Airbnb Sublets in New York: Short-Term Rental Laws Explained

As short-term rental platforms like Airbnb grow in popularity, many New York renters wonder if they can legally sublet their apartment for a weekend or a few weeks. However, strict local and state rules make these arrangements risky. It’s crucial to know what is allowed under New York law to avoid fines, eviction, or lease violations.

Understanding Short-Term Rental Laws in New York

New York State and New York City have some of the country’s toughest restrictions on short-term rentals, especially in large, multi-unit buildings. These regulations aim to protect residential housing and tenant safety.

What Counts as a Short-Term Rental?

• Short-term rental usually refers to renting out all or part of your home for less than 30 consecutive days.
• Platforms like Airbnb, VRBO, and others typically facilitate these short stays.

Under New York Multiple Dwelling Law (MDL), it is generally illegal to rent an entire apartment (in most buildings with three or more units) for under 30 days unless a "permanent occupant" is present during the stay^[1].

NYC Short-Term Rental Registration Requirements

• Since September 2023, New York City requires hosts to register most short-term rentals with the Office of Special Enforcement (OSE).
• Platforms like Airbnb cannot list unregistered rentals.

For more on NYC requirements, see the Short-Term Rental Registration page.

What If You Want to Sublet or List on Airbnb?

• If you rent in a building with three or more units, you cannot legally rent your entire unit for less than 30 days—even with your landlord’s permission—unless you are there with the guest ^[1].
• Most lease agreements in New York also include clauses against unauthorized subletting or short-term rental.
• Violating these rules can lead to eviction, fines (some up to $1,000 per day in NYC), or lawsuits.

When and How Can Renters Sublet Legally?

• Standard sublets (for longer than 30 days) are allowed with the landlord’s written consent, unless your lease forbids subletting completely.
• To sublet, you need to follow the official procedure under the New York Real Property Law § 226-b.^[2]

Required Forms and Steps for Subletting

• Notice to Landlord to Request Permission to Sublet (No Official State Form)
  
  • Send your landlord a written request by certified mail, including details such as the proposed subtenant’s name, your reason for subletting, and the duration.
  • Your landlord can ask for additional information but must give a response within 30 days.
  • Template letters are available on the NY State Homes and Community Renewal Subletting Guide.

Consequences for Illegal Short-Term Rentals

If a renter illegally lists their apartment on Airbnb or similar platforms:

• The landlord may start an eviction case in Housing Court (NYC Housing Court).
• The Office of Special Enforcement can issue substantial fines against the renter and owner.
• The lease may be terminated for breach of contract.

If You Receive a Warning or Legal Notice

• Read the notice carefully to understand the allegations or possible lease violations.
• Respond in writing if required, and seek legal help if you face eviction.
• Housing Court forms and legal resources are available at the NYC Housing Court Forms page.

Frequently Asked Questions about New York Airbnb Sublets

1. Can I rent my apartment on Airbnb for a few days if I’m away?
   Usually not if you live in a building with three or more units—New York law generally does not allow rentals under 30 days unless you’re present with your guest.
2. Is there an official form for subletting in New York?
   No official state form, but you must provide your landlord with a written request containing all details required by law.
3. What happens if my landlord finds out I listed my place on Airbnb?
   Your landlord may take steps to evict you, and city agencies can fine you heavily for illegal rentals.
4. How do I know if my building is covered by these short-term rental laws?
   Most residential buildings with three or more separate units are subject to New York’s Multiple Dwelling Law, which restricts short-term rentals.
5. Where can I go if I need help dealing with a notice or possible eviction?
   NYC renters can turn to Legal Aid, city tenant hotlines, or Housing Court help centers for advice and support.

Key Takeaways for New York Renters

• Most Airbnb and short-term rentals are heavily restricted or illegal in New York City and across the state for apartments in multi-unit buildings.
• Always request landlord consent in writing before any sublet or rental arrangement, and keep documentation.
• Violating short-term rental laws can threaten your tenancy—know your rights and responsibilities.

Understanding these laws helps protect renters from legal trouble and costly mistakes.

Need Help? Resources for Renters

• NYC Housing Court — Tribunal for residential tenancy disputes
• NY State Homes and Community Renewal Subletting Guide
• NYC Office of Special Enforcement (OSE) - Short-Term Rentals
• Legal Services for Tenants - NYC Human Resources Administration

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1. New York Multiple Dwelling Law, Article 1, Section 4, available at New York State Senate Official Law Page
2. New York Real Property Law § 226-b (regulating subletting), see full text here

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