This guide is general information, not legal or tax advice. Rules change, so confirm current requirements with the relevant agency or your attorney.
Yes, a stay of 30 consecutive days or more is outside New York City's short-term rental rules, according to the Mayor's Office of Special Enforcement (OSE), and it does not need Local Law 18 registration. Renting a whole apartment or house for fewer than 30 days is not allowed in Brooklyn homes, whether the owner lives in the building or not. Stays under 30 days are legal only if the host is registered, lives in the same unit with the guests and has no more than two guests. Your lease, building rules and insurance can still limit a 30-day rental.
Where is the 30-day line?
According to OSE, hosts may not rent out an entire apartment or home for fewer than 30 days. The rule applies to building owners and tenants alike, and it does not matter whether the host lives in the building or how many apartments it has. Local Law 18 defines a short-term rental as one for fewer than 30 consecutive days in a private dwelling or a Class A apartment, the class the state Multiple Dwelling Law uses for permanent residences (OSE FAQ).
What does Local Law 18 require?
New York City adopted Local Law 18 on January 9, 2022. It requires short-term rental hosts to register with OSE, and it bars booking platforms such as Airbnb and VRBO from processing bookings for unregistered short-term rentals (OSE). Registration is limited to a person who lives in the unit as its permanent occupant, and it is not available for rent-regulated or NYCHA apartments or for buildings on OSE's Prohibited Buildings List (OSE).
Even with registration, a stay under 30 days is legal only if the host lives in the same unit, guests have access to the whole unit, and there are no more than two guests (children under 4 are not counted), according to OSE.
Can I rent part of my one- or two-family home for under 30 days?
Only as a registered host sharing your own space. According to the OSE FAQ, the New York City Building Code limits one- and two-family homes to long-term residence of more than a month at a time. A registered host may share space with up to two paying guests in a one-family home they live in, or in the unit they live in within a two-family home. The other apartment in a two-family house cannot be rented as a whole for under 30 days.
What changes at 30 days or more?
OSE says rentals of 30 consecutive days or more are exempt from Local Law 18 registration (OSE). That makes furnished stays of a month or more a common option for Brooklyn owners. These are ordinary tenancies, so the usual rules still apply: a written lease, HPD registration where the building needs it, heat and hot water, and the lead paint and window guard notices where they apply. Windsor Fine Properties manages short- and mid-term rentals with a 30-night minimum.
Does Good Cause Eviction apply to a 30-day or furnished rental?
It can. HPD's list of exemptions does not include a general exemption for furnished or mid-term rentals. It does exempt owner-occupied buildings with 10 or fewer apartments, owners with 10 or fewer units in New York State, homes that qualify as seasonal use, and hotel rooms, among others (HPD). If none of those fits, a tenant on a 30-day or longer lease may be covered. Read our Good Cause Eviction guide for Brooklyn brownstone owners, and ask your attorney about a specific apartment.
Frequently asked questions
Do I need to register a 30-day rental with the city?
No. According to OSE, rentals of 30 consecutive days or more are exempt from Local Law 18 registration.
Can I rent my whole Brooklyn apartment on Airbnb for a weekend?
No. OSE says hosts may not rent out an entire apartment or home for fewer than 30 days, whether or not they live in the building.
Can I rent a room in my apartment for less than 30 days?
Only if you register with OSE, live in the unit with the guests, give them access to the whole unit and host no more than two guests. Rent-regulated apartments cannot be registered.
Does Good Cause Eviction cover a furnished 30-day tenant?
It can, unless an exemption applies, such as an owner-occupied building with 10 or fewer apartments or an owner with 10 or fewer units statewide. Ask your attorney about a specific apartment.
