New YorkShort-term rental rules

Largest 50 cities / New York

New York only allows hosted short-term rentals: the host must live in the unit, share it with guests throughout the stay, and cap occupancy at two guests. Unhosted whole-unit rentals under 30 days are illegal citywide outside hotels, so there is no legal investor model.

Research reviewed Oct 18, 2026. Original city review.

Compare this market What changed Start a property worksheet

Does the operating permit transfer?: New application
The registration belongs to the person, not the unit, and the code states it is not transferable; a buyer must qualify as the permanent occupant and apply for a new registration.
Can the land-use approval continue?: Verify the property approval
The operating-permit rule does not establish whether this parcel’s zoning approval, variance or older-use protection continues. Obtain the actual approval and its conditions.
Can this buyer obtain approval?: Unhosted whole-unit stays are not allowed anywhere in the city; investor-owned whole-home short-term rentals have no legal path under current law.
License or registration: NYC's Office of Special Enforcement issues a Short-Term Rental Host Registration, granted only to the unit's permanent occupant.
Application availability: Confirm current availability
Application availability was not separately reverified for this explorer. Check the city’s current program, cap, lottery or waitlist before relying on the seller’s rental history.
Timing to verify: No sale-specific deadline was established in this summary. Ask the issuing office about filing, renewal and any interruption in operation.
Changes and uncertainty: Int 0879-2026 would let owners of one- and two-family homes host without being present; introduced April 30, 2026 and still in committee.

What this means for the appraisal

Obtain the buyer application requirements and confirm the earliest approved operating date before assuming continuity of rental income.
Verify the property’s land-use approval and continuation conditions. Research finding: Verify the property approval.
Check the proposed buyer against the recorded requirements: Unhosted whole-unit stays are not allowed anywhere in the city; investor-owned whole-home short-term rentals have no legal path under current law.
In the assignment analysis, identify the evidence supporting the proposed rental use, any operating interruption and any unresolved assumptions.

Use these prompts to plan the property review. The appraiser must evaluate the evidence and reach the assignment-specific conclusions.

Record the property evidence in a worksheet

Request documents from the owner or agent

Copy this market-specific request, add the property address and edit it for the assignment.

Read or select the document request

Document request for New York

Subject: STR property document request | New York, NY

Please provide the following documents for the property under review. Identify any item that is unavailable or does not apply.

1. Property address, parcel ID and confirmation of the governing jurisdiction.
2. Current operating permit or registration, named holder, expiration date and renewal history, if applicable.
3. Written ownership-change instructions from the issuing office. Guide finding: The registration belongs to the person, not the unit, and the code states it is not transferable; a buyer must qualify as the permanent occupant and apply for a new registration.
4. Zoning approval, conditional-use permit, variance or grandfathering record, including conditions and evidence of continued use. Guide finding: The operating-permit rule does not establish whether this parcel’s zoning approval, variance or older-use protection continues. Obtain the actual approval and its conditions.
5. Documents addressing the proposed buyer and property requirements: Unhosted whole-unit stays are not allowed anywhere in the city; investor-owned whole-home short-term rentals have no legal path under current law.
6. Current confirmation of application availability, including any cap, waitlist, lottery or separation rule. Guide finding: Application availability was not separately reverified for this explorer. Check the city’s current program, cap, lottery or waitlist before relying on the seller’s rental history.
7. Recorded covenants, HOA or condominium rental restrictions and applicable lease restrictions.
8. Rental operating statements and booking records, with the periods covered and any anticipated interruption at closing.

Market research reviewed: 2026-10-18. These requests need property-specific verification.
Official research sources:
OSE - Registration Law overview: https://www.nyc.gov/site/specialenforcement/registration-law/registration.page
AmLegal - NYC Administrative Code, Title 26, Chapter 31: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-133488

Subject: STR property document request | New York, NY

Please provide the following documents for the property under review. Identify any item that is unavailable or does not apply.

1. Property address, parcel ID and confirmation of the governing jurisdiction.
2. Current operating permit or registration, named holder, expiration date and renewal history, if applicable.
3. Written ownership-change instructions from the issuing office. Guide finding: The registration belongs to the person, not the unit, and the code states it is not transferable; a buyer must qualify as the permanent occupant and apply for a new registration.
4. Zoning approval, conditional-use permit, variance or grandfathering record, including conditions and evidence of continued use. Guide finding: The operating-permit rule does not establish whether this parcel’s zoning approval, variance or older-use protection continues. Obtain the actual approval and its conditions.
5. Documents addressing the proposed buyer and property requirements: Unhosted whole-unit stays are not allowed anywhere in the city; investor-owned whole-home short-term rentals have no legal path under current law.
6. Current confirmation of application availability, including any cap, waitlist, lottery or separation rule. Guide finding: Application availability was not separately reverified for this explorer. Check the city’s current program, cap, lottery or waitlist before relying on the seller’s rental history.
7. Recorded covenants, HOA or condominium rental restrictions and applicable lease restrictions.
8. Rental operating statements and booking records, with the periods covered and any anticipated interruption at closing.

Market research reviewed: 2026-10-18. These requests need property-specific verification.
Official research sources:
OSE - Registration Law overview: https://www.nyc.gov/site/specialenforcement/registration-law/registration.page
AmLegal - NYC Administrative Code, Title 26, Chapter 31: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-133488

Research and guide updates

Oct 18, 2026 Research record: Research recorded for this market. Original city review. See the findings, open questions and official sources below.
Nov 1, 2026 Guide tools: Added assignment prompts, a document request and consistent research questions. This tool update does not change the market research date.

Changes and uncertainty to verify

Int 0879-2026 would let owners of one- and two-family homes host without being present; introduced April 30, 2026 and still in committee.

Sources and research limits

Carried forward from the October 18, 2026 city research. The explorer separates the operating permit from land-use rights; this is not a new verification of all current city rules.

Use this summary to identify the documents and questions for a property review. A seller's rental history alone does not establish a buyer's permission to operate.

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