National Airbnb rules2026 24 sources cited
Is Airbnb Legal in United States? 2026 Rules, Permits & Taxes
Short-term rentals are legal in most of the United States with no national permit; state and city rules vary, and New York, Los Angeles, San Diego, Houston and Austin require a registration or license.5,8,9,12,14,16,18,22,24
From 21 official sources and 3 Airbnb help pages. Not legal advice.
The short answer
United States Airbnb Rules in Brief
- No national permit: the state, county and city set licenses, zoning and safety rules.
- Registration or license needed in New York City ($145), Los Angeles ($89 a year), Houston ($275 a year), Austin ($736.60 for two years) and San Diego ($1,129 for two years).
- Los Angeles caps standard hosting at 120 nights a year; New York City allows stays under 30 days only with the host present.
- Federal rule since May 12, 2025: advertised prices must include mandatory fees.
At a glance
United States Airbnb Rules at a Glance
- Permit required
- Yes
- Taxes on a stay
- No tourist tax
- Yearly night cap
- 120 nights
- Fine for hosting without a permit
- $7,500
- Next rule change
- Jan 1, 2027
The rules in brief
The rules a United States host meets first, each linked to the ordinance, statute or official page it comes from. Details and exceptions follow below.
| Topic | Rule |
|---|---|
| Permit | Permits are set locally22 |
| Who can host | New York City: host must be present7 |
| Where | Florida limits local bans2 |
| Building rules | Los Angeles: tenants need landlord approval12 |
| Night cap | Los Angeles: 120 nights a year12 |
| Listing display | Advertised price must be the total price1,4 |
| Platforms | Federal fee rule covers platforms4 |
| Neighbors | Houston: emergency contact, no event listings16 |
Your home
Can You Host an Airbnb in United States? It Depends on the Home
Whether you can host in United States turns on whose home it is and whether you live there.
Your own home, rented whole while you're away
Allowed with conditionsAllowed where a permit is issued: Los Angeles caps it at 120 nights a year in a primary residence, San Diego needs a Tier 2 or Tier 3 license, and Houston and Austin need a registration or license. New York City does not allow whole-home stays under 30 days.7,12,14,15,18
A second home or investment property you don't live in
Allowed with conditionsDepends on the city. Not allowed for stays under 30 days in New York City or Los Angeles; possible with a San Diego Tier 3 license while licenses remain, and with a Houston registration or Austin license. Florida and Arizona limit local bans, and Florida also requires a state license.2,3,5,7,12,14,15,18
Permit
Do You Need a Permit for Airbnb in United States?
Yes. Short-term rental hosts in United States need the State from Local and state governments (city, county or state, depending on the place). It costs $145.5,8,9,12,14,16,18,22,24
- Who needs it
- Hosts in places that require one: for example every host in New York City, Los Angeles, San Diego, Houston and Austin, and every vacation rental in Florida (state license).5,8,9,12,14,16,18,22,24
- Issued by
- Local and state governments (city, county or state, depending on the place)
- Valid for
- Los Angeles registrations last one year and Houston charges an annual fee; San Diego and Austin licenses run two years.
- Processing
- Florida state licenses are usually processed in one to two business days.
- On listings
- The number must appear on every listing
- Platform checks
- New York City bars platforms from processing stays for unregistered rentals; Houston and Austin require platforms to remove unlicensed listings on the city's request.
Fees
| Fee | Amount |
|---|---|
| New York City registrationNon-refundable application fee for the Mayor's Office of Special Enforcement registration. | $145 |
| Los Angeles home-sharing registrationRegistration and annual renewal; extended home-sharing adds an $850 review fee. | $89 |
| San Diego whole-home (Tier 3) licenseLicense fee, plus a $41 application fee; Tier 1 is $193 and Tier 2 $284. | $1,129 |
| Houston certificate of registrationPer rental property, plus a $33.56 administrative fee per application (2026). | $275 |
| Austin new operating licenseLicense fee of $642.00 plus a $94.60 notification fee; renewal is $369.60. | $736.60 |
| Florida DBPR vacation rental license (single unit)Full-year license fee for one unit, plus a $50 application fee on a new license and a $10 education fee. | $170 |
Who qualifies
- New York City: the host must live in the unit; rent-regulated and public-housing apartments are not eligible
- Los Angeles: primary residence only; rent-stabilized homes excluded; tenants need notarized landlord approval
- San Diego: one license per host; whole-home licenses capped at 1% of housing units
- Houston: a certificate of registration for every dwelling rented under 30 consecutive days
- Austin: an operating license for every rental; unit and distance limits apply
How to apply
- Find the city and county that regulate the property and check zoning and building rules.
