New York State 30 Day Rental Minimum & enforcement

Tim57
Level 3
NY, NY

New York State 30 Day Rental Minimum & enforcement

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 25
Chris1089
Level 2
Bay Shore, NY

I read in an article from the town that long beach enforces a strict 30 day minimum for people renting their homes. Does this only apply to multi family dwellings or does this apply to anybody in long beach and supersede what the state enforces .

Claire617
Level 1
null

@Tim57 I'm planning to rent out my basement.  Is

Do you know of this is legal?          

Chris1089
Level 2
Bay Shore, NY

Tim,  first off I wanted to say that you have a beautiful place!nice job!

now, to the point. I feel that the lawsuits LB has filed are generally very vauge. To help shed some light on your situation, in an attempt to help others interested in renting, could you provide any more details? for example, NYS law says its only illegal for "Class A" dwellings to rent for less than 30 days. Meaning, for a single or two family home, there should be no minumum that youre allowed to rent for.  If you are anyone has some more information that would be great!

 

Have an amazing week,

Chris.

Tim57
Level 3
NY, NY

since my case, NYS has clarified the rules and focused the 30 day rule on multi unit dwellings--more than four units.

I was called because I rented to an African American family...someone else reached out to with the same issue.  One would think this would not be an issue after all it is 165 years since the civil war and over 50 years since the civil rights amendment.  Apparently, some folks in Long Beach struggle with reality and have sense of social justice.  I have not a problem sense.  I own the property and the town can't tell me who and cannot have as visitors.

Kathleen250
Level 2
New York, NY

Hi Tim,

 

An officer and someone from the building department came by my house this weekend. They questioned the renters and said they’re going after all homes listed on Airbnb. Can you please share what the stance was on the less than 30 day ruling? Any intel would be much appreciated!

 

Thanks,

Kathleen

Chris1089
Level 2
Bay Shore, NY

I purchased a legal 2 family home recently and want to make sure I am clear on the law before using this platform . Any intel would help a great deal, Also and i’m not sure if there is already any sort of long beach group in place , but if not I think we could all gain from starting one and keeping a healthy conversation going   . 

Chris1089
Level 2
Bay Shore, NY

even though I read in an article published by the town that rentals for less than 30 days is illegal ? I understand NYS law but I don’t know if long beach has their own rules and restrictions . Thanks again. 

Chris1089
Level 2
Bay Shore, NY

Tim , thanks for such a prompt response . I’m really glad to hear that for both you and the people staying in your beautiful home ! 

 

again , as I was saying earlier , I did read somewhere about how the town of long beach does not allow for under 30 day rentals . Am I correct in thinking that they cannot legally enforce this unless you have more than a 3 family dwelling . Meaning it is perfectly legal for me to airbnb my legal 2 family for any amount of time in the town of Long beach . is there anything in fine print that tells us so ? 

Helen427
Level 10
Auckland, New Zealand

There's also a personal msg system on Airbnb that you can use to send other Hosts msgs to - look up Listings in your area as they may appreciate your contact to and be in similar situations and meet up or network together - supporting each other may be for the betterment of others in the worldwide community.

 

All the best

 

Helen

Mandy105
Level 2
New York, NY

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.

Tenzing3
Level 2
New York, NY

Hi Mandy, i received a summons today. What happened to your summons.? Any help would be really really appreciated and helpful

Mary888
Level 1
null

Hi 

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

 

Thanks 

Kathy 

 

Tenzing3
Level 2
New York, NY

Hi Mary, I also received a summons today. Can you please help me with the summons.

Kathleen250
Level 2
New York, NY

Hi Mary,

 

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

 

Thanks!

Kathleen

Tenzing3
Level 2
New York, NY

Like what happened to your summons. 

Ajna-And-Pedro0
Level 2
New York, NY

Hello

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

Kathleen250
Level 2
New York, NY

Hi @Ajna-And-Pedro0

 

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

 

Thanks!

Kathleen

Helen427
Level 10
Auckland, New Zealand

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.

Shae1
Level 2
New York, NY

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

Andrew90
Level 10
New York, NY

@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

Explore Resource Center articles

Making your home ready for guests
Tips from Airbnb plus hosts: How to add thoughtful touches
Supporting guests during their stay