The short answer; Yes! The long answer is; It’s complicated.
New York City recently passed a law that has “banned” renting out your apartment out for less than 30 days. This isn’t the whole story though, as there are certain circumstances where it’s completely legal to sublet or rent out your apartment!
For those of you with roommates, you’re in luck. The law carves out a specific exemption for people who are subletting a single room, and not an entire apartment. If you’re only renting out your room, and there are other people living in the same apartment, then it’s completely legal to rent your apartment out for less than 30 days!
Now remember, if you’re a renter this doesn’t mean it’s in line with your landlord lease, and most leases will have provisions that specifically prohibit rentals for less than 30 days, but for you owners out there, and for those of you who have a landlord that’s willing to work with you, then you’re good to go.
There’s a few requirements you need to have in order to fall under this exemption. All information for this post was taken from New York City’s Office of Special Enforcement.
1. The Primary Resident Must Be Present
- For a short-term sublet (less than 30 days), the primary tenant must continue to live in the apartment while renting out the room. Renting out the entire apartment for less than 30 days is generally prohibited unless it’s a registered hotel or similar establishment. The trick is, this doesn’t have to be you! If your roommate will still be living in the apartment while you’re gone, then it’s completely acceptable to rent out the apartment while you’re away.
2. The 2-Guest Limit
- You can have up to two guests staying with you at the same time, regardless of the size of the apartment. This rule applies even if your apartment is large enough to accommodate more people. This is due to NYC zoning restrictions. 2 People per bedroom, max.
3. The Apartment Must Be Lawful
- The unit being sublet must be a legal dwelling. This means it cannot be an illegal basement apartment or other units that don’t comply with NYC building codes.
4. Obtain Permission (if required)
- Check your lease: Some leases explicitly prohibit subletting, even for short periods. If your lease requires landlord permission, you need to obtain written consent from your landlord before subletting. If you don’t have this consent, then you may be in violation of your lease terms. This doesn’t mean you’re breaking the law, but it does mean your landlord may demand you stop.
6. Compliance with Zoning Rules
- The sublet must comply with any applicable zoning regulations, especially in residential areas that may have restrictions on short-term rentals.
7. Fire and Safety Codes
- The property must meet fire and safety codes required for occupancy. This includes ensuring proper exits, smoke detectors, carbon monoxide detectors, and other safety measures are in place. If your apartment is already in line with these codes, you have nothing to worry about.
8. Security Deposit
- If you collect a security deposit from your subtenant, it must be handled according to NYC landlord-tenant laws. This generally means the deposit should be returned after the sublet period unless there’s damage or unpaid rent.
- Remember, your potential tenant is just as worried about getting scammed as you are, so make sure that your tenant trusts and is comfortable giving you a security deposit. They are probably worried you won’t return it at the end of your lease.
9. No Illegal Short-Term Listings
- NYC strictly enforces rules against short-term rentals through platforms like Airbnb. Listings that violate the short-term rental laws may result in significant fines.
HousingPanda.com is the only platform that actually checks to make sure that all our users are in compliance with NYC law. We’re a platform built for people looking to sublet like you, not corporate hosts renting 100 apartments at once.
If you’re looking to sublet your room for less than 30 days, consider HousingPanda! We’ve got your back and will ensure you find a quality tenant.
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