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The law on apartment rentals please clarify!

Worcs
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The law on apartment rentals please clarify!

I've been reading lots of different pieces on this, is it correct that if the building has less than three apartments it is legal to rent out?

conn
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1. Re: The law on apartment rentals please clarify!

lots of legal rental buildings have more than 3 units. are you maybe thinking of sub leasing?

Brooklyn, NY
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2. Re: The law on apartment rentals please clarify!

It CAN be legal to rent for less than 30 days if it's not a Class A building, which is 4 or more units. It's not an automatic indicator of legality, though it's a big part of the law.

Brooklyn, NY
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3. Re: The law on apartment rentals please clarify!

Snowman, we're talking specifically about short term rentals.

Melbourne, Australia
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4. Re: The law on apartment rentals please clarify!

Hi Sonia,

The second FAQ over on the right of the page (viewable on computer or a tablet but not a 'smart' phone) is about vacation apartment rentals. It includes lots of resources and hope it helps you find the answer to your question.

"Vacation Apartment Rentals Violate NYC Laws"

I think two issues are that the smaller residences are often not in areas of NYC where tourists want to stay and that while it might be legal vis the law, it might still contravene 'by laws' of the building.

Queens, NY
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5. Re: The law on apartment rentals please clarify!

Not many buildings of fewer than four units have "bylaws."

The major issue is that it's very hard to find buildings that small in parts of the city where tourists tend to stay.

New York City, New...
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6. Re: The law on apartment rentals please clarify!

Renting an apartment for less than 30 days when the primary occupant is not living is illegal.

Rentals for less than 30 days are legal if a resident of the space is there at the time of the rental.

forbes.com/sites/…

You may refer to the copy of the ruling in the article below.

techcrunch.com/2013/…

San Diego...
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7. Re: The law on apartment rentals please clarify!

Here is the apt the OP was looking at - mentioned in her other thread

https://nycvacationrental.shutterfly.com/

tripadvisor.com/…55535257

New York City, New...
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8. Re: The law on apartment rentals please clarify!

Also to clarify, Renting an apartment for less than 30 days when the primary occupant is not living is illegal. It is legal as long as it has a hotel license like Radio City Apartmets

http://www.radiocityapts.com/

Brooklyn, NY
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9. Re: The law on apartment rentals please clarify!

**Also to clarify, Renting an apartment for less than 30 days when the primary occupant is not living is illegal. It is legal as long as it has a hotel license like Radio City Apartmets**

You still need to clarify. You wrote "when" vs what you probably wanted to...."where."

Astoria, New York
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10. Re: The law on apartment rentals please clarify!

Here is a link to the 2010 state law that forbids short term rentals.

nyc.gov/html/…NYS_chapter_225.pdf

From nytimes.com/2011/…

"The minimum allowable rental period for an apartment, depends not on the building’s height or size, but on a set of rules based on the type of unit — Class A or Class B — that was originally listed in the building plan. Most regular apartments are Class A; Class B includes single-room occupancy buildings and some other types. In rare cases, a building might have both Class A and Class B apartments. Class B apartments may be rented for less than 30 days; rentals on Class A apartments must be 30 days or more.

So, how to tell which is which? On the Buildings Department’s Web site ( www.nyc.gov/html/dob/html/home/home.shtml ) people can use the computerized Buildings Information System http://a810-bisweb.nyc.gov/bisweb/bsqpm01.jsp to view a particular building’s certificate of occupancy, which will reveal its classification."

If you search this forum you will find numerous stories from travelers who decided to ignore the risks and were disappointed at best: misrepresentation, bait-and-switch and and outright scams are possible.

if you need amenities such as a kitchen, there are legal "apartment style hotels".

Staying in an apartment, coop or condo where the tenant is present is most likely a violation of the building lease and/or ownership agreement, and is not without risk either.

Edited: 24 January 2014, 00:55