NYC Short-Term Rental Rules: Local Law 18, the OSE Registry and What Is Still Legal
New York City had 3,194 active short-term rental registrations on January 7, 2026. That is the whole legal sub-30-day market in a city of more than 8 million people, and it exists in that shape because Local Law 18 attached an old occupancy rule to a registry that booking platforms must check before they process a payment.
Every figure below comes from the Mayor's Office of Special Enforcement (OSE) or another New York City agency, linked where it appears. Numbers are given with the date they refer to, because they move.
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01 โ What Local Law 18 actually did
New York City adopted Local Law 18 of 2022, the Short-Term Rental Registration Law, on January 9, 2022. It created two new chapters of Title 26 of the Administrative Code: Chapter 31 (ยงยง 26-3101 to 26-3105), which requires hosts to register, and Chapter 32 (ยงยง 26-3201 to 26-3203), which forbids a booking service from processing a short-term rental transaction until it has verified the registration electronically.
The rules took effect on March 6, 2023, and the application portal opened the same day. Platform-side enforcement began on September 5, 2023, and that is the date that changed the market: verification sits between the listing and the money, so an unregistered listing simply cannot transact on a compliant platform.
The critical point for anyone planning a New York operation: Local Law 18 did not create the occupancy rules, and did not loosen them. OSE's own wording is that the law "does not change the existing criteria that govern the legality of short-term rentals." The restrictions come from the Multiple Dwelling Law, the Housing Maintenance Code, the Construction Codes and the Zoning Resolution, some of them in force since the late 1960s. What the law added is a gate, a public dataset and a new set of fines.
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02 โ The three requirements that end the conventional short-term rental
A short-term rental, for registration purposes, is a rental of fewer than 30 consecutive days in a private dwelling, a class A multiple dwelling, or a class A unit in a mixed-use building. Class A means a unit intended for permanent residence. On OSE's own FAQ, three conditions apply at once:
- The host stays in the unit during the rental. No unhosted stays. Not "the host is in the building", not "the host is next door" โ the same dwelling unit.
- No more than two paying guests at a time. A registered host with three approved listings still may not host more than two guests simultaneously, as OSE spells out on its registration data page.
- A common household with the guest. Under ยง 21-10(12) of the registration rules, a common household is deemed to exist only if every member of the household โ the guest included โ "has access to all parts of the dwelling unit", and lack of that access "establishes a rebuttable presumption that no common household exists."
That third condition is the one hosts underestimate. A locked bedroom door, a sealed-off floor, a private entrance that partitions the apartment into two independent halves: each of those is evidence against the common household the rule requires. ยง 21-10(13) closes the loop by stating that a registered host "shall not offer, arrange for, or allow the short-term rental of an entire registered dwelling unit."
Add the layers underneath and the practical envelope gets narrower still:
- Entire-unit short-term rentals are not permitted in one- and two-family homes either. OSE's FAQ is explicit: under the Building Code those homes are "exclusively for residence purposes on a long-term basis for more than a month at a time."
- No sleeping space where sleeping is illegal โ attics, cellars, garages. Basement listings need a certificate of occupancy, a Letter of No Objection or equivalent proof of approved residential use.
- Uncorrected Department of Buildings, HPD or FDNY violations for conditions that endanger occupants block a registration. ยง 21-08(2) of the rules lists violation types OSE has already determined qualify.
Two consequences follow for anyone running this as a business. A co-host cannot be the registrant, because the law limits registration to a natural person who is the permanent occupant of the unit โ which also means a property manager cannot hold a New York registration on an owner's behalf. And a compliant registered rental has no room for self check-in as a product: the host is physically there, so the lockbox is not the constraint, the host's calendar is.
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03 โ What is still legal
| Arrangement | Registration needed? | Notes |
|---|---|---|
| Stay of 30 consecutive days or more | No | Exempt from the registration requirement. The dominant legal path for whole-unit rentals. |
| Unit in a class B multiple dwelling | No | Class B is approved for transient occupancy. OSE maintains a Class B list. "Class B" here means legal occupancy, not the Department of Finance tax class. |
| Hosted stay under 30 days, host present, max two guests | Yes | The registered host model. |
| Entire unit under 30 days, host absent | Not available | Illegal regardless of ownership, building type or unit count. |
| Rent-regulated, rent-controlled, NYCHA or SRO unit | Not available | OSE is prohibited from granting the registration. |
| Any unit in a building on the Prohibited Buildings List | Not available | See section 04. |
The 30-day line is where most professional inventory in New York has gone. It is a different product โ corporate and relocation tenants, travel nurses, longer research and academic stays โ with lower turnover, lower gross per night and a tenancy conversation instead of a hospitality one. It also carries its own legal weight once a stay approaches or passes the point at which occupants acquire tenant rights, which is worth a lawyer's hour before you sign anything.
