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What You Need to Know About the Airbnb Regulations NYC 2022

On the Monday afternoon of December 5, 2022, the New York City officials held a public debate with multiple property owners over the proposed New York City short-term rental law. The Airbnb regulations NYC is expected to shut down more than 10,000 Airbnb listings in the city while also making it difficult for hosts to list their apartments on short-term rental platforms.

According to an official post in the NYC Office of Special Enforcement, all short-term rental hosts will be required to register with the Mayor’s Office of Special Enforcement (OSE). The booking platforms such as Airbnb, VRBO, Booking.com, and more are also prohibited by the government officials to allow transactions from unregistered short-term rentals. The regulations include the following Airbnb NYC rules: 

  • All short-term rentals must be registered in the Office of Special Enforcement
  • Hosts are required to list the full legal name of all permanent occupants of the dwelling along with their relationship with the host.
  • Hosts should provide their lease if they are renting to certify that they understand the zoning requirements.
  • A registered host is not allowed to give rentee an exclusive access to a dwelling.
  • A short-term rental can only be rented if the host is within the same property.  

These are only among the many rules enforced by OSE. For more information, you can visit their website at nyc.gov. The implementation of this new law will begin on January 9, 2023.   

Hosts who fail to comply with the requirements will face penalties enforced by the law and would have to pay a $5,000 fine for their transgression. As for the booking service, they would be fined $1,500 per violation

Mayor Eric Adams’ Office of Special Enforcement informs concerned parties that the legislation is created to strengthen the enforcement of existing laws and apply stricter measures. The former law being the one passed under former Mayor Bill de Blasio wherein it is stated that renting out an apartment or other dwelling unit is illegal without the presence of the host.

As the enforcing body, OSE is in charge of regulating the home-sharing industry in New York City and they would be responsible for vetting the registration process as well as enforcing the rules. Along with this, OSE is also responsible for alerting the landlords and building owners on how they can apply to prohibit short-term rentals on their property.  

airbnb regulations nyc

airbnb regulations nyc
Photo taken from Bebeto Matthews/Associated Press

Airbnb and hosts reaction to New York City Short-Term Rental Law 

As expected, the short-term rental hosts and Airbnb itself didn’t take the new regulation well. When OSE opened its site to hear the public’s opinion on the matter, hundreds of hosts around the city submitted their comments in hopes of being heard. 

One Queen-based Airbnb host named Aimee Thrasher argued that the social security and pension hardly cover her cost of living in New York and without her income from her Airbnb, she wouldn’t be able to pay for the mortgage and she would likely lose her home. Similar cases had been put forward by other hosts as well. Airbnb is also forced to comment on the matter. 

According to the New York Post, Airbnb already reviewed the regulations and described the law as “draconian” for its harsh and severe nature. Airbnb’s spokesperson even said: 

“The bill passed by the DeBlasio administration, as interpreted by the Office of Special Enforcement, will create a draconian and unworkable registration system that will prevent lawful and responsible hosts from listing their homes at a time when New York families are navigating the rising cost of living.” 

In the words of Airbnb’s spokesperson, they will continue to engage in conversation with Adams’ administration to enforce a regulatory framework that will target illegal hotel operators and support responsible short-term rental hosts. 

While Airbnb and its hosts are in turmoil, hotels across the city are giving their full support to the city council in reinforcing the Airbnb laws in NYC. 

According to Vijay Dandapani, the President of the Hotel Association of New York City, “We are fully supportive of the City’s Local Law 18 which will require registration of short-term rentals,”

Numerous hotels and unions that represent the hotel workers have long been advocating for a stricter rule on short-term rental properties since having Airbnb around cuts into their market share. Furthermore, hotel associations reason that Airbnbs doesn’t hold the same safety standards as hotels.

Bottomline 

The Office of Special Enforcement will review all of the submitted feedback by the concerned hosts before implementing the final law on January 9, 2023.  

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