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Short-Term Residential Rentals*

NYC Admin. Code tit. 26, ch. 21
in effect

NYC Admin. Code § 26-2101 (record 0-0-0-48094) Definitions.

§ 26-2101 Definitions.* * Editor's note: there are two sections designated as § 26-2101. As used in this chapter: Administering agency. The term "administering agency" means the office of special enforcement, as established under executive order number 96 for the year 2006, or such other agency as the mayor may designate by executive order. Booking service. The term "booking service" means a person who, directly or indirectly: 1. Provides one or more online, computer or application-based platforms that individually or collectively can be used to (i) list or advertise offers for short-term rentals, and (ii) either accept such offers, or reserve or pay for such rentals; and 2. Charges, collects or receives a fee for the use of such a platform or for provision of any service in connection with a short-term rental. A booking service shall not be construed to include a platform that solely lists or advertises offers for short-term rentals. Building. The term "building" means a building as defined in the New York city building code that is located in the city. Class B multiple dwelling. The term "class B multiple dwelling" shall have the meaning ascribed to such term in the housing maintenance code. Directly or indirectly. The term "directly or indirectly" means a person acting directly or indirectly through any subsidiary or affiliate thereof to perform the activity described in the definition of booking service. Dwelling unit. The term "dwelling unit" means a dwelling unit, as such term is defined in the housing maintenance code, that is located in a building within the city. Host. The term "host" means a person other than a booking service, including a co-host, who uses a booking service to offer, manage or administer a short-term rental. Qualifying Listing. The term "qualifying listing" means a listing or advertisement that offers a short-term rental via a booking service, and: 1. such listing or advertisement offers or appears to offer the short-term rental of an entire dwelling unit or housing accommodation, or 2. such listing or advertisement offers or appears to offer a short-term rental for three or more individuals at the same time. Short-term rental. The term "short-term rental" means a rental for occupancy of fewer than 30 consecutive days of (i) a dwelling unit or part thereof or (ii) housing accommodations within a building. (L.L. 2018/146, 8/6/2018, eff. 2/2/2019; Am. L.L. 2020/064, 7/7/2020, eff. 1/3/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2018/146.

NYC Admin. Code § 26-2102 (Requirements for booking services) Requirements for booking services.

§ 26-2102 Requirements for booking services.* * Editor's note: there are two sections designated as § 26-2102. a. A booking service shall periodically submit to the administering agency a report of transactions associated with a qualifying listing for which the booking service charged, collected or received a fee, directly or indirectly, for activity described in the definition of booking service. Each short-term rental associated with such fee is considered to be a separate transaction. The report shall be submitted in a time, manner and form established by such agency, including but not limited to, electronic submission in a format established by such agency. The report shall be submitted on a quarterly basis, or less frequently as determined by such agency. A booking service need not report any information for transactions associated with a qualifying listing when all such transactions within a reporting period result in the rental of a dwelling unit or housing accommodation for an aggregate of four days or less. Such report shall include the following information for each such transaction or, in instances where such information is unavailable to the booking service, an explanation of why such information is unavailable: (1) The physical address of the short-term rental associated with such transaction, including the street name, street number, apartment or unit number, borough or county, and zip code; (2) The full legal name, physical address, phone number and email address of the host of such short-term rental and the uniform resource locator (URL) and the individualized name and number of such host on such booking service's platform; (3) The individualized name and number and the URL of the associated qualifying listing; (4) A statement as to whether such short-term rental transaction involved (i) short-term rental of the entirety of a dwelling unit or housing accommodations in a building or (ii) short-term rental of part of such unit or housing accommodations; (5) The total number of days that the dwelling unit, part thereof or housing accommodations in a building were rented as a short-term rental through such booking service's platform; and (6) If such booking service collects rent for short-term rentals on behalf of such host, (i) the total amount of such rent received by such booking service and transmitted to such host and (ii) the account name and consistently anonymized identifier for the account number for the account used by such host to receive payments from such booking service or, if such booking service provides an explanation why such anonymized identifiers are unavailable, the account name and account number for such account. b. A booking service shall obtain, from each host using such booking service to offer, manage or administer a short-term rental, lawful consent to provide the information described in subdivision a to the administering agency. Obtaining lawful consent may include, but is not limited to, advising or providing notice to a user of the booking service that new or continuing use of such booking service as a host constitutes consent to such disclosure. It shall not be a defense to a violation of subdivision a that the booking service did not obtain consent. (L.L. 2018/146, 8/6/2018, eff. 2/2/2019; Am. L.L. 2020/064, 7/7/2020, eff. 1/3/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2018/146.

NYC Admin. Code § 26-2103 (Exemptions for certain class B multiple dwellings) Exemptions for certain class B multiple dwellings.

§ 26-2103 Exemptions for certain class B multiple dwellings.* * Editor's note: there are two sections designated as § 26-2103. The administering agency shall publish a list of class B multiple dwellings lawfully used for transient occupancy, as compiled by such agency. The provisions of subdivisions a and b of section 26-2102 shall not apply to short-term rental of a dwelling unit or part thereof or of housing accommodations within a building in a class B multiple dwelling on such published list. Such agency shall promulgate rules that (i) establish a process for an owner of a class B multiple dwelling to have such multiple dwelling included on such list and (ii) provide for the review and updating of such list no less than every six months. The administering agency shall revise such list when notified of an error by the department of buildings or other agency. (L.L. 2018/146, 8/6/2018, eff. 2/2/2019) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2018/146.

NYC Admin. Code § 26-2104 Penalties.

§ 26-2104 Penalties. A booking service that fails to submit a report in compliance with subdivision a of section 26-2102 shall be liable for a civil penalty, to be assessed once per reporting period for each qualifying listing for which any of the information required pursuant to section 26-2102 is missing, incomplete or inaccurate. The civil penalty shall not be more than the greater of $1,500 or the total fees collected during the preceding year by the booking service for transactions related to the qualifying listing. The civil penalties established by this section may be recovered in a proceeding before the office of administrative trials and hearings or a court of competent jurisdiction. (L.L. 2018/146, 8/6/2018, eff. 2/2/2019; Am. L.L. 2020/064, 7/7/2020, eff. 1/3/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2018/146.

NYC Admin. Code § 26-2105 Privacy.

§ 26-2105 Privacy. a. Information reported pursuant to section 26-2102 shall be available for public review only to the extent required by federal, state and local law. b. The administering agency shall establish rules governing retention and disposal of information obtained pursuant to this chapter. (L.L. 2018/146, 8/6/2018, eff. 2/2/2019) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2018/146.
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-48092Fetched: 10/24/2026

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