Sharing apartment in NYC

[Austin12]

Hi community,

I currently rent my NYC apartment. I have come to understand that renting out the apartment when I am not present is illegal. But I want to confirm - I can still rent out a room of the apartment as long as I am staying in the apartment at the same time, is this correct?

This article (https://www.airbnb.com/help/article/868/new-york--ny) is pretty unequivocal - "... in general, if a guest shares the apartment with a permanent resident who is present for the duration of the rental (i.e., a "shared space" rental), it is permissible under the Multiple Dwelling Law," but for obvious reasons I am still apprehensive. What is meant by 'in general'? When is this not OK?

My management office tells me that under no circumstance may I offer the apartment on AirBnB.

If anybody has greater insight into this, I would be very appreciative. Thank you,

Austin

[Karin38]

I think it depends on what type of agreement you have with your landlord.

[Linda108]

@Austin12, Under no circumstance should you depend on the advice of the host community regarding this issue.  We are not in New York let alone in your building.  Seems that you got an answer about using your apt as a short term rental.  I think you might find more knowledgeable host in your area through the Home Sharing Host Clubs.  There is a Club for New York City.  Look under the Community Center for Host Clubs.

[Jason106]

I had a similar experience although in my lease air bnb isn't mentioned. They initiated legal action to terminate my lease then backed off. They behaved very bizarrely asking for me to email them that I wouldn't host anymore

[Jennifer--And-My-Brother0]

They don't tell you that even if you live there, you are still a hotel and that is illegal especially if you do not have sprinklers, a wired fire alarm system and secondary egress. 

The articles pretend it is about the "evil" hotel industry not letting guests save money instead of emphasizing the safety issues - this makes all hosts look bad by design - that we are so greedy that we would put safety behind illegal hosting.  I have stopped hosting and have found it impossible to find a roommate so I am very worried but it doesn't change the fact that I can never host again in this building because of the lack of safety elements.   Also, Inspector Chung said I would still be a hotel if I had monthly roommates unless they were on a lease.  That is terrible news and contradicts what they tell us in the press about having roommates who are not on the lease. 

I am not trying to ruin hosting but I personally cannot do it since the FDNY Inspector Brown said gently and sadly, "It is about safety"  - it's like someone telling you not to drive drunk and not risk killing three babies.   How can you argue with that?

I think some of the condo owners in NYC can legally host because their newer buildings have those safety elements so airbnb hosting belongs to those few hosts.  But a house probably does not have a sprinkler system.

I think NYC is hypocritical and is intentionally not going after every host because there is a benefit to the real estate industry.  I want airbnb to stay because I need the exposure to find subtenants and roommates who want to be on the lease because the other options are no good.   Not only should all hosts register but all GUESTS identities should be filed with NYPD.    I don't see the problem for airbnb letting the city do this since airbnb has already agreed to it in other cities.    It's not a big deal for airbnb to allow it. 

There are so many microaggressions BY GUESTS who are in your HOME and basically know that you are so desperate financially that you would actually let some stranger into your home.