tax, to the city and state.

5. Zoning and Building Restrictions: Hosts must comply with all relevant zoning and building restrictions in their area, including restrictions on the number of guests or rental days per year.

What are the procedures or requirements for keeping the guest records?

Full legal name; A current phone number; Full physical address where short-term rental will take place, including street number, street name, zip code, borough; An email address or other alternate means of communication acceptable to the administering agency; Type of dwelling unit; The number of unrelated individuals that reside with the registrant in the unit; The uniform resource locator/ listing identifier and the associated booking

service name for all existing listings of the dwelling unit; whether the applicant is a tenant or owner of the dwelling unit; a valid means of identification; proof of permanent occupancy

To obtain a Short-term Rental Registration Certificate, you must meet certain requirements, including having a primary residence in New York City and complying with all relevant laws and regulations, including zoning laws, building codes, and occupancy limits. You must also pay a bi-annual fee of $145 to the city.

Notification
What are the occupancy limits for STR?
  • Studio apartments: The maximum occupancy for a studio apartment is two people.
  • One-bedroom apartments: The maximum occupancy for a one-bedroom apartment is two people.
  • Two-bedroom apartments: The maximum occupancy for a two-bedroom apartment is four people.
  • Three-bedroom apartments: The maximum occupancy for a three-bedroom apartment is six people.
What other STR regulations am i obligated to observe?

1. Zoning regulations: Short-term rentals must comply with zoning laws and regulations, which determine which types of properties are eligible for short-term rental and where they are allowed to operate.

2. Occupancy limits: Short-term rentals must comply with occupancy limits as set forth in the New York City Housing Maintenance Code.

3. Guest registration: Short-term rental hosts are required to maintain a guest register that includes the name and address of each guest who stays at the rental property, as well as the dates of their stay.

4. Safety regulations: Short-term rental hosts must comply with all relevant safety regulations, including fire safety and building codes.

What are the penalties and fines for non compliance?

1. Zoning violations: Violations of zoning regulations can result in fines of up to $2,500 per day.

2. Occupancy violations: Violations of occupancy limits can result in fines of up to $1,000 per day.

3. Guest registration violations: Failure to maintain a guest register can result in fines of up to $1,500 per violation.

4. Tax violations: Failure to register with the New York State Department of Taxation and Finance, collect and remit the appropriate taxes, and maintain records of rental income and related expenses can result in penalties and fines.

5. Home sharing registration violations: Failure to obtain a Home Sharing Registration can result in fines of up to $1,500 per violation.

6. Safety violations: Violations of safety regulations can result in fines and penalties.

Is there any official regulatory body or authority?

Yes, there are several regulatory bodies and authorities that oversee short-term rentals (STR) in New York City.

How can i contact the authority?

1. The New York City Office of Special Enforcement (OSE): OSE is responsible for enforcing STR regulations in New York City, including the Home Sharing Registration requirement.

Mayor's Office of Special Enforcement, 22 Reade Street 4th Floor, New York, NY 10007

646-576-3533

osepress@cityhall.nyc.gov

2. The New York City Department of Buildings (DOB): DOB enforces building and fire codes for short-term rentals.

(212) 566-5000

The Commissioner: https://www1.nyc.gov/assets/home/mail/html/maildob.html

Online Help Form: www.nyc.gov/dobhelp

3. The New York City Department of Finance (DOF): DOF oversees the collection of occupancy taxes and other taxes related to STRs.

Call 311 or 212-NEW-YORK or 212-639-9675 (Out-of-City)

TTY 212-639-9675 (Hearing Impaired)

Mail: NYC Department of Finance, Correspondence Unit, One Centre Street, 22nd Floor, New York, NY 10007

4. The New York State Department of Taxation and Finance: The state department collects and enforces state and local taxes on STRs.

Website: https://www.tax.ny.gov/help/contact/#phonenumbers

5. The New York City Department of Consumer Affairs (DCA): DCA provides information and resources to short-term rental hosts and guests, including guidelines for safe and legal renting.

Dial 311 or 212-NEW-YORK (212-639-9675) from outside New York City

People who are deaf, hard of hearing, or speech-impaired can call 212-NEW-YORK (212-639-9675) using a Video Relay Service (VRS), or 212-504-4115 using TTY or Text Telephone.

In Person: Free Language Interpretation Services are available on-site.

42 Broadway, New York, NY 10004

Which jurisdictions are exempted from the regulations?

There are no jurisdictions in New York City that are exempted from specific short-term rental (STR) regulations. However, some areas may be subject to different zoning laws or regulations that affect the eligibility or operation of STRs.

What are the requirements and fees for the permit (s)?

Full legal name; A current phone number; Full physical address where short-term rental will take place, including street number, street name, zip code, borough; An email address or other alternate means of communication acceptable to the administering agency; Type of dwelling unit; The number of unrelated individuals that reside with the registrant in the unit; The uniform resource locator/ listing identifier and the associated booking

service name for all existing listings of the dwelling unit; whether the applicant is a tenant or owner of the dwelling unit; a valid means of identification; proof of permanent occupancy

To obtain a Short-term Rental Registration Certificate, you must meet certain requirements, including having a primary residence in New York City and complying with all relevant laws and regulations, including zoning laws, building codes, and occupancy limits. You must also pay a bi-annual fee of $145 to the city.

Basic Information
Occupancy restriction

Restrictions on the number of guests allowed

Length of Stay
30 days or less
Registration & Licensing Fees
A recurring fee of $145
Licenses or Permits Required
Yes, owners need a License.
Property Inspection
Yes, inspections are required and its recurring
Guest Record
Yes (7 years)
Zoning

In the City of New York, short-term rentals in entire units are only permitted in "Class B" multiple dwellings, which have been approved by the City of New York for legal short-term occupancies.

The use of a property for Short Term Transient Rental shall be strictly considered an accessory use to residential use single family and two-family dwelling units and allowable only upon receipt of a short-term transient rental permit in the AR-3, AB-3, R-1, R-2, R-5, H, and B zoning districts.

Hosts in certain buildings are prohibited from registration if the buildings' owners have opted to put their buildings on a prohibited building list.

Occupancy taxes and fees

A combined sales tax, hotel room occupancy tax, and State and Local Occupancy Tax of 14.75%.

Insurance requirement

Yes ($2,000 to $3,000 depending on the kind of property)

Does any Building, Health & Safety Regulation affects STR?

Yes, there are regulations for STR

Parking Requirement

Adequate parking must be provided for guests

Advertising Requirement

Yes, license number is required for advertisement

Noise regulation

Yes, (10pm - 7am)

Neighbor Notification

Hosts are not required to notify neighbors

Limitation on number of STR owned

Yes, (you can only have 1 in a particular street.)

Regulations on hosting events or parties in STR

Yes, there are regulations on hosting events or parties

Regulations on hosting events or parties in STR

Yes, there are regulations on hosting events or parties

Hosting events regulations
Restrictions on number of reservations

Yes, (2 number of guest at a time)

Waste disposal regulations

Yes, there are specific waste disposal regulations

Accessibility Requirement

Yes, there are accessibility requirements

waste disposal regulations
Waste disposal regulations

Yes, there are specific waste disposal regulations

Emergency Contact Information

Yes, it is required

Provide your rental address, and we'll send you the regulation details accordingly

Lodge Compliance may contact me about Lodge Compliance products and news. I understand I can change my preferences at any time per Lodge Compliance’s Privacy Policy.

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Disclaimer

Lodge compliance is not a licensed tax or financial advisor. Therefore nothing in the above article should be construed as tax, legal, or financial advice. Contact your local tax office for information regarding your personal circumstance.

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