Local Airbnb rules2026 27 sources cited
Is Airbnb Legal in Brooklyn? 2026 Rules, Permits & Taxes
Airbnb is legal in Brooklyn only as a hosted stay: the host lives there, is present, takes at most two guests and holds a $145 city registration. Whole-home rentals under 30 nights are not allowed.2,10,11,14,18,27
From 25 official sources and 2 Airbnb help pages, checked October 17, 2026. Not legal advice.
The short answer
Brooklyn Airbnb Rules in Brief
- Register with the Mayor's Office of Special Enforcement: $145 application fee, valid up to four years, with the number shown on every listing.
- The host must be the permanent occupant and be present, with no more than two guests and no whole-home stays under 30 nights.
- Rent-stabilized, rent-controlled and NYCHA apartments, and buildings on the Prohibited Buildings List, cannot be registered.
- Airbnb collects 8.875% sales tax plus $1.50 a night; fines run from $1,000 to $7,500 per violation, and unregistered rentals draw up to $5,000 per booking.
Browse the live Brooklyn Airbnb market See Every Brooklyn ListingRevenue, occupancy and nightly rates are in the Brooklyn Airbnb market report .
At a glance
Brooklyn Airbnb Rules at a Glance
- Registration required
- Yes
- Taxes on a stay
- 8.875% + $1.50
- Fine for hosting without a permit
- $7,500
- Listings showing a permit number
- 35%
- Latest rule change
- October 2026
Listing figures: AirROI, 12 months to October 2026. A number on a listing doesn't prove the permit or license is valid, and a missing one doesn't prove there is none.
The rules in brief
The rules a Brooklyn host meets first, each linked to the ordinance, statute or official page it comes from. Details and exceptions follow below.
| Topic | Rule |
|---|---|
| Permit | Register with OSE before listing10,14 |
| Who can host | The host must live there and be present11,13 |
| Where | Class A buildings: 30 nights or more1 |
| Building rules | Prohibited Buildings List12,14 |
| Minimum stay | Stays of 30 nights or more are not short-term11 |
| Guests | No more than two guests at a time9,16 |
| Listing display | Registration number in every listing2,27 |
| Platforms | Platforms may not book unregistered rentals14,15 |
| Safety | Post an exit diagram and the certificate2 |
| Neighbors | Owners answer for tenants13 |
Your home
Can You Host an Airbnb in Brooklyn? It Depends on the Home
Whether you can host in Brooklyn turns on whose home it is and whether you live there.
Permit
Do You Need a Permit for Airbnb in Brooklyn?
Yes. Short-term rental hosts in Brooklyn need the short-term rental registration from the New York City Mayor's Office of Special Enforcement (OSE). It costs $145 in the first year (A one-home host pays $145 once (plus a small card processing fee) for a registration that lasts up to four years, and the same $145 to renew. There is no annual fee.) and $145 a year to renew.2,10,11,14,18,27
- Who needs it
- Every host who rents a room or home in Brooklyn for fewer than 30 consecutive days. Units in approved Class B multiple dwellings, such as hotels, and rentals of 30 consecutive days or more are exempt.2,10,11,14,18,27
- Issued by
- New York City Mayor's Office of Special Enforcement (OSE)
- Valid for
- Up to four years from approval; a tenant's registration ends on the last day of the lease period shown to OSE. It cannot be transferred to another host or another unit, and the host must end it on moving out.
- Processing
- OSE aims to give an initial decision within 3 business days. In the fiscal year to June 2026, applications with a final decision took 71 days on average from filing, of which about 9 days were with OSE and the rest waiting for the applicant to correct deficiencies.
- On listings
- The number must appear on every listing
- Platform checks
- Airbnb, Vrbo, Booking.com and other booking services must check the registration number against OSE's system and may not process bookings for an unregistered rental. The address on the listing must match the registered address exactly.
Fees
| Fee | Amount |
|---|---|
| ApplicationNon-refundable application fee, plus a small payment processing fee, paid when the application is submitted. | $145 |
| RenewalThe renewal fee is the same as the application fee. Renewals open 180 days before a registration expires. | $145 |
Who qualifies
- The host must be a natural person and the permanent occupant of the unit, either as its owner or as a tenant whose lease allows short-term rentals
- Rent-controlled, rent-stabilized, NYCHA and single-room-occupancy units, and units in buildings on the Prohibited Buildings List, cannot be registered
- Every listing must offer a hosted stay for no more than two guests; a listing that offers the whole unit unhosted, or more guests, is refused
- The unit cannot have uncorrected serious building, housing-maintenance or fire-code violations, a vacate order or a stop-work order
- A tenant who applies certifies that the lease allows it, and OSE notifies the owner of the building that an application was received
How to apply
- Confirm the home is eligible: you live there, the unit is not rent-regulated or NYCHA, and the building is not on the Prohibited Buildings List.
