NYC Short Term Rental legal advise

NYC Short Term Rental legal advise

Member since 2024 · 22 posts · 8 votes

Good afternoon everyone, I am an Airbnb host in NYC and I am looking to get in touch with a lawyer that works with short term rentals. If you know of anyone please refer it to me.

My situation is that even though I have my STR certificate the OSE officers keep knocking on my door, the 1st time I was home and I talked to them, and because I had guests they didn't insist to get in. After that, they have returned 2 more times and I assume they are going to do their best to be allowed to get in the property. So many people have reported that after letting the inspector in they have received summons for no sense reasons, what makes me afraid to let them in. Is it a violation to refuse to let the OSE officers in to my property ? This is why I would like some legal advise about my rights.

Thank you.

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Michael BaumPro Member
Olympia, WA · Member since 2016 · 8k+ posts · 7k+ votes
1y

Hey @Ricardo Polanco, so I guess I am not understanding the issue.

@John Underwood hit the nail on the head. If you are following the rules then everything should be OK.

This is no different than a health inspector visiting a restaurant. They have to allow them in to inspect to make sure things are copacetic. That way they keep their licenses and ratings.

I don't see much of a difference really.

Don't keep them out as they will get increasingly suspicious and they might pull your permit for non-compliance.

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  • Member since 2023 · 188 posts · 111 votes
    1y

    I think you exactly know what they want haha..

    Sell and move on or pay the shark the blood

  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    1y

    Did they give you an agreement or contract that you signed?

    If so I would thoroughly ready this to see what they require and what you agreed to.

    I doubt you can keep your permit if you refuse their inspection.

    If you are doing everything as you should, you shouldn't have anything to worry about.

  • Member since 2023 · 188 posts · 111 votes
    1y
    Quote from @John Underwood:

    Did they give you an agreement or contract that you signed?

    If so I would thoroughly ready this to see what they require and what you agreed to.

    I doubt you can keep your permit if you refuse their inspection.

    If you are doing everything as you should, you shouldn't have anything to worry about.


     It is nearly impossible to follow NYC's requirements and run a proper housing business. They can fine you for practically anything and they want all the STRs to be banned from the city. With how old NYC's buildings are, everything has to be grandfathered in until the city calls for correction which will happen when he lets the inspector in. It is a tough market but the money is insane so people just open business and run until they get caught and sell and open again. 

  • Rental Property Investor · Phoenix, AZ and Rehoboth Beach DE · Member since 2019 · 1k+ posts · 1k+ votes
    1y

    What @John Underwood said.  Does the license require that you have an inspection?  Then you are going to have to let them in.  If not, they might be knocking repeatedly to make sure you live there. Have you asked them why they want to come in?

  • Michael BaumPro Member
    Olympia, WA · Member since 2016 · 8k+ posts · 7k+ votes
    1y

    Hey @Ricardo Polanco, so I guess I am not understanding the issue.

    @John Underwood hit the nail on the head. If you are following the rules then everything should be OK.

    This is no different than a health inspector visiting a restaurant. They have to allow them in to inspect to make sure things are copacetic. That way they keep their licenses and ratings.

    I don't see much of a difference really.

    Don't keep them out as they will get increasingly suspicious and they might pull your permit for non-compliance.

  • Member since 2023 · 188 posts · 111 votes
    1y
    Quote from @Michael Baum:

    Hey @Ricardo Polanco, so I guess I am not understanding the issue.

    @John Underwood hit the nail on the head. If you are following the rules then everything should be OK.

    This is no different than a health inspector visiting a restaurant. They have to allow them in to inspect to make sure things are copacetic. That way they keep their licenses and ratings.

    I don't see much of a difference really.

    Don't keep them out as they will get increasingly suspicious and they might pull your permit for non-compliance.


    STR is banned from NYC. All running properties are illegal or running with expired license which is ridiculous since there are so many running STRs there. They all claim their properties are exempted but haha... XD It is pretty much shut down once the city knocks on your door. 

  • Michael BaumPro Member
    Olympia, WA · Member since 2016 · 8k+ posts · 7k+ votes
    1y

    Hey @Joel Oh, so let's clarify the NYC rules around STRs.

    STRs are legal in NYC as long as these directions are followed.

    "Short term rentals are legal when the host is living in the same apartment as the guests and there are no more than 2 guests staying with the host."

    You cannot rent out an entire home/apartment for fewer than 30 days.

    Your STR must be registered with the Office of Special Enforcement.

    Here is a video that runs down the basics - https://s-media.nyc.gov/agencies/specialenforcement/01-Legal...

    There is also a prohibited building list - https://www.nyc.gov/site/specialenforcement/registration-law...

    Here are some more info overall - https://www.nyc.gov/site/specialenforcement/registration-law..

    All of this makes STRs in the city pretty tough but it certainly not impossible. It sounds like @Ricardo Polanco is following the rules and just needs to let the OSE officers in for inspection.

  • Member since 2023 · 188 posts · 111 votes
    1y

    Ah yeah, they allow couch surfing style stays since that has been a thing there forever. I used it when I was a teenager haha. Honestly, why would anyone do that when the median house price of NYC is almost 1 million. (Manhattan condo starts at 2M) I can guarantee 95% properties are running illegally. 

    I just can't stand of regulations those are not possible to be monitored and just being there because of lobbyists. According to NYC, STR is hurting housing affordability just like normal people can buy a house or condo near the Time Square and Madison Garden.

  • Real Estate Broker · New York, NY · Member since 2020 · 2k+ posts · 1k+ votes
    1y

    Hey @Ricardo Polanco - has the inspector provided any reason for the constant follow ups? 

    You could simply let them know that your schedule is busy and they need to schedule a time with you in advance. 

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