nyc1001, can you direct us to a document from the mayor's office or an official city website that spells this out for us?

Surely it must be down in black and white somewhere, and is available as public information.

There is not one place where you can look to find the law. Ineresting enough there is a law that will likely get passed in New York State shortly. Senate Bill 6873 referred to as the "Illegal Hotel Bill" which basically states that apartments must be rented for 30 days or longer and if not, would be considered an illegal hotel stay.

Here is the Bill:

http://open.nysenate.gov/legislation/bill/S6873A

Have fun reading!

So am I to understand that it has not yet passed?

If not, how were you able to state previously: "It is illegal in ALL residential apartment buildings to rent apartments for less than 30 days, period."

One is a New York City law while the other is a New York State law.

If you were to look at a combination of the NYC building and fire codes as well as New York State Housing laws you would understand that the 30 day law is in place. However, there is some ambiguity and the state legislature is about to pass this bill to clear things up. There was a lot of news over the past year in Manhattan (Google illegal hotels") about landlords operating illegal hotels in NYC. Some buidlings were actually closed down. Legislation was needed as was obvious to the politicians. There is very little new in this law...it just clears things up.

On another note with all complaints from NYC residents about the short terms stays there was a push to change the minimum length of stay from 30 days to 90 days. There was lots of push back from the real estate world and that proposal was dropped. This new law is being supported by tenant and landlord groups...it will definitely pass.

Here is the beginning of the issue...the new state law should help both tenants and landlords.

http://www.nysun.com/new-york/crackd...he-city/79075/

Thank you, nyc1001.

This will certainly be interesting to watch in coming months.

Interesting how my original lighthearted post morphed into such a serious discussion!

Everyone who visits these travel sites knows about illegal rentals in NYC. Everyone also knows there are troublemakers on these sites who are hawking their Own apartments to be used for short-term rentals and have absolutely no regard for the law, others' safety, tenants rights and building by-laws. There are plenty of apart-hotels in the City for less than $450.00 a night (especially during the summer, the City's slow season) that are legitimate. Do a search on Trip Advisor's New York City forum for 'apartments' and another for 'apart-hotels' and you'll be further educated about the illegality of short term apartment rentals.

I seriously had no clue. I've been to New York several times but have always used hotels. The idea to look for a corporate apartment to accommodate my large group was actually given to me by a New Yorker!

I am certainly more informed on the subject now!

Neopatrick -

Well - I guess an attorney has spoken.

But the basic problem is the same. People living in the building want security. If someone (anyone) in the building is illegally subletting apartments - for any term of rental - the security has been breached - since unapproved people have access to all of the public areas of the building. Just because someone can pay a certain amount for an apartment doesn't guarantee their behavior - either in terms of legality, or in terms of not being a nuisance - in a whole host of ways.

Sorry - I think tourists should stay in hotels, B&Bs or apart hotels (if they want those facilities) and not live illegally in other people's private residences (which is what these buildings are).

Here's an article I just received
http://current.newsweek.com/budgettr...a_crackdo.html
"The new law would be a blanket ban on short-term rentals no matter how ethical the renter is. (It's always been illegal to violate co-op leases and condominium bylaws.)"

I can't believe the guy writing the article objected to the law.

Where does he think these "legal" sublets are. Co-op leases won;t allow it. Condo by-laws don;t allow it. And any rental landlord that fins a tenant doing a sublet without letting him know will use that to pry them out of the apartment (they don;t want transients either).

So - that leaves people who own private houses in Manhattan.

I can just see the owners of these multi-million dollars townhouses renting out a spare bedroom. Perhaps Mayor Mike can sublet rooms in Gracie Mansion.

NY traveler, I'm curious if you think "tourists should stay in hotels, B&Bs or apart hotels . . ." all over the world, or do you only concern yourself with NYC since that's where you are? New York seems to be very unique in that regard.

I hate to tell you, but there are thousands and thousands of short term rentals in "private residential buildings" all over the world -- Rome, London, Singapore, Bangkok, Buenos Aires, Tokyo, Paris -- the list is endless. And it doesn't seem to be a real issue in any of those other cities. I can't help but get the feeling there is something unique about many New Yorkers who seem to feel that any "visitor" in their private building is going to be a total nightmare for them. Is there a reason they think this while residents in other cities around the world do not?