- Apply in the OSE Short-Term Rental Registration Portal and pay the $145 fee.
- Upload an unexpired photo ID and proof that you live at the address from at least two categories, such as a utility bill and a bank statement dated within 60 days; tenants also upload the lease.
- List every Airbnb, Vrbo or other listing URL; OSE reviews each one for a hosted stay with no more than two guests.
- Fix any deficiency OSE flags within the 90 days it allows, then add the registration number to each listing.
Applications go through the New York City Mayor's Office of Special Enforcement (OSE) application portal .
Permit rules
- Register with OSE before listing
- Every Brooklyn host renting for fewer than 30 consecutive days registers with the Mayor's Office of Special Enforcement under Local Law 18. Enforcement began on September 5, 2023.10,14 In force since September 5, 2023
- Registration lasts up to four years
- A registration runs four years, or until the end of the lease for a tenant, and renews for the same $145 as the application. It cannot be transferred to another host or unit.2
- Registration cannot be transferred
- A registration belongs to one host and one unit; if the host stops living there, the host must end it and cancel pending bookings.2
- Registration number in every listing
- The registration number must appear in every advertisement or offer, and the details in each listing must match the application. Airbnb also requires the listing address to match the registered address exactly.2,27
- Advertising under 30 days in Class A buildings
- State law bars advertising an apartment in a Class A multiple dwelling, generally a building with three or more homes, for any period under 30 days, with fines of $1,000 to $7,500 for the person responsible for the advertisement.13
- Platforms may not book unregistered rentals
- Airbnb, Vrbo, Booking.com and other booking services must verify a valid registration before processing a short-term rental in New York City.14,15 In force since September 5, 2023
- Advertised price must be the total price
- Since May 12, 2025 a federal rule requires an advertised short-term rental price to show the total price, including mandatory fees; taxes and other government charges may be shown separately.25 In force since May 12, 2025
Who can host
Who Can Host an Airbnb in Brooklyn, and Where
New York state law applies on top of Brooklyn's own rules: the New York short-term rental regulations page covers the state license and what cities and counties can and can't regulate.
- The host must live there and be present
- A short-term stay in Brooklyn is legal only when the host stays in the same unit as the guests, with no more than two paying guests at a time.11,13
- Only a natural person who lives there can register
- The applicant must be a natural person and the permanent occupant of the unit, as owner or as a tenant whose lease allows short-term rentals. Companies and second-home owners do not qualify.11
- No whole-home rentals under 30 nights
- An entire apartment or home cannot be rented for fewer than 30 days in any permanent residential building in Brooklyn, even by an owner or resident.11
- Rent-regulated and NYCHA units are excluded
- Rent-controlled, rent-stabilized, NYCHA and single-room-occupancy units cannot be registered, so these tenants cannot host stays under 30 days.10,11
- Class A buildings: 30 nights or more
- Under the state Multiple Dwelling Law, a Class A multiple dwelling (generally a building with three or more homes) may be used only for permanent residence, meaning occupancy of 30 consecutive days or more.1
- One- and two-family homes: long-term use
- Brooklyn's one- and two-family homes, including brownstones, are for long-term residence; a host sharing the home with up to two paying guests is allowed after registering.11
- Hotels and Class B buildings are exempt
- Units in Class B multiple dwellings that the city has approved for short-term occupancy, such as hotels, need no registration. Class B is a legal-occupancy class, not the Department of Finance tax class.14
- Prohibited Buildings List
- Building owners, condo boards and co-op boards can add a building to the Prohibited Buildings List, and a unit in a listed building cannot be registered. A registration can be revoked if its building is added later.12,14
- Tenants need a lease that allows hosting
- A tenant can register only if the lease or other agreement does not prohibit short-term rentals, and OSE notifies the building's owner when the application arrives.2,11
- Condo and co-op rules still apply
- A city registration does not override a lease, co-op bylaws or condominium association rules; a host in an association confirms the bylaws allow short stays before applying.2
Operating rules
Operating Rules for Brooklyn Short-Term Rentals
- Stays of 30 nights or more are not short-term
- The check-in date counts as day zero, so 29 nights is a short-term rental that needs a registration and 30 nights is permanent occupancy that does not.11
- No more than two guests at a time
- A registered host may have two paying guests at once across all listings combined, not counting children under 4. The listing must offer no more than two guests.9,16
- Guests must reach every room
- Host and guests share a common household: guests need access to all parts of the home, so a bedroom door with a key lock that lets a guest lock out the host does not qualify. Sleeping in an attic, cellar or garage is not allowed.11
- Post an exit diagram and the certificate
- During every rental the host posts, inside the unit, a diagram of all exit routes from the unit and building, and a copy of the registration certificate.2
- No registration with serious open violations
- OSE refuses a registration for a unit with an uncorrected Class 1 construction-code or Class C housing-maintenance violation, an uncorrected fire-code violation, or a vacate or stop-work order. Registration itself involves no inspection, but OSE inspects after complaints.2,12
- Keep rental records for seven years
- A registered host keeps a record of each rental (listing, start date, nights, guests and rent received) for at least seven years and produces it to OSE within 15 business days of a request.2
- Owners answer for tenants
- Property owners are issued the violation for any illegal short-term rental at their property, even when a tenant runs it.13
Taxes
How Much Are Airbnb Taxes in Brooklyn?
