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NYC Rules Airbnb Rentals Legal if at Least One Tenant Present

@SamShankman

Sep 27, 2013 3:59 pm

Skift Take

Warren’s case is not representative of most Airbnb stays in New York City where people are known to run illegal hotels and entire apartments are one of the most common kind of rentals.

— Samantha Shankman

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Airbnb

If this apartment is rented for less than 30 days it is illegal. Airbnb


Airbnb won a victory in New York City Friday when host Nigel Warren, a New Yorker who was to be fined $2,400 for illegally hosting a visitor through the home rental’s platform, was cleared by city officials.

New York State law prohibits almost all rentals of apartments for less than 30 days, but the New York City Environmental Control Board said the visit was legal since Warren’s roommate was present throughout the guest’s stay.

The company touted its win this afternoon on the Airbnb Public Policy Blog:

“In the appeal, we and Nigel argued – and the appeal board now agrees – that under New York law as long as a permanent occupant is present during a stay, the stay does not violate New York’s short term rental laws. Much of the New York law is confusing, with some provisions applying to certain buildings and not to others. But this shared space provision was crystal clear. We intervened in this case because the initial decision on Nigel’s case was so clearly wrong, and we are pleased to see that the Board agreed.”

The full ruling is embedded below:

Download (PDF, 1.99MB)

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