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New short-term rental rules might make booking Airbnb in NYC difficult

Critics of a New York City law say it acts as a "de facto ban" on short-term rentals. Leaders say the rules are needed amid a housing shortage.
New short-term rental rules might make booking Airbnb in NYC difficult
Posted at 6:38 AM, Sep 05, 2023

Despite legal opposition from Airbnb, New York City is beginning enforcement Tuesday of new rules on short-term rentals. The new rules require all hosts to be registered with the city.

Airbnb has fought for years to stop the enforcement of such a rule. Critics of the law say it is essentially serving as a "de facto ban" on short-term rentals within the city. New York City officials say the rule is important to address a housing shortage. 

The city implemented a law in 2021 intended to return apartments used as short-term rentals back into permanent housing. Last year, New York City took one property owner to court, saying the defendant "used a number of LLCs they control to run a complex and illegal short-term rental operation."

"Safe, stable, and affordable housing is fundamental to a prosperous city, so we will not allow bad actors to deplete our housing stock and undermine our hospitality sector," said New York City Mayor Eric Adams.

The new rules stipulate that hosts cannot rent out an entire unit for fewer than 30 days, even if the host owns or lives in the building. The city said the rule applies to all permanent residential buildings regardless of the number of units. 

SEE MORE: Hotel, Airbnb or Vrbo: Which vacation option is best?

The city added that short-term rentals are only permitted if the host is staying in the same unit or apartment as the guests, and there are no more than two guests staying with the host.

In June, Airbnb and hosts filed a lawsuit to fight the implementation of the law. Last month, a judge ruled the city acted within its authority. 

"We have a record of working with governments around the world to put in place fair rules that protect home sharing and take into account the unique goals of each community, and litigation is never our preferred course of action," Theo Yedinsky, Airbnb global policy director, said.

According to a search of Airbnb properties, there are some listings still up within New York City for some upcoming days.

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