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Is renting an apartment on AirBnb legal in New York?

View of the buildings of New York.
View of the buildings of New York.

Before, to rent an apartment in New York, you just had to choose from the flood of ads and it was done. But that was before ! In 2010, as a number of apartments were gradually being converted into illegal hotels, New York State decided to put the brakes on and review the rules.

1 / What is prohibited by law

  • Since 2010, the law has been clear: renting an apartment for less than 30 days is illegal in buildings with 3 or more apartments if the owner is not present during the entire stay. Suffice to say that this represents a good part of the ads offered by AirBnb in New York!
  • If you find an ad that offers you an apartment all to yourself in a modern building, the ad is simply illegal.
  • Note that the law was also strengthened in June 2016: the New York Senate decided to directly attack ads on Airbnb by punishing with a fine of $ 1000 owners who place an ad that does not respect the law. In the event of a double offense, the fine can go up to $ 7,500. The law has not yet been signed by the Governor of New York, but it clearly marks New York State’s desire to end illegal rentals. A big cleanup should be done.

2 / What are the risks?

  • If you rent an apartment for less than 30 days in a building with more than 3 apartments, there is no need to squirm: the owner is illegal and so are you. The rules are clearly laid down.
  • The risk is that the owner will finally be unmasked by New York City and, under pressure, have to cancel your stay (see if he will reimburse you for your deposit…). If this happens to you a few days before your departure, it could cost you dearly to find a replacement hotel, especially in high season! And if in addition the owner plays dead and says nothing to you, you risk disembarking in New York and finding yourself on the street …
  • You should also know that denunciations are operating at full speed in New York, some co-owners no longer supporting the nuisance of tenants who have come to New York for the week, in particular the noise and the traffic of suitcases. Little by little, the law of 2010, reinforced in 2016, will eventually apply completely. By following the testimonials about our group Facebook Destination New York, we have also seen a rise in cancellations since early 2019. Many owners no longer want to take risks with tourists.

3 / Is it still possible to rent an apartment in New York?

Even though the law is now very strict, it is possible to rent an apartment in New York provided you meet one of these 3 conditions provided for by law:

  • Or rent an apartment for more than 30 days. A solution that will not however help you much if you cannot spend so much time in New York …
  • Or rent an apartment in a building with less than 3 apartments. This is still quite rare in Manhattan, but you may find some offers in Brooklyn.
  • Or rent a room with the locals. This means that you will have to share the apartment with the owner during your stay. This is not necessarily ideal, but it can also be an opportunity to meet New Yorkers.

If none of these conditions satisfy you and you want to have your apartment all to yourself, especially to be able to cook and save on restaurants, there is a solution: aparthotels or hotels that offer rooms with a kitchenette. This is becoming more and more prevalent in New York City, due to the high demand for apartments.

4 / Aparthotels: an excellent solution!

To live New York style, while shopping and cooking, opt for an apartment hotel! Here are 4 addresses that I recommend and which offer a kitchenette in the room:

  • Marmara Manhattan, 3 stars: located on the Upper East Side, this address is clearly positioned as an aparthotel. The 109 rooms and suites all have an equipped kitchen.
  • Hotel Beacon NYC, 3 stars: on the Upper West Side, this hotel has 260 rooms with kitchenette. As a bonus, pretty views of the Hudson and Central Park from the high floors!
  • Condor Hotel, 3 stars: set sail for Brooklyn with this small hotel of only 35 rooms. A peaceful and tranquil atmosphere! And all rooms have their own kitchenettes with refrigerators, microwaves, sinks, and coffeemakers.
  • Kimberly Hotel, 4 stars: for those who want a 4 star, I recommend this hotel ideally located in Midtown, close to Grand Central Terminal and Times Square. If you want a kitchenette, be sure to book a suite.

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I founded the © New York blog in 1999. Objective: to help you prepare as well as possible for your trip to New York! Do not hesitate to contact me by e-mail at [email protected]. NEW: discover my 256-page guide to New York published in May 2019: Destination New York.—

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