- Apply through the local portal (for example the New York City OSE portal, the Los Angeles home-sharing portal or the Houston registration portal).
- In Florida, also apply for the state vacation rental license through the Division of Hotels and Restaurants.
- Register for lodging tax and any local business tax receipt where Airbnb does not collect.
Permit rules
- Permits are set locally
- Permits, zoning, safety and health rules come from the governments that regulate the property's location, so a host checks the state, county and city before listing.22
- Advertised price must be the total price
- Since May 12, 2025 a federal rule requires any advertised price for a short-term rental to show the total price, including mandatory fees; taxes and other government charges may be shown separately.1,4 In force since May 12, 2025
- Federal fee rule covers platforms
- The federal fee rule applies to platforms, resellers and travel agents that display short-term lodging prices, not only to hosts.4 In force since May 12, 2025
- Florida state vacation rental license
- Florida vacation rentals are licensed by the state Division of Hotels and Restaurants; online applications are usually processed in one to two business days.5,19 Applies to: Florida
- New York City: registration with OSE
- New York City hosts must register with the Mayor's Office of Special Enforcement (OSE) under Local Law 18, with enforcement beginning after September 5, 2023.8 Applies to: New York City · In force since September 5, 2023
- New York City: platforms verify registration
- Booking platforms may not process transactions for unregistered short-term rentals in New York City.8 Applies to: New York City · In force since September 5, 2023
- San Diego: four license tiers
- San Diego requires a Short-Term Residential Occupancy (STRO) license in one of four tiers, from part-time hosting of 20 days or fewer a year to whole-home rentals; it has been unlawful to operate without one since May 1, 2023.14 Applies to: San Diego · In force since May 1, 2023
- Houston: certificate of registration
- Houston requires a certificate of registration for any dwelling rented for fewer than 30 consecutive days; the ordinance took effect on January 1, 2026.15,17 Applies to: Houston · In force since January 1, 2026
- Austin: operating license, valid two years
- Every short-term rental in Austin needs an operating license, and licenses are now valid for two years instead of one.18 Applies to: Austin · In force since October 1, 2025
Who can host
Who Can Host an Airbnb in United States, and Where
- Florida limits local bans
- Florida law bars local governments from prohibiting vacation rentals or regulating how long or how often they are rented, except for local rules adopted on or before June 1, 2011.2 Applies to: Florida
- Arizona limits local bans
- Arizona law bars cities and towns from prohibiting vacation rentals or short-term rentals.3 Applies to: Arizona
- New York City: host must be present
- New York City allows stays under 30 days only when the host lives in the unit and is there with the guests, with a limit of two guests.7 Applies to: New York City
- New York City: ineligible homes
- New York City does not register rent-controlled, rent-stabilized, public-housing (NYCHA) or single-room-occupancy units.8 Applies to: New York City
- Los Angeles: primary residence only
- Los Angeles allows home-sharing only in the host's primary residence, the home where the host lives more than six months of the year.12 Applies to: Los Angeles · In force since July 1, 2019
- Los Angeles: tenants need landlord approval
- A tenant in Los Angeles must obtain written approval from the landlord, which is notarized and submitted with the application.12 Applies to: Los Angeles
- San Diego: whole-home licenses capped
- San Diego caps whole-home (Tier 3) licenses at 1% of its housing units outside Mission Beach.14 Applies to: San Diego
- Austin: unit and distance limits
- In Austin an individual may operate up to two short-term rental units on a single-family site, and further rentals elsewhere only if at least 1,000 feet apart.18 Applies to: Austin · In force since October 1, 2025
- Miami: no single-family homes in T3 and T4-R zones
- Single-family homes and duplexes in the City of Miami's T3 and T4-R transect zones are not eligible for short-term rental use.20 Applies to: Miami
- Osceola County: zoning overlay
- Osceola County hosts first confirm that their zoning allows short-term rentals, using the county's short-term rental overlay map.19 Applies to: Osceola County
Local rules
Local Rules in United States's 7 Largest Airbnb Markets
National law sets the floor, and local governments add their own limits on top: zones, days of the week, notice to neighbors and local taxes. These are United States's largest Airbnb markets, with the share of each market's listings that display a registration or license number where AirROI has the data.
