Local Airbnb rules2026 27 sources cited

Is Airbnb Legal in Brooklyn? 2026 Rules, Permits & Taxes

Source: AirROI Reviewed by , Founder @ AirROI Updated

From 25 official sources and 2 Airbnb help pages, checked October 17, 2026. Not legal advice.

The short answer

Brooklyn Airbnb Rules in Brief

Map of Airbnb listings in Brooklyn Browse the live Brooklyn Airbnb market See Every Brooklyn Listing

Revenue, 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.

Brooklyn Airbnb Rules at a Glance
TopicRule
PermitRegister with OSE before listing10,14
Who can hostThe host must live there and be present11,13
WhereClass A buildings: 30 nights or more1
Building rulesProhibited Buildings List12,14
Minimum stayStays of 30 nights or more are not short-term11
GuestsNo more than two guests at a time9,16
Listing displayRegistration number in every listing2,27
PlatformsPlatforms may not book unregistered rentals14,15
SafetyPost an exit diagram and the certificate2
NeighborsOwners 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.

A room in your own home while you are there

Allowed with conditions

Your whole home or apartment while you're away

Not allowed

A second home or investment property you don't live in

Not allowed

A rented apartment (tenant hosting)

Allowed with conditions

A rent-stabilized, rent-controlled or NYCHA apartment

Not allowed

A condo, co-op or building on the Prohibited Buildings List

Allowed with conditions

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
Issued by
Valid for
Processing
On listings
Platform checks

Fees

Fees
FeeAmount
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

  1. 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.
  2. Apply in the OSE Short-Term Rental Registration Portal and pay the $145 fee.
  3. 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.
  4. List every Airbnb, Vrbo or other listing URL; OSE reviews each one for a hosted stay with no more than two guests.
  5. Fix any deficiency OSE flags within the 90 days it allows, then add the registration number to each listing.

Permit rules

Register with OSE before listing
Registration lasts up to four years
Registration cannot be transferred
Registration number in every listing
Advertising under 30 days in Class A buildings
Platforms may not book unregistered rentals
Advertised price must be the total price

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
Only a natural person who lives there can register
No whole-home rentals under 30 nights
Rent-regulated and NYCHA units are excluded
Class A buildings: 30 nights or more
One- and two-family homes: long-term use
Hotels and Class B buildings are exempt
Prohibited Buildings List
Tenants need a lease that allows hosting
Condo and co-op rules still apply

Operating rules

Operating Rules for Brooklyn Short-Term Rentals

Stays of 30 nights or more are not short-term
No more than two guests at a time
Guests must reach every room
Post an exit diagram and the certificate
No registration with serious open violations
Keep rental records for seven years
Owners answer for tenants

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
How Much Are Airbnb Taxes in Brooklyn?
TaxRateCollected by
New York State sales tax 4% state rate on the nightly price, cleaning fee and guest fees4%3,4,26Airbnb
New York City local sales tax 4.5% city rate on the same base, collected with the state tax4.5%4,5,26Airbnb
Metropolitan Commuter Transportation District surcharge 0.375% transit district surcharge, which applies in New York City0.375%4,26Airbnb
New York City unit fee $1.50 per unit per night, on stays of up to 89 nights$1.50 a night3,6,26Airbnb
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 home5.875%7,8,26Host
Total on a stay 8.875% + $1.50 · Airbnb and the 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

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.

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.

  1. October 2026
    First registration renewals expected
  2. April 30, 2026 Not in force
    Int 0879-2026 would let owners of one- and two-family homes host more guests
  3. December 31, 2025 Lapsed
    Council bills to loosen one- and two-family rules expire
  4. May 12, 2025
    Federal total-price rule applies to short-term rentals
  5. April 2025
    OSE starts revoking registrations
  6. March 1, 2025
    State sales tax and the unit fee apply to short-term rentals
  7. September 5, 2023
    Registration enforced; platforms stop unregistered bookings

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
Minimum stay set on Brooklyn listings
Shortest stay acceptedShare of listings
1 night14%
2 nights16%
3 nights9%
4–6 nights3%
7–29 nights2%
30+ nights56%

What officials report

1,585
3,338
749
71
32
2000%
21,000

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.

Estimate what a Brooklyn home could earn

FAQ

Brooklyn Airbnb Rules: Frequently Asked Questions

Is Airbnb legal in Brooklyn?