About 8.875% on the nightly price, cleaning fee and guest fees, plus $1.50 a night; Airbnb collects both at booking.
- Median nightly rate, booked nights
- $160
- Taxes on that night (8.875% + $1.50)
- $16
- Guest pays, before Airbnb and cleaning fees
- $176
| Tax | Rate | Collected by |
|---|---|---|
| New York State sales tax 4% state rate on the nightly price, cleaning fee and guest fees | 4%3,4,26 | Airbnb |
| New York City local sales tax 4.5% city rate on the same base, collected with the state tax | 4.5%4,5,26 | Airbnb |
| Metropolitan Commuter Transportation District surcharge 0.375% transit district surcharge, which applies in New York City | 0.375%4,26 | Airbnb |
| New York City unit fee $1.50 per unit per night, on stays of up to 89 nights | $1.50 a night3,6,26 | Airbnb |
| New York City hotel room occupancy tax 5.875% of the rent plus a flat $0.50 to $2.00 per room per day; owed by hosts who rent more than one room on three or more occasions or for more than 14 nights a year, and not owed for one bedroom rented in your own home | 5.875%7,8,26 | Host |
At Brooklyn's median booked rate of $160 a night, the taxes collected on a booking come to about $16 a night.
Rates for every New York county, with which ones Airbnb collects, are on the New York short-term rental regulations page.
What the host still handles
- An OSE short-term rental registration, which is a permit rather than a tax account but must be in place before any booking.
- A New York State sales tax vendor account with the Department of Taxation and Finance only if the host also takes bookings outside a booking service such as Airbnb, unless the host rents its own property for 3 days or less in a calendar year without a booking service.
- A New York City Department of Finance hotel tax Certificate of Registration only if the host rents more than one room and either rents on three or more occasions or for more than 14 nights in a year; renting a single bedroom in your own home does not require it.3,4,6,7,8,26
Fines
How to Avoid Airbnb Fines in Brooklyn
Fines in Brooklyn fall on hosting without the short-term rental registration, or outside the rules above. With it in hand and the rules followed, none of the fines below apply.
- Advertising an apartment in a Class A multiple dwelling for any period under 30 days: fines of $1,000 to $7,500 for the person responsible for the advertisement.13
- Renting without a registration: a civil penalty of up to the lesser of $5,000 or three times the revenue generated, for each violation, which OSE describes as $5,000 per transaction.2,12
- Registered hosts who break program rules, such as omitting the registration number or the exit diagram, pay $100 for a first violation (waived if the host corrects it), $500 for a second and $1,000 for a third or later within three years, with default amounts of $500, $2,500 and $5,000 if the host does not answer the summons.2
- OSE can revoke a registration after notice and a hearing, for example for a false statement in the application, three violations within 24 months, or use of the unit in breach of the zoning, housing or building rules; a revoked host can be refused a renewal.2,15
- Landlords running unregistered rentals face lawsuits: OSE's February 2026 suit against a Manhattan landlord seeks penalties that could exceed $4 million, a court order and a court-appointed receiver for the buildings.21
Changes
What's Changed in Brooklyn's Airbnb Rules
No change was scheduled when the rules were checked on October 17, 2026; the most recent are listed first.
