New York State 30 Day Rental Minimum & enforcement

in
NY, NY
Level 2
7,436 Views

I am a host in Long Beach, NY. -- a beach town 27 miles outside of Manhattan.  Recently, the building department visited my house during a guest's stay.  They interrogated my guest and determined they were renting through Airbnb, for less than 30 days (reservation was for 3 days) & they issued me a summons for running an "Illegal hotel."  Court date is July 13th.  They came back on Saturday night when I was there. (I live there and I am there often).  They said the were "going door to door" using the maps on Airbnb & Homeway to "shut down" all listings under 30 days.  In addition, I am concerned about the new NYS law which will make it "illegal" to post an ad on internet for a rental of less than 30 days.    Is anyone seeing this level of enforcement?   What is your strategy to manage the posting should the Gov sign the new restrictive law?

25 Replies

Re: New York State 30 Day Rental Minimum & enforcement

in
Como, CO
Level 10

Not an issue for me, but I have seen simlar sort of posting where people have to withdraw from the short term rental business.

David

Re: New York State 30 Day Rental Minimum & enforcement

in
Miami, FL
Level 10

@Tim57 These local ordinances are just going to create an indutry for laundering rentals...(converting short term rentals to make them appear as long term rentals). They should just be satisfied with the income they get from short term rentals. Instead, they're caving to the hotel industry.

Re: New York State 30 Day Rental Minimum & enforcement

in
NY, NY
Level 2

Very tough situation in NYS---they have passed a law (that has not yet been signed by Gov), to make it illegal to even post a listing on the internet---fines of up to $7,500  can you imagine?   What happened to "government for and by the people."  In NYS it is "government for and by the special interest group willing to pay the most money to elected officials"  The hotel and the real estate lobby have them in their back pocket and they are mowing down the entire concept of individual liberty.

Re: New York State 30 Day Rental Minimum & enforcement

in
Bend, OR
Level 10

All the AirBnB-ers in NYState need to get together and lobby for their ability to run a business from their home.  I wonder how many people in NY and the State are running AirBnBs?  Enough to make a difference?  Could be.

 

Mike

Re: New York State 30 Day Rental Minimum & enforcement

in
New York, NY
Level 10

Tim, the law was signed by the governor a few weeks ago. In NYC they are holding off on enforcement until airbnb's counter suit is over. I do not believe the law applies to you, as you are a private homeowner. However I'm guessing this is not your primary residence. I'm not sure if that changes things. It may be worth contacting an attorney.

Re: New York State 30 Day Rental Minimum & enforcement

in
New York, NY
Level 2

i didnt know it was illegal to even advertise it.  Boy oh boy.  The fine print made it seem as if as long as we rented while we are there, we were ok

Re: New York State 30 Day Rental Minimum & enforcement

in
New York, NY
Level 10

@Shae1 it's only illegal to advertise for illegal rentals.  If your sharing a room in your on okaxevwhije your there or renting out a single family or duplex you should fine.  This great article by a fellow Airbnber provides a great summary. 

 

http://www.evelynbadia.com/blog/simple-guide-current-ny-laws-airbnb

 

 

 

 

 

 

 

 

 

Andrew - see community help guides for many great FAQ

Re: New York State 30 Day Rental Minimum & enforcement

in
New York, NY
Level 2

Hi Tim, I'm currently going through the same thing. I received a court summon just today when my guest were interrogated by building code enforcers. I live in a two-family home in Queens, and live do in the unit full-time (my only home!). I did not think that I am running an illegal hotel either. May I ask what has happend since your court summon? Any information would be appreciated so I may prepare for what to come. Thank you in advance.

Re: New York State 30 Day Rental Minimum & enforcement

Level 1

Hi 

I just received a summons yesterday, can you tell me what happened to you?

 

Thanks 

Kathy 

 

Re: New York State 30 Day Rental Minimum & enforcement

in
New York, NY
Level 2

Hello

I also received a summons, can people share how they are handleing this in NYC?

Re: New York State 30 Day Rental Minimum & enforcement

in
Auckland, New Zealand
Level 10

A suggestion, there may be information in the World Legal Institute Databases if there have been cases in the Courts systems.

unfortunately I'm not on a computer at the moment to look it up but there should be cases internationally tucked in there that may help in general terms - use keywords like Airbnb and your local country/ locations names.

 

You may also like to scan through Google under "news" as ongoing information about these laws and discussions are in there.

 

When you find cases with names in you may like to further use then to follow up directly with those people as addresses and personal profiles are frequently online, subject to ones own digital footprints.

 

Hope that helps.

 

Please let us know how you get on.

 

It may be an idea to see if you have any local Residents Association groups that hold meetings in your region as such topics are discussed at there meetings from time to time.

Re: New York State 30 Day Rental Minimum & enforcement

in
New York, NY
Level 2

Hi @Ajna-And-Pedro0

 

I haven't received on yet, but think it may be on the way. What happened with yours?

 

Thanks!

Kathleen

Re: New York State 30 Day Rental Minimum & enforcement

in
New York, NY
Level 2

Hi Mary,

 

I haven't received on yet, but think it may be on the way. What happened with yours?

 

Thanks!

Kathleen

Re: New York State 30 Day Rental Minimum & enforcement

in
New York, NY
Level 2

Like what happened to your summons. 

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