Yes, but only as a hosted stay. A Brooklyn host who lives in the home and is present can rent to no more than two paying guests for under 30 nights after registering with the city; renting an entire home or apartment for under 30 nights is not allowed.11,13,14

Do I need a permit for Airbnb in Brooklyn?

Yes. Hosts register with the Mayor's Office of Special Enforcement under Local Law 18 before listing, and Airbnb will not process bookings for an unregistered rental. Rentals of 30 nights or more and approved Class B hotels are exempt.10,14

How much does the Brooklyn short-term rental registration cost?

The application fee is $145 plus a small payment processing fee, and it is non-refundable. A registration lasts up to four years and the renewal fee is the same $145.2,11

Can I rent a home I don't live in?

Not for stays under 30 nights. Only the permanent occupant can register and the host must be present, so second homes and investment apartments can be rented only for 30 nights or longer.11,13

Can I rent my whole Brooklyn apartment while I am away?

No, not for under 30 nights, even if you own it. Stays of 30 nights or more need no registration, and only approved Class B buildings such as hotels may rent whole units for shorter stays.11,14

How many guests can I host?

No more than two paying guests at a time, not counting children under 4, and that limit holds across all of your listings combined. Every guest must be able to reach all parts of the home.9,11,16

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?

Sales tax is 8.875% of the nightly price, cleaning fee and guest fees (4% state, 4.5% city and 0.375% transit surcharge), plus $1.50 a night. A one-night $200 stay with a $50 cleaning fee adds about $22.19 in sales tax and $1.50 in unit fee.3,4,26

What is the fine for an illegal short-term rental in Brooklyn?

Renting without a registration is fined at the lesser of $5,000 per transaction or three times the revenue; advertising a stay under 30 days in a building of three or more homes draws $1,000 to $7,500; and OSE can revoke a registration.2,12,13

Can I host in a rent-stabilized, co-op or condo apartment?

Not in a rent-regulated or NYCHA apartment, which cannot be registered. A co-op or condo unit can be registered unless the building is on the Prohibited Buildings List, and the board's rules still apply.2,11,14

How long does it take to get registered?

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, including the time applicants spent correcting deficiencies (about 9 days were with OSE).11,18

Do I have to show the registration number on my listing?

Yes. The number must appear in every advertisement, and the listing's address and details must match the registration; Airbnb checks the address against the city's list.2,27

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. 1. New York State Multiple Dwelling Law (compiled text) · New York City Department of Buildings
  2. 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. 3. Sales tax on short-term rental unit occupancy · New York State Department of Taxation and Finance
  4. 4. Sales Tax · NYC311
  5. 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. 6. Hotel and Short-Term Rental Unit Occupancy (TB-ST-835) · New York State Department of Taxation and Finance
  7. 7. Hotel Room Occupancy Tax · NYC Department of Finance
  8. 8. Hotel Room Occupancy Tax · NYC311
  9. 9. What is Local Law 18? · NYC Mayor's Office of Special Enforcement
  10. 10. Short-Term Rental Registration · NYC311
  11. 11. FAQ for prospective hosts · NYC Mayor's Office of Special Enforcement
  12. 12. FAQ for registered hosts · NYC Mayor's Office of Special Enforcement
  13. 13. Information for Hosts · NYC Mayor's Office of Special Enforcement
  14. 14. Registration Law · NYC Mayor's Office of Special Enforcement
  15. 15. Enforcement · NYC Mayor's Office of Special Enforcement
  16. 16. Registration and Listing Data · NYC Mayor's Office of Special Enforcement
  17. 17. Short-Term Rental Registration Dataset, as of January 7, 2026 · NYC Mayor's Office of Special Enforcement
  18. 18. Short-Term Rental Registration Report, July 1, 2025 to June 30, 2026 (FY26) · NYC Mayor's Office of Special Enforcement
  19. 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. 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. 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. 22. Int 0879-2026: Short-term rentals in one- and two-family dwellings · New York City Council (Legistar)
  23. 23. Int 0948-2024: Short-term rentals in one- and two-family dwellings · New York City Council (Legistar)
  24. 24. Int 1107-2024: Common households for short-term rentals in one- and two-family dwellings · New York City Council (Legistar)
  25. 25. The Rule on Unfair or Deceptive Fees: Frequently Asked Questions · Federal Trade Commission
  26. 26. Occupancy tax collection and remittance by Airbnb in New York · Airbnb Help Center
  27. 27. New York, NY · Airbnb Help Center