New York draws millions of visitors every year, so it’s no surprise that short-term rentals are a hot topic for landlords. However, because the city’s housing market is strictly regulated, short-term rentals are, too. To navigate the risks and rewards of short-term rentals in New York, it helps to know the key rules that shape what’s allowed, what’s not, and how to stay on the right side of local requirements.
Just across the Hudson, you’ll find nearby cities with their own short-term rental rules, enforcement styles, and definitions of what’s allowed. If you’re thinking about owning a short-term rental around the New York metro area, it’s not enough to know what’s legal in the five boroughs; you also need to understand how regulations change once you cross a city line, whether you’re looking at places like Newark, Jersey City, or smaller, stadium-adjacent towns in New Jersey.
Key Takeaways
- New York City allows short-term rentals (fewer than 30 days) only in a primary residence, and the host must be present during the stay; you also can’t rent an entire unit, and no more than two guests are permitted at a time. Rentals must be registered with the Office of Special Enforcement (OSE).
- East Rutherford and Rutherford, NJ prohibit short-term rentals outright, while Newark allows them only when they are in or attached to an owner-occupied primary residence (28 days or fewer).
- Jersey City restricts short-term rentals (28 days or fewer) to a single primary residence where the owner lives at least 275 days per year. Hosted stays are unlimited, but unhosted stays are capped at 60 nights annually, and operators must obtain an annual permit.
New York Short-Term Rental Laws
In New York, a short-term rental generally means a stay of fewer than 30 consecutive days. Legal short-term rentals must be your primary residence and you must be present during the renter’s stay.
Zoning and property restrictions
All properties must be legally allowed to be rented, meaning they are in an allowable zoning district and not on the prohibited building list. Landlords cannot rent out an entire apartment or home as a short-term rental and only two renters can stay at one time. Accessory dwelling units designed for permanent occupancy may be allowed to operate as short-term rentals.
License and registration requirements
Short-term rentals in New York must be registered with the Office of Special Enforcement (OSE). To apply you will need:
- Identification
- Two pieces of proof of permanent occupancy
- Listings (booking service and listing URL or listing number)
This registration will need to be renewed before the expiration date.
Other requirements
All advertisements and listings must display the short-term rental registration number.
Operational requirements and compliance rules
During each short-term rental, the unit must have a posted emergency egress diagram and a copy of the registration certificate that includes the registration number and an emergency contact number. Recordkeeping is also part of compliance: hosts must retain required short-term rental records and provide them to OSE upon request. All rentals must comply with city and state codes and laws.
Rutherford/East Rutherford Short-Term Rental Laws
MetLife Stadium sits in East Rutherford, New Jersey, but that address is not a short-term rental goldmine. East Rutherford’s municipal code defines short-term rentals as stays of less than 30 consecutive days, but prohibits them. Nearby Rutherford takes the same approach; its code doesn’t allow short-term rentals. Because local ordinances can shift quickly, keep monitoring local laws to stay up to date.
Newark Short-Term Rental Laws
In Newark, a short-term rental can only be rented out for 28 consecutive days or less, and only the property owner or their agent can operate it, not tenants. Short-term rentals are allowed across different property types, but they must be either in or attached to the primary residence. Eligible setups include:
- An owner-occupied single-family home
- Certain primary residence condos (when bylaws allow)
- One unit in a two-family home where the owner lives in the other unit
- Multi-family properties where one unit is the owner’s primary residence
Room rentals are also limited; Newark allows no more than two rooms to be rented in an owner-occupied, single-family home.
Zoning and property restrictions
To certify that your property is in an allowable zoning district, you need to get a Zoning Compliance Certificate.
License and registration requirements
Before operating or advertising a property, a valid short-term rental permit from the City of Newark Department of Engineering is required. These permits need to be renewed annually to stay active, in addition to other required forms, like the rental Certificate of Code Compliance and annual inspections. To apply, you’ll need:
- Identification
- Proof of ownership
- Proof of insurance (minimum $500,000)
- Zoning Compliance Certificate
- Required written certifications
Other requirements
All short-term rental guests must be at least 21 years old, and every listing or advertisement must display the property’s short-term rental permit number. Newark also limits bookings to one party at a time, meaning the unit cannot be split among separate, unrelated groups during the same rental period.
