Quick Question Regarding Short-Term Rentals in One or Two Family NYC Homes

[Aron1902]

I am a homeowner here in Brooklyn of a legal two-family townhouse. My understanding is that the laws in NYC make it illegal for Air B&B hosts who reside in Class A multiple dwellings -- buildings designed for three or more families -- to list their apartment for rentals of less than 30 days. Does anyone know if this also pertains to owners like myself, who have stand-alone single or two-family residences? Thanks in advance for any insight here. 

[Aron1902]

I don't know what the fines will be until our hearing date, which is set for mid-March. My understanding is that you can switch your listing to 30 days or more and your data will no longer be shared with the city by Airbnb, but I'd confirm it with Airbnb just to be sure. I had to upload photos of our violations to Airbnb in order for them to cancel all the existing reservations without penalty to us or the guests. Everyone was refunded 100% of their money back and we didn't lose our Superhost status, not that it really matters anymore. You might be able to tell Airbnb that you're worried that you might receive a similar violation and perhaps they will do likewise for your existing reservations before you receive a violation. 

The city is apparently working on a license that, once obtained by a homeowner, will allow for some sort of approved short term rentals, but there is zero information about it online and no one from the city can tell us

anything of use. It's a mess, frankly. The fact that they haven't set up a system yet to regulate short term rentals in the city, while at the same time going around and fining homeowners who have no idea what is legal or not legal is insane, but that's the city for you. 

The only way to bring about any sort of change is for all of us hosts in NYC to band together and petition on local lawmakers to change the laws. The hotel lobby is a powerful lobby which is what got the city to start harassing Airbnb hosts in the first place. We'd have to do likewise if we want anything to change. If anyone knows of any such group please let us know. It's crazy that  homeowners in this city can't rent our their own homes how they see fit. Crazy. 

[Rachel1037]

You hit the nail on the head- it's unfair to go around fining people without stating the rules clearly, or providing a way to get these licenses they are working on. 

I don't know of any group petitioning local lawmakers, but I do know there are couple of Facebook groups for AirBNB hosts where I've heard some similar stories of people getting these surprise inspections lately.

[Rachel1037]

Leave comments here before the Dec 5 hearing. 

**[Link removed due to safety reasons - Community Center Guidelines

[Lynn1613]

There is a slack group that has developed from this craziness for smaller home units to unit against the new regulations and rules.

**[Link removed due to safety reasons - Community Center Guidelines

[Gary1306]

hi, link was removed!  how to google the slack group plz?

[Fred3104]

It’s the hotel industry lobbyists that are behind this. 

[Fred3104]

It is my understanding as a landlord, not an AirBnB host that no one under any circumstances is allowed to sleep overnight in the basement even if the basement is shared as a duplex with the first floor unless it is specified in the Certificate of Occupancy as included with the dwelling. Otherwise it may only be used as a space for storage, office space or recreational room. This is why full bathrooms and kitchens are not allowed in basements. You can only have a sink and toilet or sink and shower but not all three and you can only have a countertop with sink and refrigerator but not a stove. You can file a request with the city to legalize the basement as a dwelling but it must meet certain criteria for which include but are not limited to being of certain ceiling height with enough above ground clearance to fit a full size window to the backyard and/or street, two ways of egress and a hallway or lower (cellar) floor that serves to separate the living space from the boiler room which in an of itself must have proper ventilation to the street, have fire proof rated door and double drywall thickness all around and above. Basically to summarize, no you cannot Airbnb the basement space because although it is part of the first floor apartment duplex, it is illegal to sleep in the basement overnight. There may be other requirements I did not mention that must meet hotel standards as well which may include having hardwired fire(heat)/smoke/carbon monoxide detectors, sprinkler systems, handicap accessibility, proper periodic fire/sprinkler inspection documentation having a license to operate and collecting hotel fees for NYC. So, unless you want to run a hotel, it’s not worth it. And don’t lease it either. You’ll get hit with a violation for having an illegal dwelling. Remember no one can sleep in the basement unless it is specified in the Certificate of Occupancy as dwelling space. 

[Gary1306]

i think its illegal to even list ur unit

[Silvia247]

Thank you for sharing! 

[Jing153]

Does anyone know where to apply for the short term rental license in New York City? I contacted Airbnb helpline and they only said to go to local authority. I couldn't find any online info to apply for it. So I'm asking this community for help.

[Aron1902]

No one knows. It’s a mess. I don’t think the city wants you to know. I found this, but that’s about it: 

https://legistar.council.nyc.gov/LegislationDetail.aspx?ID=4950986&GUID=584F2A6A-6793-480E-A315-F0C8...

[Silvia247]

Same here.

what’s going to happen next?

registration 

and then what? 
do we have to cancel all our reservations? 

[Mark3738]

Hi - We live in a 2 family and rent our downstairs unit in Bed Stuy. I used to be in the media and have talked to several reporters (TV and print) who have asked for other families like us who will be dramatically impacted from this new law. 

The law has already been passed so it will be hard to overturn it from a legislative perspective but there is a chance to sway public momentum. A lot of jobs will be lost (our cleaning company said she will have to lay off people), and we've hired handymen, ac and  heating companies, and have a weekly neighbor we pay to help with our trash. 

If you would be interested in sharing your story with the media, and talking to them, please reach out to me @alwaysfreshpr on Instagram, or if you can, message me on here. I'm gathering names now. 

[Silvia247]

Hello Mark,

I feel I am in limbo with regards to the new regulations.  I own a two family home in Astoria. I live upstairs and rent my first floor apartment through Airbnb. I don’t exactly understand the next steps beyond the “famous” registration the city is talking about. All I know is that I  depend on this supplemental income to pay my mortgage and maintain my home in good conditions.  Why is it that we need to justify how we  earn extra income by renting our homes for short stays? Why is it so wrong to protect our investments? I feel this persecution on the part of politicians such as Ben Kallos is going to hurt many of us. For me it will be devastating since I am a retired teacher and depend deeply on these rentals. 

[Pablo159]

It's clear that it is illegal.

Here's an idea... 

What if you list for 30 days but in the description you are open for fewer days. Yes, the search for the property would be limited for only folks that are searching for flexible dates. 

Another idea... 

what if you look for other platforms, such as craigslist, just like we used to do it 20 years ago?