1. New York, New York
New York County (New York City) County
New York City allows stays under 30 days only when the host lives in the unit and is present, with at most two guests. Hosts register with the Mayor's Office of Special Enforcement for $145, and unregistered rentals face fines of the lesser of $5,000 per transaction or triple the revenue.7,8,9,10
- Registration with the Mayor's Office of Special Enforcement; application fee $145
- Host must live in the unit and be present; two guests maximum
- Rent-controlled, rent-stabilized, NYCHA and SRO units are not eligible
- Platforms may not process stays for unregistered rentals
2. Los Angeles, California
Los Angeles County
Los Angeles allows home-sharing only in the host's primary residence and caps it at 120 days a year unless the host holds an extended registration. Registration costs $89 a year, and fines run $2,422.89 a day beyond the cap.12,13
- Primary residence only; rent-stabilized homes are excluded
- 120 days a year, more with an extended home-sharing registration ($850 review fee)
- Registration $89, renewed annually; number posted on every listing
- Tenants need notarized landlord approval
3. San Diego, California
San Diego County
San Diego licenses short-term rentals in four tiers, from part-time (20 days or fewer a year) to whole-home. Whole-home Tier 3 licenses cost $1,129 plus a $41 application fee for two years and are capped at 1% of housing units; as of October 9, 2026, 802 remained.14
- STRO license required since May 1, 2023; tiers 1 to 4
- Tier 3 whole-home: $1,129 license plus $41 application, valid two years
- Whole-home licenses capped at 1% of housing units; 802 left; Mission Beach Tier 4 closed
- Whole-home licensees must rent at least 90 days a year
4. Houston, Texas
Harris County
Houston requires a certificate of registration for any dwelling rented for fewer than 30 consecutive days, at $275 a year per property. The ordinance took effect on January 1, 2026, and the city will start notifying platforms to remove unregistered listings on January 1, 2027.15,16,17,21,24
- Certificate of registration; $275 a year per property, plus a $33.56 administrative fee (2026)
- Fine: $100 to $500 a day without a certificate
- 24-hour emergency contact; no advertising as an event space
- Platforms remove non-compliant listings within 10 days of city notice
5. Austin, Texas
Travis County
Austin treats short-term rentals as an accessory use in all residential zones, but every rental needs an operating license. A new license costs $736.60 and lasts two years; renewal is $369.60.18
- Operating license required; new $736.60, renewal $369.60, valid two years
- Single-family sites: up to two units per individual; other rentals 1,000 feet apart
- Local contact must live in the Austin metro area
- Platforms collect Hotel Occupancy Tax and, since July 1, 2026, must remove unlicensed listings on request
6. Miami, Florida
Miami-Dade County
The City of Miami treats short-term rental as a lodging use and bars single-family homes and duplexes in T3 and T4-R transect zones. Operators renew a Certificate of Use annually and also hold a city Business Tax Receipt and a state DBPR license.20
- Single-family homes and duplexes in T3 and T4-R zones are not eligible
- Certificate of Use renewed annually
- City Business Tax Receipt renewed annually
- State DBPR vacation rental license required
7. Kissimmee, Florida
Osceola County
Osceola County hosts confirm that their zoning allows short-term rentals, then obtain a state vacation rental license from DBPR and a Local Business Tax Receipt from the Osceola County Tax Collector. Florida law limits how far the county can restrict vacation rentals, and the county tourist tax is 6%.2,5,6,19
- Check the county short-term rental overlay map and zoning first
- State vacation rental license from DBPR (application $50 plus $10)
- Local Business Tax Receipt from the Osceola County Tax Collector
- County tourist tax 6%, on top of the 6% state sales tax
Operating rules
Operating Rules for United States Short-Term Rentals
- Los Angeles: 120 nights a year
- Standard home-sharing in Los Angeles is capped at 120 days a year; extended home-sharing beyond that needs a further registration and notice to neighbors.12 Applies to: Los Angeles · In force since July 1, 2019
- San Diego: 90-night minimum for whole-home licenses
- Whole-home license holders in San Diego must use the home as a short-term rental for at least 90 days a year to keep the license.14 Applies to: San Diego
- Houston: emergency contact, no event listings
- Houston registrants must display a 24-hour emergency contact number, and short-term rentals may not be advertised as event spaces.16 Applies to: Houston · In force since January 1, 2026
- Austin: local contact
- The local contact for an Austin short-term rental must live in Travis, Williamson, Hays, Bastrop or Caldwell County.18 Applies to: Austin · In force since October 1, 2025
- Hosts handle taxes Airbnb does not collect
- Even where Airbnb collects lodging taxes, hosts remain responsible for all other tax obligations, including state and city taxes and business licenses.23
Taxes
How Much Are Airbnb Taxes in United States?
