New York shortterm rental regulations start in 2025
Dec 23, 2024
ALBANY, N.Y. (NEXSTAR) — A new regulation targeting short-term rental units—like those listed on Airbnb or Vrbo—takes effect in New York around March 25. In the waning days of December, Gov. Kathy Hochul signed S885C/A4130C, requiring hosts to add their properties to a registry.
It's the nation's first statewide short-term rental registry, designed by legislators to ease the housing crisis. The law defines a "short-term rental unit" as a residential unit rented for under 30 days.
"This law will provide communities with the tools necessary to track and analyze how short-term rental units impact their local housing markets," said Democratic Assemblymember Pat Fahy.
Property owners or operators of short-term rentals must register with the Department of State (DOS) or a municipal system. Any booking service that facilitates such rentals also has to verify registrations and registration numbers, and remove any listings for unregistered properties.
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With the intent of blocking illegal rentals, it also mandates that booking services share their data and collect taxes. Working with the DOS, they have to provide monthly or quarterly reports on: registration numbers, property locations, occupancy details, and amount of guests. This data would be sent to the municipalities where the properties are located.
The legislation classifies short-term rentals as "hotels" for tax purposes, and booking services must collect and remit the applicable taxes. Booking services also have to register with the state, maintain records, cooperate with the tax commissioner, and make sure that renters pay their appropriate taxes.
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The legislation also gives cities, towns, villages, and hamlets—and the Attorney General—explicit power to enforce compliance through legal action against violators.
Supporters of regulating the industry estimate that local communities have lost over half a billion dollars in uncollected taxes since 2019, due to unregulated, under-the-table short-term rental booking platforms. Although they represent a vital component of the state's tourism economy, short-term rentals have nonetheless driven up local rents and inflated local home prices.
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"Our Short-Term Rental Registry is a breakthrough for New York’s housing future," said Democratic State Sen. Michelle Hinchey, who sponsored the bill in the Senate. "Communities will have the tools to grasp the true scope of short-term rentals, empowering them to develop strategies to expand stable housing options, increase affordability, and unlock untapped revenue."
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