- October 2026
- April 30, 2026 Not in forceInt 0879-2026 would let owners of one- and two-family homes host more guests
Introduced April 30, 2026 and in the Committee on Housing and Buildings, the bill would allow up to 4 lodgers in an owner-occupied one- or two-family home, let the owner host without being present, and let the owner lock private bedrooms and bathrooms. It has not been enacted.22
- December 31, 2025 Lapsed
- May 12, 2025Federal total-price rule applies to short-term rentals
The FTC Rule on Unfair or Deceptive Fees began applying on May 12, 2025, requiring an advertised short-term rental price to include mandatory fees.25
- April 2025
- March 1, 2025State sales tax and the unit fee apply to short-term rentals
New York State and local sales tax and the $1.50 New York City unit fee apply to short-term rental occupancy with a rate above $2.00 per unit per day; booking services such as Airbnb collect and remit them.3
- September 5, 2023Registration enforced; platforms stop unregistered bookings
The Mayor's Office of Special Enforcement began enforcing Local Law 18 on September 5, 2023, and booking services stopped processing transactions for unregistered rentals. Court challenges by Airbnb and hosts had been dismissed beforehand.14,27
Listing data
What Brooklyn's Listings Show
AirROI, a short-term-rental data firm, counted 485 active Airbnb listings in Brooklyn over the 12 months to October 2026. 35% of them displayed a permit, license or registration number.
Minimum stay set on Brooklyn listings
Share of active listings by the shortest stay they accept
Minimum stay in numbers
| Shortest stay accepted | Share of listings |
|---|---|
| 1 night | 14% |
| 2 nights | 16% |
| 3 nights | 9% |
| 4–6 nights | 3% |
| 7–29 nights | 2% |
| 30+ nights | 56% |
What officials report
- 1,585
- Active registrations at Brooklyn addresses · as of January 2026Of 3,194 registrations with Registered status in OSE's January 7, 2026 dataset, 1,585 are at Brooklyn addresses, about half of the city's total.16,17
- 3,338
- Active registrations citywide · as of June 2026OSE counted 3,338 active registrations on June 30, 2026, and 3,522 that were active at some point in the fiscal year; more than 460 new ones were approved in the year.18,19
- 749
- Applications denied in the fiscal year to June 2026 · as of June 2026OSE denied 749 applications; about 82% (613) were denied only after the applicant declined to correct the application despite specific guidance and at least 90 days.18
- 71
- Average time to a final decision · as of June 2026Applications with a final decision in the fiscal year to June 2026 took 70.5 days on average from filing, of which 8.6 days were with OSE.18
- 32
- Registrations revoked or in revocation proceedings · as of June 2026OSE revoked 17 registrations in the fiscal year to June 2026 and had 15 more in revocation proceedings, mainly for false statements in the application.18,19
- 2000%
- Registered listings offering illegal occupancy · as of June 2025OSE estimated that about 20% of registered listings were offering illegal occupancy in early June 2025 and began sending warning notices to those hosts.15
- 21,000
- Buildings on the Prohibited Buildings List · as of September 2025The Prohibited Buildings List totaled over 21,000 buildings in OSE's September 2025 report.20
Earnings
What Could a Brooklyn Short-Term Rental Earn?
The rules shape the numbers: a registration that costs $145 in the first year and taxes of 8.875% plus $1.50 a night that Airbnb adds to guests' bills. For a specific address, the Airbnb profit calculator estimates revenue, occupancy and nightly rate from comparable listings, so you can test the numbers before applying.
FAQ
Brooklyn Airbnb Rules: Frequently Asked Questions
Is Airbnb legal in Brooklyn?
Do I need a permit for Airbnb in Brooklyn?
How much does the Brooklyn short-term rental registration cost?
Can I rent a home I don't live in?
Can I rent my whole Brooklyn apartment while I am away?
How many guests can I host?
Does Airbnb collect hotel or occupancy tax in Brooklyn?
Airbnb collects state and city sales tax of 8.875% plus the $1.50 a night New York City unit fee. It does not collect the City's separate hotel room occupancy tax (5.875%), which a host owes only when renting more than one room on three or more occasions or for more than 14 nights a year, and never for one bedroom in the host's own home.4,7,8,26
What is the total tax on an Airbnb stay in Brooklyn?
What is the fine for an illegal short-term rental in Brooklyn?
Can I host in a rent-stabilized, co-op or condo apartment?
How long does it take to get registered?
Do I have to show the registration number on my listing?
How many Brooklyn Airbnbs are registered?