Operational requirements and compliance rules
Short-term rentals must comply with all applicable City of Newark and State of New Jersey laws, rules, and ordinances. The owner or responsible party must be available 24/7 and respond within two hours during any tenancies. Newark also requires a posted notice inside the rental that clearly lists:
- Owner name (or, if the owner is a company, a primary contact name and phone number)
- Responsible party and short-term rental agent name and phone number
- Phone number for the Department of Public Safety, the City of Newark Department of Engineering, and the Office of Inspections and Enforcement
- Maximum number of on-site parking spaces available
- Trash and recycling pickup day, plus all applicable trash and recycling rules
- A notice that guests, the short-term rental agent, the responsible party, and/or the owner can be fined for violations of city requirements
Jersey City Short-Term Rental Laws
In Jersey City, a short-term rental is a stay of 28 consecutive days or less and must be the primary residence. Only one primary residence is allowed to be a short-term rental and to be considered that, the landlord must live there for a minimum of 275 days a year. The presence of the owner dictates how many nights the short-term rental can be rented out:
- Hosted stays: unlimited
- Unhosted stays: limited to 60 nights a year
Jersey City’s short-term rental rules are established under the Short-Term Rental Ordinance (Chapter 255) and administered by the Division of Housing Preservation.
Zoning and property restrictions
Only certain residential property types that meet specific stipulations are allowed to be rented out as short-term rentals. This includes:
- Condo/HOA/co-op units: Short-term rentals are allowed only if the building’s rules (like the bylaws or master deed) allow them, and the unit is the owner’s primary home (the place they legally list as their main address).
- Single-family homes: Short-term rentals are allowed, but if the home has four or more bedrooms, you can rent no more than two rooms. Each rented room can have up to two adults and two children.
- Two-, three-, or four-unit buildings: Short-term rentals are allowed in these buildings, including one room in the primary resident’s unit, but there are extra rules and requirements that apply.
A Zoning Determination Letter is required before you can obtain a short-term rental permit. This letter confirms the property is located in an allowable zoning district.
License and registration requirements
Short-term rental permits must be renewed annually, and applications require supporting documentation:
- Proof of current ownership
- Proof of primary residence
- Two recent (less than 30 days old) utility bills
- Proof of $500,000 general liability insurance
- Zoning Determination letter
- Proof of no outstanding fines, penalties, taxes, or water and sewer charges
- Owner’s Affidavit
- Certification of STRP Agent (if using one)
- Certification of Responsible Party
- Copy of the bylaws, master deed, or other relevant governing document if the STR is in a condominium or other association
- Copy of articles of formation if property is owned by LLC, INC., etc.
Once a permit application is reviewed, inspections by the Division of Housing Preservation and the Division of Fire must be conducted. Inspections are only required every three years.
Other requirements
Any listings or advertisements need to contain the permit number. All renters must be at least 21 and there must be a responsible party who is available 24/7 during the stay. That person can be the owner or a qualified representative, but they must be able to respond within two hours.
Operational requirements and compliance rules
All short-term rentals must comply with all applicable city and state laws and codes. The following information must also be displayed in a visible location in the short-term rental:
- The owner’s name. If the owner is a company, include the name, email, and phone number of the main person in that company.
- The names, emails, and phone numbers for the responsible party and the short-term rental agent.
- The phone numbers for the Department of Public Safety, Jersey City’s Resident Response Center, and the Division of Housing Preservation.
- The maximum number of parking spaces on the property that guests can use for the short-term rental.
- The trash and recycling pickup day, plus all rules you must follow for trash and recycling.
- A notice that the guest, temporary occupant, short-term rental agent, responsible party, or the owner can get a ticket or a fine from Jersey City (Public Safety or Housing Preservation) for breaking any Jersey City ordinances.
The landlord must also keep records with the required information for all renters.
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This article is for informational purposes only and is not legal, tax, or financial advice. The information presented here is a general overview and is not all-encompassing; it may not cover every requirement, exception, permitting process, enforcement practice, or recent update in each location. Short-term rental laws and tax rules vary by location and can change, so verify current requirements and consult a qualified attorney or professional for guidance.
FAQs
Are short-term rentals legal in New York?
Yes, but only if you follow New York’s short-term rental rules. In general, a short-term rental means a stay of fewer than 30 consecutive days, and legal short-term rentals must be in a property that’s allowed under zoning/building rules, must be the host’s primary residence, and the host must be present during the guest’s stay. Landlords cannot rent out an entire apartment or home as a short-term rental, and no more than two renters can stay at one time.
Do I need a license or permit in New York to operate a short-term rental?
Yes, you need to register your short-term rental with the Office of Special Enforcement (OSE).
Does a short-term rental have to be my primary residence in New York?
Yes, to be legal, the short-term rental must be your primary residence, and you must be present during the renter’s stay. Additionally, the property must be legally allowed to be rented (correct zoning and not on a prohibited building list).
