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AirBnB / New York - Can someone clarify?

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Old Feb 15, 2014, 5:32 pm
  #1  
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AirBnB / New York - Can someone clarify?

I'm heading to New York in a couple of months time and we've been looking at apartments as it's such a nicer choice than staying in a hotel, we recently stayed in an apartment in Berlin and it was lovely, far more comfortable.

Anyway, I've now read on various forums that Airbnb is illegal in New York - yet airbnb has thousands of apartments listed on the site?

Is it actually illegal? Is it not worth the hassle, whats the risk here?
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Old Feb 15, 2014, 6:27 pm
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AirBnB / New York - Can someone clarify?

It is illegal, but the person listing apartments is the one breaking the law.
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Old Feb 15, 2014, 6:38 pm
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Originally Posted by mrsyeltzin
It is illegal, but the person listing apartments is the one breaking the law.
Absolutely incorrect. It's 100% legal as long as a resident is present during your stay.
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Old Feb 15, 2014, 8:07 pm
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AirBnB / New York - Can someone clarify?

So it's not 100% incorrect, is it?
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Old Feb 16, 2014, 4:11 am
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So not totally clarified.
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Old Feb 16, 2014, 10:53 am
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On the plus side, you get more for your money, etc.

Downside - one of the risks: if the property gets visited, a Vacate Order can be issued by the inspector (usually in response to a complaint) - occupants could be left without a place to stay/sleep for the night and scrambled to find alternate lodging, which can be tough during peak seasons & holiday travel period ...
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Old Feb 16, 2014, 4:39 pm
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Originally Posted by Letitride3c
Downside - one of the risks: if the property gets visited, a Vacate Order can be issued by the inspector (usually in response to a complaint) - occupants could be left without a place to stay/sleep for the night and scrambled to find alternate lodging ...
Ya, IIRC it was something like that - kind of left in grey area.

People still rent, but if there is a complaint, all bets are off.

I would not do it in NYC without good reviews and a backup plan (think hotel points)
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Old Mar 6, 2014, 4:52 pm
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I have "sub-leased" my apt in NYC a few times.

I wasn't worried about it at all. As long as you are not going to make parties and keep to yourself, the chances that something will happen is less than 0.001%.

I asked them to say they are my friends and staying in my place while i went back home.
As long as you don't say there is money involved it's should be fine.

but hey, it's NY, no one will ask you.
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Old Mar 7, 2014, 1:24 pm
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Originally Posted by sgideons
Absolutely incorrect. It's 100% legal as long as a resident is present during your stay.
totally wrong.

it's illegal to rent out a private residence for less than 30 days in NYC.
Also, most AirBNB apartments/home owners, etc, don't pay legal taxes and are permitted or inspected by safety & fire code rules.

That's the main issue.
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Old Mar 18, 2014, 5:53 pm
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Rented out his 1 BR luxury apartment and got famous, now he is getting evicted by the building's co-op board. As for the doorman & his neighbors, don't ask ...

http://www.huffingtonpost.com/2014/0...n_4978830.html
http://www.nydailynews.com/new-york/...icle-1.1723825
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Old Mar 18, 2014, 8:31 pm
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Originally Posted by sgideons
Absolutely incorrect. It's 100% legal as long as a resident is present during your stay.
A point for the lawyers, but what constitutes being present? Obviously both parties do not have to be together 100% of the time. What if the owner spends 10 minutes there every day?
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Old Mar 18, 2014, 11:03 pm
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Originally Posted by Letitride3c
Rented out his 1 BR luxury apartment and got famous, now he is getting evicted by the building's co-op board. As for the doorman & his neighbors, don't ask ...

http://www.huffingtonpost.com/2014/0...n_4978830.html
http://www.nydailynews.com/new-york/...icle-1.1723825
Update from Airbnb - "We've reimbursed the host for damages to his apartment and ensured he has a new place to stay. In the days ahead, we'll continue to work with the host to assist him with his additional needs and we will work cooperatively with any law enforcement agencies that investigate this matter."
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Old Mar 22, 2014, 10:37 am
  #13  
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A bit late but for clarification.

A B&B is legal in New York. That is the point about 'being present'. If the owner is LIVING in the property and you rent a room, you are fine. In other words a typical B&B arrangement.

If the owner is NOT living in the property and you rent for less than 30 days then it is an illegal rental.

Last edited by EmailKid; Mar 22, 2014 at 8:55 pm Reason: Deleted personal attack
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Old May 8, 2014, 12:53 pm
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You have nothing to be concerned.
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Old May 13, 2014, 10:04 pm
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For now, until the next rounds - when NY's AG go back to court - http://www.nytimes.com/2014/05/14/te...=business&_r=0
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