By Adam Frisch, Managing Principal, Lee & Associates Residential NYC
A common misconception in New York City is that most Airbnb rentals available here are perfectly legal. In reality, the majority of these arrangements are typically illegal under the New York State Multiple Dwelling Law. According to the MDL, it is illegal to rent apartments nightly, for a period of less than 30 days, in a building of three or more units. Even if one owns the condo or co-op that is being rented out, it’s still not a legal practice. For owners of condos in particular, they are able to rent their units but the rental period must be at least 30 days and the owner has to obtain condo board approval. When it comes to one- or two-family private homes, the zoning of a residential house would have to be changed to that of a rooming house in order to be legal as an Airbnb. There may also be building codes for this kind of zoning with which one would have to comply.