New NY State law for Airbnb and other short-term rentals
#16
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Tenants in NYC have the right to a roommate, and there's no legal restriction on partial unit rentals for <30 days. So, nerd would be completely in his rights to rent out a room in his apartment on AirBnB on a day-to-day basis. If we're talking about the whole apartment, then (a) the sublet needs to be for >=30 days, and (b) it needs to be allowed in the lease.
Note, if nerd is a rent-stabilized tenant, then things are a bit different. Rent-stabilized tenants are allowed to sublet (again, for >=30 days), and the landlord can't unreasonably refuse the sublet. That said, sublets can only charge what the tenant is paying plus 10%. If you're getting a roommate in a rent-stabilized apartment (which doesn't require landlord approval), they can only be charged a proportional share of the rent. For example, if your monthly rent is $2000, and you brought in an AirBnB "roommate," you could only charge 2000/2=1000/30 days per month=~$33 per night. Charging more is profiteering, and grounds for lease cancellation.
Note, if nerd is a rent-stabilized tenant, then things are a bit different. Rent-stabilized tenants are allowed to sublet (again, for >=30 days), and the landlord can't unreasonably refuse the sublet. That said, sublets can only charge what the tenant is paying plus 10%. If you're getting a roommate in a rent-stabilized apartment (which doesn't require landlord approval), they can only be charged a proportional share of the rent. For example, if your monthly rent is $2000, and you brought in an AirBnB "roommate," you could only charge 2000/2=1000/30 days per month=~$33 per night. Charging more is profiteering, and grounds for lease cancellation.
#18
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Do we have any numbers here? The turnover in rental apartments is extremely low. It would take a long time for a significant number of them to be taken off the rental market and converted to full-time nightly rentals. The AirBnB market is dominated by tenants renting out their place, not landlords.
1. Host has only one apartment listed with AirBnB.
2. Host has only offered the apartment for rent <50% of the time.
I would bet that the share of rental nights hosted by people who fit this description is a long way from "dominat[ion]."
#19
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#20
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It is basically a numbers game. There are FAR more "real" hosts than not. But the ones running illegal hotel operations do it far more aggressively and make a lot of money (for themselves and for AirBnB) in the process.
Could be worse, though. In the Singapore building I stayed in last week via an AirBnB booking there was a sign indicating the laws can apparently result in jail time and/or a S$200,000 fine for sublest <6 months.
#21
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Subletting was mentioned in the "Your lease allows it" context, which interpreted as referring to a legal sublet, not the nightly/weekly/illegal AirBnB type.
#22
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Among other research on the topic, http://insideairbnb.com/new-york-city/ has some data.
It is basically a numbers game. There are FAR more "real" hosts than not. But the ones running illegal hotel operations do it far more aggressively and make a lot of money (for themselves and for AirBnB) in the process.
It is basically a numbers game. There are FAR more "real" hosts than not. But the ones running illegal hotel operations do it far more aggressively and make a lot of money (for themselves and for AirBnB) in the process.
#23
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Your original comment was that AirBnB was dominated by tenants renting out their own apartments (i.e. subletting, whether legal or illegal), not landlords. I think the data would show that a huge chunk of AirBnB's business in NYC comes from the owners of apartments illegally renting them out on a short-term basis.
#24
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Your original comment was that AirBnB was dominated by tenants renting out their own apartments (i.e. subletting, whether legal or illegal), not landlords. I think the data would show that a huge chunk of AirBnB's business in NYC comes from the owners of apartments illegally renting them out on a short-term basis.
#25
Join Date: Jan 2003
Location: NYC
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And while I'm sure that a majority of unique NYC "hosts" are ordinary people occasionally renting out their primary residence, I'd be willing to bet that the actual number of nights booked on Airbnb into those primary residences are dwarfed by the number of nights booked into apartments that are dedicated full-time (or nearly full-time) to Airbnb, VRBO, and the like.
You need a whole ton of hosts renting out their residences a few weekends a year to catch up to the number of nights booked into just one apartment that is available every night of the year.
#26
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The claim is that AirBnB is reducing the rental housing stock. If that's the case, then a lot of the AirBnB inventory would be from landlords who have taken an apartment out of the rental market and turned it into a full-time AirBnB property.
#27
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And my initial comment in the "hotel suggestions" thread was that I expect that this is the case.
http://www.flyertalk.com/forum/new-y...23-2016-a.html
http://www.flyertalk.com/forum/new-y...23-2016-a.html
#28
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And my initial comment in the "hotel suggestions" thread was that I expect that this is the case.
http://www.flyertalk.com/forum/new-y...23-2016-a.html
http://www.flyertalk.com/forum/new-y...23-2016-a.html
#29
Join Date: Apr 2002
Location: NYC
Posts: 9,137
There are about 3.4 million housing units in NYC and a reported 42,000 AirBnB listings = 1.2%. Some 19,000 of these are private room/share (according to AirBnB) so that leaves about 0.7%.
As a portion of these are renters/owners renting out their primary residence the actual number of commercial operators will be only a subset.
So pretty difficult for it to have any significant impact.
As a portion of these are renters/owners renting out their primary residence the actual number of commercial operators will be only a subset.
So pretty difficult for it to have any significant impact.
#30
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To say nothing of eroding the tax base and other challenges it presents.
Last edited by sbm12; Oct 29, 2016 at 6:01 pm