Local Law 18, also known as the Short-Term Rental Law in New York is a specific legislation adopted on January 9, 2022, designed to regulate short-term rentals of residential properties, particularly through online platforms such as Airbnb.
This law was enacted in 2018 as part of the city's efforts to address concerns about the impact of short-term rentals on the availability of long-term housing and residents' quality of life.
Some of the objectives and concerns that led to the enactment of this law include:
- Impact on Long-Term Housing Availability: The surge in short-term rentals facilitated by online booking platforms raised concerns about the availability of long-term housing in the city. There was a fear that the conversion of residential units into short-term rentals could reduce the supply of housing for long-term residents.
- Quality of Life in Neighborhoods: The ongoing presence of tourists and visitors in residential neighborhoods could affect the quality of life for residents. Noise, security, and other issues associated with frequent tenant turnover were factors considered when implementing the legislation.
- Regulation and Protection of the Rental Market: The city aimed to establish a legal framework to regulate and oversee short-term rentals, ensuring that landlords and tenants complied with certain requirements and that adequate standards were maintained in the industry.
- Tax Equity: The law also addressed concerns about tax equity, ensuring that those renting properties on a short-term basis met their tax obligations appropriately.
Some key aspects of Local Law 18 are: registration and licenses, the law requires owners who want to rent their properties for periods of less than 30 days to register with the city and obtain a license to do so. This applies to both individual owners and tenants wishing to rent out their homes. Short-Term Rental Limits, the law sets restrictions on the duration and frequency of short-term rentals. For example, a resident's primary residence cannot be rented for less than 30 days if the resident is not present. Quarterly Reports, hosts renting their properties must submit quarterly reports to the city, detailing the dates and duration of each rental. Fines for Non-Compliance, non-compliance with Local Law 18 regulations can result in significant fines for owners or tenants who do not meet the established requirements and strict enforcement, New York City has taken measures to rigorously enforce these regulations, using technological tools to track and penalize those who violate the law.
Steps for Boards:
Vote: Boards are tasked with deciding whether to permit short-term rentals
Update Rules: Following the board's decision, property managers should review house rules and governing documents to assess the need for updates based on the decision. Clear communication to residents about any rule changes is crucial.
If YES (allow short-term rentals): No further action is required by the board, but residents interested in hosting short-term rentals must register with the OSE.
If NO: The property manager should initiate the process of filing for the building to be added to the OSE's prohibited list.
Steps for Owners who would like to host:
Building Policy Check: Owners considering short-term rentals are advised to check their building's policy to ensure it allows such arrangements.
Register with the OSE: If the building permits short-term rentals, owners must register with the OSE (Office of Special Enforcement) and adhere to any additional building requirements.
Important Reminder: Owners are reminded that they can only rent out a portion of their home (e.g., a room) for a short period (under 30 days) and must be present during the rental period. Renting out an entire unit for less than 30 days is explicitly illegal.
These steps provide a clear guide for both boards and owners regarding the allowance of short-term rentals, particularly focusing on the implications of Local Law 18 (LL18), provide a systematic approach for both boards and owners to navigate the complexities of short-term rentals in accordance with Local Law 18, with an emphasis on clear communication and compliance with building and regulatory requirements.
In summary, Local Law 18 was created to balance the surge in short-term rentals and protect the interests of long-term residents, as well as to establish regulations and ensure equity in the rental market in New York City.
Re, J. Spectrum News. https://ny1.com/nyc/all-boroughs/housing/2023/09/03/new-law-cracks-down-on-short-term-rentals
NYC Office of Special Enforcement https://www.nyc.gov/site/specialenforcement/registration-law/registration.page