Short-Term Rentals in New York: Why Local Rules Matter

Updated September 13, 2026

There is no single short-term-rental rule that applies uniformly throughout New York. New York City has a strict registration and occupancy system, while towns and villages on Long Island may regulate short-term rentals through their own zoning, permit, rental-registration, minimum-stay, and occupancy rules. A property that can legally be rented in one municipality may be restricted a few miles away.

New York City’s Short-Term Rental Rules

New York City’s Local Law 18 requires hosts of covered short-term rentals to register with the Mayor’s Office of Special Enforcement. Booking platforms are prohibited from processing transactions for unregistered rentals. A registration does not override other building, zoning, lease, cooperative, condominium, or rent-regulation restrictions.

For most legal stays of fewer than 30 consecutive days in a Class A dwelling, the permanent occupant must remain present and no more than two paying guests may stay at one time. An entire apartment generally cannot be rented to short-term guests while the resident is away. Rentals for 30 consecutive days or more are exempt from the Local Law 18 registration requirement, but they remain subject to other applicable laws and agreements.

Long Island Rules Depend on the Municipality

Nassau and Suffolk County properties are governed by local town or village rules rather than New York City’s registration system. Depending on the location, an owner may need a rental permit, may face a minimum rental period, or may be prohibited from using a property as a transient rental. Rules can also differ inside incorporated villages located within a town.

Owners should check the exact municipality, zoning district, certificate of occupancy, and any rental-registration requirements before advertising. County hotel or occupancy taxes and local collection rules may also apply.

Private Agreements Can Be More Restrictive

A condominium declaration, homeowners association rule, cooperative proprietary lease, mortgage covenant, insurance policy, or ordinary lease may restrict short-term rentals even when local zoning would otherwise allow them. Platform approval does not establish that the rental is legal.

Questions to Resolve Before Listing

Confirm whether the proposed stay is considered transient occupancy, whether the host must remain present, whether a permit or inspection is required, the maximum number of occupants, parking and safety requirements, applicable taxes, and whether the property’s governing documents prohibit the use. Keep written proof of registrations, permits, and approvals.

Rules and Enforcement Change

Short-term-rental regulation continues to evolve. New York City’s enforcement program now includes registration verification, monitoring, warnings, inspections, summonses, and potential registration revocation. Local governments on Long Island can amend their codes as community conditions change. Owners should confirm the current rules before each new rental strategy.

Before buying, selling, or operating property intended for short-term rentals, call Taub & Bogaty, PLLC at (516) 531-2500 or visit https://www.realestatelawny.com/contact