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04 โ Who may register, and what the application takes
To be eligible, a host must be a natural person and the permanent occupant of the unit, and must certify that no lease or other agreement bars short-term rentals there. Ineligible outright: NYCHA apartments, rent-controlled apartments, rent-stabilized apartments, and single-room occupancy units.
Then there is the Prohibited Buildings List. Any building owner โ including a co-op or condo board, a manager or an agent โ can certify that leases and occupancy agreements throughout the building forbid short-term rentals, and OSE must then refuse registrations in that building. It works only for whole buildings, never for selected units or floors, and if a building is added after a registration was granted, OSE can move to revoke it at the Office of Administrative Trials and Hearings. Per OSE's announcement of the FY25 report, the list had passed 21,000 buildings, with more than 14,000 owners and managers having opted in.
The mechanics:
- Fee: $145, payable at submission and explicitly non-refundable โ including if the application is later denied because the unit turns out to be rent-regulated.
- Documents: one proof of identity plus two proofs of permanent occupancy, and the two must come from different approved categories. Tenants also submit the portion of the lease showing dates, address, parties and signatures.
- Landlord notice: OSE is required to notify the owner of record that an application has been filed. If you rent, your landlord finds out.
- Listings: every listing URL or listing ID, with its platform, must be declared, and any listing added later must be reported to OSE before the next booking.
- Ongoing duties under ยง 21-10: post an exit-route diagram and a copy of the registration certificate inside the unit; put the registration number in every advertisement; keep a record of each rental for seven years (listing identifier, start date, nights, number of guests, rent received); produce those records within 15 business days of an OSE request.
Registrations last up to four years โ or, for a tenant, until the end of the lease shown to OSE. OSE expects the first renewal applications in October 2026, and it can refuse a renewal on any ground that would support revocation.
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05 โ The real numbers: applied for, granted, denied
OSE must publish an annual report under ยง 26-3105. The two most recent are on its Data & Reports page.
| Status snapshot | FY24 report: apps filed Mar 6, 2023 โ Jun 30, 2024 | FY25 report: apps filed Jul 1, 2024 โ Jun 30, 2025 |
|---|---|---|
| Applications submitted | 6,425 | 1,582 |
| Granted | 2,323 | 640 |
| Denied | 1,829 | 471 |
| Denial pending | 1,667 | 304 |
| Additional information requested | 571 | 60 |
| Awaiting a first determination | 35 | 107 |
| Active registrations at period end | 2,290 (June 30, 2024) | 2,952 (June 30, 2025) |
Read the columns as snapshots taken at the end of each period, for applications filed inside that period โ not as a cohort you can add across years, since a file sitting in "denial pending" in June 2024 was resolved one way or the other later. The 640 grants out of 1,582 filings is the source of the "40%" approval figure in OSE's press release.
The cumulative denial picture is the number that should shape a business plan. Counting every application received before June 30, 2025, whenever the denial was issued, the FY25 report gives 4,329 denials, by reason:
| Reason for denial | Applications |
|---|---|
| Applicant did not make required corrections | 2,942 |
| Duplicate or multiple applications | 564 |
| Rent regulated | 553 |
| Building added to the Prohibited Buildings List | 189 |
| Class B multiple dwelling โ exempt | 37 |
| Address not approved for residential use | 31 |
| Application included a material false statement | 10 |
| Application fee owed | 3 |
Against the 8,007 applications the two reports show were filed between March 6, 2023 and June 30, 2025, those 4,329 denials are roughly 54% of everything ever submitted. The largest bucket is not paperwork: OSE returns a correctable application with an explanation and at least 90 days to fix it, and a listing offering a whole apartment or three or more guests is precisely the kind of thing it asks you to correct. Nearly 3,000 applicants did not, and were denied. The report itself notes a distortion worth knowing: of the 2,507 denials issued during FY25, 2,036 concerned applications filed before that year, a backlog OSE cleared in one pass.