Active registrations at Brooklyn addresses: 1,585 as of January 202616,17. In AirROI's listing data, 35% of the 485 Brooklyn Airbnb listings active in the 12 months to October 2026 displayed a permit, license or registration number. A number on a listing shows the host entered one; it doesn't confirm the permit is valid.
How much does an Airbnb make in Brooklyn?
The average Brooklyn listing earned $26,800 in the 12 months to October 2026, according to AirROI, averaged across every active listing including those booked for only part of the year. The Brooklyn Airbnb market report breaks it down by month, property size and neighborhood.
Method
How These Rules Were Checked
Each rule on this page was checked in October 2026 against the official source cited beside it: the ordinance or statute, the permit office's own pages and the tax authority. Airbnb's help pages are cited on their own only for what Airbnb itself does, such as the taxes it collects and the permit checks it runs, and otherwise only beside an official source; news reports only for when a change was announced. Rules that could not be confirmed on an official page are left out. The FTC fee-rule FAQ was read from an Internet Archive copy.
Rules change with council votes, court rulings and new state laws, so the page is rechecked every three months and whenever a scheduled change takes effect. It summarizes the rules for information and is not legal advice; the New York City Mayor's Office of Special Enforcement has the final word on any application.
Listing figures come from AirROI's tracking of 485 active Brooklyn Airbnb listings over the 12 months to October 2026.
Sources
Sources
Each rule above links to the source it comes from. Official ordinances, statutes and government pages come first, then Airbnb's own help pages.
- 1. New York State Multiple Dwelling Law (compiled text) · New York City Department of Buildings
- 2. Final Rules Governing Registration and Requirements for Short-Term Rentals (Title 43, Chapters 21 and 22) · NYC Mayor's Office of Special Enforcement
- 3. Sales tax on short-term rental unit occupancy · New York State Department of Taxation and Finance
- 4. Sales Tax · NYC311
- 5. Publication 718: New York State Sales and Use Tax Rates by Jurisdiction (effective March 1, 2025) · New York State Department of Taxation and Finance
- 6. Hotel and Short-Term Rental Unit Occupancy (TB-ST-835) · New York State Department of Taxation and Finance
- 7. Hotel Room Occupancy Tax · NYC Department of Finance
- 8. Hotel Room Occupancy Tax · NYC311
- 9. What is Local Law 18? · NYC Mayor's Office of Special Enforcement
- 10. Short-Term Rental Registration · NYC311
- 11. FAQ for prospective hosts · NYC Mayor's Office of Special Enforcement
- 12. FAQ for registered hosts · NYC Mayor's Office of Special Enforcement
- 13. Information for Hosts · NYC Mayor's Office of Special Enforcement
- 14. Registration Law · NYC Mayor's Office of Special Enforcement
- 15. Enforcement · NYC Mayor's Office of Special Enforcement
- 16. Registration and Listing Data · NYC Mayor's Office of Special Enforcement
- 17. Short-Term Rental Registration Dataset, as of January 7, 2026 · NYC Mayor's Office of Special Enforcement
- 18. Short-Term Rental Registration Report, July 1, 2025 to June 30, 2026 (FY26) · NYC Mayor's Office of Special Enforcement
- 19. New Report Reveals Number of New Yorkers Registered to Host Legal Short-Term Rentals Surpassed 3,500 for First Time (September 1, 2026) · NYC Mayor's Office of Special Enforcement
- 20. New Report Sheds Fresh Light on How Local Law 18 and Office of Special Enforcement Have Eliminated Tens of Thousands of Illegal Rentals (September 4, 2025) · NYC Mayor's Office of Special Enforcement
- 21. New York City Files Multi-million-Dollar Lawsuit to Hold Landlord Accountable for Operating Illegal Short-Term Rentals in Rent-Stabilized Buildings (February 7, 2026) · NYC Mayor's Office of Special Enforcement
- 22. Int 0879-2026: Short-term rentals in one- and two-family dwellings · New York City Council (Legistar)
- 23. Int 0948-2024: Short-term rentals in one- and two-family dwellings · New York City Council (Legistar)
- 24. Int 1107-2024: Common households for short-term rentals in one- and two-family dwellings · New York City Council (Legistar)
- 25. The Rule on Unfair or Deceptive Fees: Frequently Asked Questions · Federal Trade Commission
- 26. Occupancy tax collection and remittance by Airbnb in New York · Airbnb Help Center
- 27. New York, NY · Airbnb Help Center