The 30-day rule for sublets and short-term rentals in NYC
In New York City, a stay of 30 consecutive days or more in an apartment is a residential tenancy and can be a lawful sublet. A stay shorter than 30 days in a Class A multiple dwelling is a short-term rental: it is allowed only when the host lives in the apartment during the stay, hosts no more than two paying guests, gives them access to the whole home, and is registered with the Office of Special Enforcement. Renting out a whole apartment for under 30 days while you are away is not allowed, and the booking platforms must refuse the booking.
Reviewed October 28, 2026 by the SubletNY team against the sources listed at the end.
Where the 30 days come from
The state Multiple Dwelling Law defines a Class A multiple dwelling as one occupied "for permanent residence purposes", which it in turn defines as occupancy by the same person or family for 30 consecutive days or more. Most apartment buildings in the city are Class A. A shorter stay is transient occupancy, which those buildings are not permitted for.
Local Law 18 of 2022 added the registration regime: since September 2023 a host must be registered with the Office of Special Enforcement before offering a short-term rental, and booking services may not process payment for an unregistered listing.
What this means for a host
If you want to rent your place for fewer than 30 days, you have to be there, limit it to two guests, keep the apartment open to them (no locked-off rooms) and hold a registration number. If you want to rent the whole apartment while you are away, the stay must be 30 days or longer, and then the subletting rules apply instead: landlord consent under § 226-b, and the extra limits for rent-stabilized tenants.
Buildings can also opt out: the city keeps a list of buildings whose owners prohibit short-term rentals, and hosts in those buildings cannot register.
What this means for a renter
Looking for two or three weeks in a whole apartment? Expect to be offered 30-day minimums, or a room in an apartment where the host stays. Searching on SubletNY with your exact dates shows only listings that fit them; the "between leases" guide covers the short-gap options. If an unhosted whole-apartment listing offers a two-week stay, the host is breaking the rule and you may be the one asked to leave.
Penalties and enforcement
Fines fall on the host, not the guest, and the building owner can face violations too. Enforcement is by the Office of Special Enforcement, which also runs the registration. This guide is general information from public sources, not legal advice; for a dispute, speak to a tenant lawyer or a tenant association.
