Renting out your New York City apartment to visitors via short-term rental sites like Airbnb has become more difficult in the last year. Not only did the pandemic end the city’s steady stream of visitors but a court ruling means owners of one- or two-family houses are restricted from doing short-term rentals if they are not in the building at the same time.
This may sound similar to previous restrictions, but until recently there was ambiguity about whether the rules applied to New Yorkers who live in or own smaller buildings. Prior to the ruling, it was understood it was illegal for anyone in a building with more than three units to rent out their place for less than 30 days, unless the owner or leaseholder was present during the stay.
Fines for violating these rules can be massive and now the rule extends to owners of one- and two-family homes.
Responding to a question on the Brick Underground podcast about whether the owner of a single-family home in Queens might be able to start using the property for Airbnb rentals without living in the property, Steven Kirkpatrick, a real estate attorney with Romer Debbas, says the simple answer is no.
“Recently there was an ambiguity regarding whether owners of one- or two-family houses could do short-term rentals while not residing in the apartment or house being rented. That ambiguity has now been resolved by an appellate court in New York and the appellate court held that the rules are applicable to one- and two-family houses,” he says.
A short-term rental is defined as under 30 days. So if you're renting for 30 days or more, then you are within the law and would be able to rent out the place while not being present. “If you're renting for 29 days or less, and the owner is not present, then it's against the law,” Kirkpatrick says.
He points out the penalties for breaking the law are are "brutal." Fines, even for a first time violation, can be anywhere from $10,000 up to potentially $100,000, he says.
7 comments:
I think the understanding is to turn the space over to immigrant families fresh off the boat - the Dems know they have a small window before the country gets wise to them so they need to pack 'em in as quickly as possible.
Cutting out alternatives like AirBNB is one option.
Wouldn't it be simpler to just refer us to the "Law" itself and how to pull it up online. Getting legal advice from someone we don't know is almost useless!
AirBNB is terrible !
Cutting out alternatives like AirBNB is one option.
Over my dead body will the city force me to take vouchers and select my tenants.
They will destroy the apartment and when the city goes bankrupt you wont see the rent and be stuck paying for them.
As long as you live under the same roof you are renting or having AirBNB guests you can discriminate. I don't want long term tenants because they establish residency they will usually stop paying rent. It then takes years to get them out.
AirBNB guests pay up front and LEAVE!!
I rent to working class couples from Poland here on vacation to visit relatives in Ridgewood. They are clean, respective and then go home.
I restrict it too June/July and December/Jan 7th only.
These people sleep over the relatives place half the time, the neighbors don't complain because.
1: I help them with their homes.
2: They don't want the city's garbage here also and do the same thing.
God forbid a long term rental, Sec 8s or illegals with more rights them me in my own home.--NEVER under my roof.
-Gee
QUOTE: "turn the space over to immigrant families fresh off the boat"
You are correct sir, the socialist liberals want to make them YOUR problem and share what you worked lifetimes, 3 generation to achieve with them.
1000s of Illegal teen border jumpers already being shipped to convention centers in large citys for quarantine, processing and release.
---Its turning out half the adult and teen females are already pregnant lifetimes of taxpayer welfare. They all look like overweight diabetics that will cost Medicaid a fortune. Who'w the hell can a teenage kid be 5'2 and weigh over 200 lbs if they come from starved poverty? And from what I seen in Queens the males are all fat illiterate alcoholics?
Cut and past link below.
https://fox5sandiego.com/news/local-news/officials-share-update-from-newly-opened-migrant-shelter/
In NYC if a person is in a apartment for 30 days whether they are paying rent or a guest of yours they are considered a tenant. If you want to get them out you have to go to housing court and start the eviction process which takes over a year to complete these days. They get to live rent free while you get to pay for a lawyer to get them out.
And by the way the deadbeats get a lawyer free thanks to the city. So I suggest anyone going to housing court get a lawyer also but yours is not free.
GOOD!!!!
Hucksters defied!!!!
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