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Airbnb V Trip Advisor Vacation Rentals

Auckland, New...
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Airbnb V Trip Advisor Vacation Rentals

I am confused with previous posts about Airbnb rentals been illegal - what is the difference with booking a Vacation Rental thru this site under the vacation rental tab above. These look like normal apartments that locals could be living in so I don't understand why they are not illegal too.

We are planning a trip for late in 2014 and as a family of 5 I want to find the best deals for accommodation but do not want to risk renting anything illegal so when working out my budgets to begin planning our trip do you think I can rely on the accommodation rentals and prices shown in this website under vacation rentals? If not are there any sites for legal apartment rentals that I should look at?

Thanks for any advise

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Brooklyn, NY
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1. Re: Airbnb V Trip Advisor Vacation Rentals

The vast majority of vacation rentals for less than 30 days are illegal in NYC....and some are outright scams! It does not matter where they are listed.....Tripadvisor has them listed and those should also be considered illegal.

You will need a hotel or hotel style apartment when you visit.

Astoria, New York
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2. Re: Airbnb V Trip Advisor Vacation Rentals

"I don't understand why they are not illegal too." They probably are illegal.

Read the "Vacation Apartment Rentals Violate NYC laws" FAQ at right on this page.

LOCAL laws vary and websites are unable to vet every situation and they are protected from legal liability due to the contractual disclaimers/agreements they have with their users. NYC laws are unusually strict.

There are legal "apartment style" hotels.

If you provide specifics about dates, number of beds needed, target budget in US$, etc. the hotel experts here can advise.

Brooklyn, NY
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3. Re: Airbnb V Trip Advisor Vacation Rentals

"These look like normal apartments that locals could be living in so I don't understand why they are not illegal too."

Bingo.

Melbourne
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4. Re: Airbnb V Trip Advisor Vacation Rentals

There are apartment-style hotels that can sleep 5 people (usually 2 beds + sofa bed).

Do you have a specific month in mind for your trip at the moment? A lot of the later months (Sept - Dec) can be very expensive for a variety of reasons. If you have an idea of what month you're thinking of coming, the experts can probably give you a general idea of the type of nightly budget you should be expecting. However prices can differ by date and it's still a fair way off, so you won't get much specific advice yet.

Eg - in September, $250/night will barely get you a hotel room for 2 people let alone 5....

NYC/Israel
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5. Re: Airbnb V Trip Advisor Vacation Rentals

There is no difference between the Airbnb and Trip Advisor Vacation REntals. There is a good chance that they are BOTH illegal. You are 100% correct in that they look like normal apartments. Those that are not scams ARE normal apartments. There are a number of problems with renting them.

A. there is a law in NYC that says rentals for less than 30 days are ILLEGAL unless the person who hold the lease is also living in the apartment the same time the vacationeer is. In other words, it has to be a hosted rental.

B.. Even if it was legal most of NYC apartments are either Co ops, Condos or Rent Stabilized. This creats new problems.

---------- a. Rent Stabilizied tenants can not sublet their apartment without previous approval of their landlord and only a limited amount of time in a lease ( I think once) There is also a regulated amount they can charge and the landlord has the right to say NO!

------------ b.. Co ops are legally owned by the corporation which owns the building and residents hold a proprietary lease. They can not sublet without prior permission of the co op Board of Directors. Generally speaking neither Boards nor other residents want transients in their building and if the person who owns the shares and lives in the apartment asked, they would be told NO!

---------- c. Condos--Some Condos operate under co op rules in which case see b above. Others operate as strict condo and you would probably be allowed to rent an apartment in these buildings were it not for NYC laws.

---------- d, There are also free market rentals. They can't be rented for a combination of NYC laws and the fact that many leases are written prohibiting rentals.

C. You can find a legal less than 30 day rental if you can find a two or three family home. THese are pretty much non-existant in Manhattan.

D. Trip Advisor accepts listings since Trip Advisor is a business. Somewhere in the fine print they cover this.

E. Don't think you won't be caught. NYState District of Attorney is actively looking for these units. ( they do not pay City hotel tax) Building Residents are turning neighbors in, since they do not want transients in their buildings.

Hope this helps. BTW to those wondering why I wrote this all out--I am feeling in a good mood. Last night I was snarky, today I am mellow -:)

edited to add: GRRR I indented the points with lower case letters to make an outline--even now it shows the indentations but when you post the formatting is lost. sorry guys--I am going to add ----where there should be indents.

Edited: 23 October 2013, 01:57
Brooklyn, NY
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6. Re: Airbnb V Trip Advisor Vacation Rentals

**These look like normal apartments that locals could be living in so I don't understand why they are not illegal too.**

They are illegal because that is the law.

When I go to other countries/cities and would like to get a beer and walk around in the street with it....I can't. Why? It's the law. I don't break the law because I am on vacation and feel that it is not reasonable or don't understand why it IS the law.....

Auckland, New...
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7. Re: Airbnb V Trip Advisor Vacation Rentals

That for all the replies - all good information to know.

Due to my older kids exams we can't travel until the around the 17th December (this is 2014). I have been to NY twice before, both times in summer so am really looking forward to seeing it in winter and decorated for Christmas. For this reason I was thinking of doing the NY portion of our trip first so arriving around 18th December and staying fro 5-7 nights. If there is a huge cost saving I could change it too doing NY at the end which would be around 20th Jan 2015 but would miss out on seeing the Christmas decorations.

I don't have any price per night in mind but we prefer to spend money on food and attractions rather than upmarket accommodation but one the other hand don't want anywhere that I would worry about bed bugs. The lower the cost the better but will pay whatever we need to too have reasonably comfortable accommodation close to subway or transport. Good thing I have over a year to save!!

Thanks again for your help.

Brooklyn, NY
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8. Re: Airbnb V Trip Advisor Vacation Rentals

I would be FAR more worried about bed bugs in a random person's apartment than in a hotel, where they know how to check for bugs and exterminate.

Astoria, New York
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9. Re: Airbnb V Trip Advisor Vacation Rentals

Sharon, you may want to start a new thread with a specific hotel inquiry title that will get the hotel experts attention.

Be sure to include specifics about dates, number of beds needed, target budget in US$, etc. (Do you really need the amenities of an apartment such as a kitchen?) Two connecting hotel rooms might be the best value (plus would have two bathrooms...)

Auckland, New...
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10. Re: Airbnb V Trip Advisor Vacation Rentals

ter1413 I thought I was quite clear that I wanted to know what the difference was so I would NOT be doing anything illegal - like you I don't expect to be treated any differently just because I am on vacation hence my asking the question. I just could not follow why this website was advertising something that could be illegal. Thanks to the replies above I now understand.