No national rate: the total depends on the state, county and city. In Florida, for example, a 6% state sales tax, any county surtax and a county tourist tax of up to 6% apply to stays of six months or less.
| Tax | Rate | Collected by |
|---|---|---|
| State sales or lodging tax Set by each state; Florida charges a 6% state sales tax on stays of six months or less | —6,23 | Airbnb |
| County and city lodging tax Set locally; Florida county tourist taxes run up to 6% (Osceola County 6%) | —6,23 | Airbnb |
What the host still handles
- A state sales or lodging tax account where Airbnb does not collect (in Florida, with the Department of Revenue)
- A local business tax receipt or business license where the county or city requires one (in Osceola County, from the Tax Collector)
- A city hotel occupancy tax account where required (in Austin, an Austin Finance Online account and quarterly reports)
- Proof of hotel occupancy tax for listings outside Airbnb (in Houston)6,15,18,19,23
Fines
How to Avoid Airbnb Fines in United States
Fines in United States fall on hosting without the State, or outside the rules above. With it in hand and the rules followed, none of the fines below apply.
- New York City: advertising a unit in a building of three or more homes for fewer than 30 days draws fines of $1,000 to $7,500.11
- New York City: renting without a registration is fined at the lesser of $5,000 per transaction or triple the revenue the host generated.10
- Los Angeles: $2,422.89 for each day of home-sharing beyond the 120-day limit without an extended registration, and $1,211.33 a day for a hosting platform (fine schedule effective September 1, 2024).13
- Houston: $100 to $500 for each day of operating without a certificate of registration; platforms must remove non-compliant listings within 10 days of notice.16
- Federal fee rule: businesses that violate the FTC fee rule can be ordered to comply, refund consumers and pay civil penalties.4
Changes
What's Changed in United States's Airbnb Rules, and What's Next
One change is scheduled after October 20, 2026; the most recent rules are listed first.
- January 1, 2027 UpcomingHouston starts notifying platforms to remove unregistered listings
From January 1, 2027, Houston will notify platforms to remove short-term rental listings that lack a certificate of registration.15
- July 1, 2026Austin platform rules take effect
Online platforms hosting Austin short-term rentals must show a license field and remove unlicensed listings on the city's request.18
- January 1, 2026Houston ordinance takes effect
Houston's short-term rental ordinance took effect on January 1, 2026.17
- October 2025Austin licenses run two years
Austin's October 2025 changes made licenses valid for two years, added unit limits and a local-contact area, and let tenants operate with landlord permission.18
- May 12, 2025Federal total-price rule takes effect
The FTC Rule on Unfair or Deceptive Fees began applying to short-term rentals, requiring advertised prices to include mandatory fees.4
- April 16, 2025Houston adopts short-term rental ordinance
Houston City Council approved a registration-based framework for short-term rentals, with a $275 annual fee per property.16
- September 1, 2024Los Angeles updates home-sharing fines
Los Angeles raised its daily home-sharing fines by 3.2%, to $2,422.89 a day beyond the 120-day limit and $1,211.33 a day for hosting platforms.13
- September 5, 2023New York City begins enforcing host registration
The Mayor's Office of Special Enforcement began enforcing Local Law 18 registration after September 5, 2023; booking platforms may not process unregistered stays.8
- May 1, 2023San Diego STRO license required
Operating a short-term rental in the City of San Diego without a Short-Term Residential Occupancy license became unlawful on May 1, 2023.14
Listing data
What United States's Listings Show
What officials report
- 8,429
- San Diego STRO licenses issued (all tiers) · as of October 9, 2026San Diego had issued 8,429 Short-Term Residential Occupancy licenses across its four tiers as of October 9, 2026.14
- 4,859
- San Diego whole-home (Tier 3) licenses issued · as of October 9, 2026Of 4,859 Tier 3 whole-home licenses issued, 802 remained available under the cap; Tier 4 (Mission Beach) had none left.14
Earnings
What Could a Short-Term Rental in United States Earn?