Speed improved sharply. Across the FY24 period, applications with a final determination averaged 133.2 elapsed days, 77.1 of them actually pending with OSE. In FY25, 1,111 final determinations averaged 53.0 elapsed days and 5.6 days in OSE's hands, the rest being time the file spent back with the applicant.
The current registry is public. Counting unique registration numbers in OSE's dataset dated January 7, 2026: 3,469 registrations issued in total, of which 3,194 registered, 187 expired, 85 terminated and 3 revoked. The geography is not the one tourists imagine โ of the active ones, 1,585 are in Brooklyn, 921 in Queens, 385 in Manhattan, 194 in the Bronx and 109 on Staten Island.
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06 โ Penalties, for the host and for the platform
For the host, ยง 26-3104 and ยง 21-13 of the rules set the ceilings:
| Conduct | Maximum civil penalty |
|---|---|
| Operating an unregistered short-term rental (ยง 26-3102(a)) | The lesser of $5,000 or three times the revenue generated, per violation |
| A registered host violating the chapter or the rules | Up to $5,000 per violation |
| Material false statement or concealment in an application | $1,000 per violation |
| Failing to keep the seven-year rental records | $500 first violation, rising to $5,000 for a third |
| Missing exit diagram, missing certificate, missing registration number in a listing | $100 first violation, $500 second, $1,000 third โ first violation reducible to zero if cured |
Revocation is separate from fines. A registration must be revoked, after notice and a hearing, where the unit was used in violation of the underlying occupancy laws, where the application contained a material false statement, where the host commits three or more violations within 24 months, where the building lands on the Prohibited Buildings List, or where OSE later learns something that would have blocked the registration.
For platforms, ยง 26-3203 prices each bad transaction: up to $1,500 per transaction processed without valid verification, or three times the fee collected if the platform can establish that fee. Failure to file the required monthly transaction report carries a penalty per unreported transaction, capped at the greater of $1,500 or the platform's total fees for that listing over the preceding year. That asymmetry โ per transaction, at scale โ is why the platforms built the verification integration rather than litigate it.
Enforcement is no longer theoretical. OSE began issuing Notices of Intent to Revoke in late April 2025; it estimated that as of early June 2025 about 20% of registered listings were offering illegal occupancy, and started sending warning notices; and on May 5, 2025 it filed its first Local Law 18 lawsuit, against Jane 8, LLC, over the Incentra Village House, an operation OSE says took 10 apartments out of the housing stock. The three revoked registrations in the January 2026 dataset are the visible edge of that programme.
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07 โ Taxes do not follow the same line
Registration and tax are independent obligations. On the NYC hotel room occupancy tax, the Department of Finance's own FAQ is unusually clear for hosts:
- Rent one bedroom in your own home and you do not have to collect the hotel tax โ but you still need the registration for any stay under 30 consecutive days.
- Rent more than one room and you cross into collection once you have three or more separate rentals in a year, or more than 14 total nights.
- The tax is 5.875% of rent plus a per-room, per-day charge of $0.50 to $2.00 depending on the rent, and separate New York State and City sales taxes and a $1.50-per-unit-per-day State hotel unit fee are collected by the State.
- A permanent resident โ 180 consecutive days or more โ is exempt, which is another reason mid-term inventory is administratively simpler.
Federal treatment is a different question again, and one where the average length of stay matters more than the city rule: see our explanation of the seven-day average stay threshold and material participation before assuming a New York room rental behaves like a rental property on your return.
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08 โ What this means if you operate here
New York did not ban short-term rentals; it made them a resident's side activity rather than an asset class. If you own or manage units in the five boroughs, the honest options are a hosted registered rental in the home you actually live in, stays of 30 days and up, or a class B building. Everything else is either unavailable or a fine waiting for an inspection.
Both surviving models are still service businesses. A 34-night corporate tenant asks fewer questions than eight weekend guests, but the ones they ask โ heating, laundry, deliveries, the neighbour's renovation โ arrive at inconvenient hours and in whatever language the guest thinks in. That is the part worth automating: Verto AI answers on WhatsApp around the clock in more than 25 languages, handles text, photos and voice notes, and resolves 85% of conversations on its own across more than 12,000 measured. It has nothing to say about your registration status, and it will not make an ineligible unit eligible.
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