NYC Airbnb rules

[Gloria120]

We are running an airbnb on the first floor out of our mother-daughter house in NYC. Few days ago two cops saying that they are from the Department of Building of NYC came to our airbnb and said that we need to change our lisitng from 5 people to only 2 people.

My husband and I  feel that we are totally justified to have 5 guests in our first floor spoacious 1500 square feet  aprtment with bathroom,  fully equipped kitchen and one master bedroom. The cops said that if we were fined it will be up to $2500/day fine.

I think this whole thing is outrageous and looking for help from airbnb coporation or community to help us against this rediculous warning!!!

[Alice-and-Jeff0]

Airbnb is just an online booking service who has already bowed out of the legal suit against New York.  Perhaps spending some time reading about the very strict laws in New York will help you.  http://www.nolo.com/legal-encyclopedia/overview-airbnb-law-new-york-city.html

[Delphine-And-Michael0]

Gloria,


  Frustrating post it sounds like you have one of the few legal apartments and all they can find is to make an argument about is square footage. Don't be surprised if they calculated yours wrong just to come up with something to complain about
by stating your place can only accept 2 adults would mean you have under 160 sq ft of liveable space.

  Square footage is calculated by measuring liveable floor area,
  although you must have a kitchen and bathroom those areas are not counted in the square footage.  The building department might say you need 240 sq ft to get you 6 adults of liveable space since they seem to calculate it in increments of 2.  There is also a minimum size for bedrooms if it is too small it is not counted.

You can look up this code below is part of the reference.

SUBCHAPTER 3
PHYSICAL AND OCCUPANCY STANDARDS FOR DWELLING UNITS
The maximum number of persons who may occupy any such apartment shall be determined by dividing the total liveable floor area of the apartment by 80 square feet. For every two persons who may lawfully occupy an apartment, one child under four may also reside

[Rachel708]

Hi, 

I did a lot of reserach and here is what I found: 

You must check the certificate of occupancy for your home. If your home is a one family or two family private dwelling, then it can only be used as such. If you rent for less than 30 days, that's not private dwelling, it's rooming.  You can be fined for not having your home match the building codes for use as a hotel/short term rental.

https://www.wnyc.org/story/think-private-homes-are-safe-list-airbnb-think-again/

https://www1.nyc.gov/assets/buildings/apps/pdf_viewer/viewer.html?file=2014CC_BC_Chapter_3_Use_and_O...

(go to page 17).

[Greg1783]

Hey what are the rules on guests friends coming over for dinner? I know we can only have two guests stay.  What about the daily come and go friends?