The rules shape the numbers: a permit that costs $89 a year and a cap of 120 nights a year. For a specific address, the short-term rental calculator estimates revenue, occupancy and nightly rate from comparable listings, so you can test the numbers before applying.
FAQ
United States Airbnb Rules: Frequently Asked Questions
Is Airbnb legal in the United States?
Do I need a permit for Airbnb in the United States?
It depends on the city and state. Airbnb tells hosts to look up the permitting, zoning, safety and health rules that apply where the property is; New York City, Los Angeles, San Diego, Houston and Austin all require a registration or license, and Florida requires a state vacation rental license.5,8,12,14,15,18,22
How much does a short-term rental license cost?
Fees are local. New York City charges $145, Los Angeles $89 a year, Houston $275 a year, Austin $736.60 for a new two-year license and San Diego $1,129 plus a $41 application fee for a two-year whole-home license. Florida's state license costs $50 to apply plus $10 and a license fee that starts at $170 a year.5,9,12,14,16,18
Can I rent a home I don't live in?
Does Airbnb collect hotel or occupancy tax in the United States?
In most places, yes. Airbnb collects and remits taxes on the host's behalf in every state except Hawaii, plus DC, Puerto Rico and the U.S. Virgin Islands, but hosts remain responsible for the other tax obligations.23
What is the total lodging tax on an Airbnb stay in the United States?
There is no national rate. In Florida, for example, a 6% state sales tax and any county surtax apply, plus a county tourist tax of up to 6% (Osceola County 6%).6
What is the fine for an illegal short-term rental?
It depends on the city. New York City fines advertising a short stay in a building of three or more homes $1,000 to $7,500, and unregistered rentals the lesser of $5,000 per transaction or triple the revenue; Los Angeles charges $2,422.89 a day beyond 120 nights; Houston charges $100 to $500 a day.10,11,13,16
Is there a limit on how many nights I can host?
Can my city ban short-term rentals?
Does the advertised nightly price have to include the cleaning fee?
Do I need to show a registration number on my Airbnb listing?
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; the Airbnb list of states with tax collection was read in a browser.
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 Local and state governments has the final word on any application.
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. 16 CFR Part 464 - Rule on Unfair or Deceptive Fees · Electronic Code of Federal Regulations
- 2. Florida Statutes 509.032 - Duties of the division · Florida Senate
- 3. Arizona Revised Statutes 9-500.39 - Limits on regulation of vacation rentals and short-term rentals · Arizona Legislature
- 4. The Rule on Unfair or Deceptive Fees: Frequently Asked Questions · Federal Trade Commission
- 5. Guide to Vacation Rentals and Timeshare Projects · Florida Department of Business and Professional Regulation
- 6. Local Option Transient Rental Tax Rates (Tourist Development Tax Rates), form DR-15TDT · Florida Department of Revenue
- 7. What is Local Law 18? · NYC Mayor's Office of Special Enforcement
- 8. Short-Term Rental Registration · NYC311
- 9. FAQ for prospective hosts · NYC Mayor's Office of Special Enforcement
- 10. FAQ for registered hosts · NYC Mayor's Office of Special Enforcement
- 11. Information for Hosts · NYC Mayor's Office of Special Enforcement
- 12. Home-Sharing Ordinance Background and Frequently Asked Questions · Los Angeles City Planning
- 13. Home-Sharing Program - Updated Fines for Violations (effective September 1, 2024) · Los Angeles City Planning
- 14. Short-Term Residential Occupancy (STRO) · City of San Diego Office of the City Treasurer
- 15. Short-Term Rentals · City of Houston Administration and Regulatory Affairs
- 16. Houston City Council approves short-term rental ordinance (April 17, 2025) · City of Houston Administration and Regulatory Affairs
- 17. Newly Adopted Short-Term Rental Ordinance Effective January 1, 2026 · Houston Permitting Center
- 18. Short-Term Rentals · City of Austin Development Services Department
- 19. STRPD District (Short Term Rental Planned Development) · Osceola County
- 20. How to Convert to a Short-Term Rental/Lodging · City of Miami
- 21. 2026 Fee Increase Notice · Houston Permitting Center
- 22. Responsible hosting in the United States · Airbnb Help Center
- 23. Areas where tax collection and remittance by Airbnb is available · Airbnb Help Center
- 24. Hosting in Houston, Texas · Airbnb Help Center