I've been welcomed by neighbors in short term rentals in many of those cities above, and no one seems to assume that anyone looking for a nice vacation apartment is going to be a criminal and ruin their private lives, as so many New Yorkers seem to feel.

(Please note, I'm not talking about laws or rules here, I'm only talking about the extreme difference in attitude that clearly you and others in NYC have as opposed to the attitude of those around the rest of the world.)

If the rules in other cities allow private rentals - then so be it.

The laws in New York do not. And as a New Yorker, I sympathize with residents of other buildings who prefer that transient strangers not be given access to their private residences.

I don;t know the attitudes or people in other places. Perhaps they don;t mind strangers wandering around in their homes. But- it's not really my business. NYC is. (Perhaps this is the reason our real estate market is so dominated by co-ops - almost unknown in other places - which allow owners to be very particular in picking their neighbors - to assure that they are comfortable in the public areas of the homes they have to share.)

It is also illegal to rent short term apartments in New Orleans, LA and there has been quite a bit of discussion about the laws changing in Paris as well. Paris law is moving toward heavy penalties for those who participate in short term rentals.

It would make the most sense that the resistance to let apartments for short term use is initiated by a. tax dollars being 'missed' and b. safety concerns.

Remember though, that is it legal (in some buildings - not all, obviously, due to condo or co-op by-laws)to sublet a NYC apt. for 30+ days (you are not required to be actually sleeping there for all 30 days.)

It is also perfectly legal to be a guest of an owner, even if they are not in residence at the time - buildings have their own rules how long guests are allowed...usually up to two weeks is fine, as long as they are registered with management as your guest and the unit owner files the appropriate documentation with the building.

I also believe there is a legal provision in NYC that allows for pet-sitters and/or plant-waterers; it is perfectly legal (again, depending on individual building rules, of course) to stay in someones apartment to care for their pets and plants. just food for thought. (full disclosure - I am completely bias and have two vacation rentals I rent on short-term basis...not in NYC though.)

It is perfectly legal to have "guests" - but the presumption by co-op and condo boards (often in writing) is that the guests are family or friends - whom you know and can vouch for. The idea being to preserve the security of the building -preventing problems for the tenants.

My building requires an electronic fob to enter. When the system was put in each apartment owner was allowed to obtain the same number of fobs as they have residents. If they wanted extra fobs for any other reason they had to apply to the board in writing - and give detailed information about who would have the fob. (Obviously this prevents the tenant from making a lot of extra keys and strewing them around at random to friends or boy/girlfriend from whom they never retrieve them.)

When tenants move out they have to return the fobs. The fine for a first lost fob is $500. If it happens more than once to the same tenant and the system has to be refobbed the cost to the careless tenant is more than $6000. People who have guests can apply for an additional fob for a specific amount of time; the application reinforces that the tenant is responsible for any damage done by the guests.

So far we have had 3 lost fobs (each by a careless teen) and one stolen (the tenant's purse was stolen - and we refobbed at no cost).

So - yes, having guests is certainly possible - but in many buildings it's not that easy to have guests for more than a day or two.

And a regularly changing rotation of guests, pet-sitters, and plant-waterers would look suspicious very quickly in any co-op, condo, or rental building.

And all these types of buildings would require management or board approval for any sublease to be legal.

I don't have any problem with that - buindings and management should be allowed to make and enforce any rules they see fit for the security or comfort of their residents. My opposition is government dictating what should (IMHO) be a building choice.

"And a regularly changing rotation of guests, pet-sitters, and plant-waterers would look suspicious very quickly in any co-op, condo, or rental building"

suspicious or not, it is certainly legal as long as each has a 30 day+ lease...and permissible in many buildings (although, I doubt ever in a co-op!) I travelled extensively while living in NYC and always sublet my apartments while I was away for the Summer or allowed a friend to use it free of charge in exchange for taking care of my cocker spaniel (still legal, BTW - even with the new proposed regulation.) Most New Yorkers have, don't you think?

BTW, nytraveler - no, not diffucult ever to have extended guests for more than a day or two in many buildings - over the years, I never had a problem with roommates, out-of-town friends, boyfriends, etc. - first in a very small building with a live-in super and then in a full-service doorman building - these were, indeed, guests of mine and there was certainly no sneaking around, etc. (and, honestly, I don't think that's the aim of the legislation - you can still have anyone stay in your place within the building rules...you just cannot be paid for it...unless it is over 30days.)