Skip to main content
Fulltext search
FILTER RESULTS BY:
RECOMMENDED IN RENT
Moving to NYC after college? Here's how to find a rental apartment
RECOMMENDED IN BUY
How buying real estate in NYC is unlike anywhere else
RECOMMENDED IN SELL
A guide to using a no-fee renovation loan from a NYC real estate firm
RECOMMENDED IN IMPROVE
How to make your NYC renovation more pet-friendly
BEST REAL ESTATE WEBSITE!
National Association of Real Estate Editors
BEST REAL ESTATE WEBSITE! National Association of Real Estate Editors
Brick Underground
Social Links
follow:
  • Facebook
  • Twitter
  • Instagram
  • Flipboard
  • search
Brick Underground
☰ Brick Underground
Brick Underground
Brick Underground
☰
Brick Underground
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
    Towers on Billionaire's Row
    Buy
    I received a pied-à-terre tax notice for my primary residence in NYC. How do I fight this?
    Manhattan apartment towers
    Sell
    Manhattan and Brooklyn sales listings trend in opposite directions
    A sponsor co-op apartment, #10C at 645 West End Ave.
    Co-ops
    The pros and cons of buying a co-op sponsor unit: No board approval required, but you'll pay a premium
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    Starhill Phase II development at 51 Featherbed Lane in the Bronx
    Rent
    Housing lottery launches for 169 rent-stabilized units in Morris Heights
    Columbia University's Low Library in Morningside Heights, NYC
    Rent
    Why I moved to NYC from India: To attend Columbia Business School and advance my career in technology
    A studio with a view at 5241 Center Blvd. is available as a re-rental.
    Affordable Housing
    Land an affordable, rent-stabilized apartment in a new development without entering the Housing Lottery
    Sponsored By TF Cornerstone
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    Manhattan apartment towers
    Sell
    Manhattan and Brooklyn sales listings trend in opposite directions
    Views of the East River and the Manhattan Bridge from lower Manhattan, NYC.
    Sell
    Median price for Manhattan co-ops and condos hit $1.25 million in second quarter
    Residential towers in Brooklyn
    Sell
    Median sales price for Brooklyn condos jumped to $1.49 million in the second quarter
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Hallets Point Esplanade in Astoria, Queens
    Neighborhood Intel
    Explore 7 privately owned outdoor spaces in NYC that are open to the public
    The 1889 Henry and Felicia Ressmeyer House at 348 West 122nd St.
    Live
    The 1889 Henry and Felicia Ressmeyer House at 348 West 122nd St: A Harlem brownstone changes with the times
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    NYC residential towers
    Improve
    How your NYC co-op or condo board can avoid the hidden costs of putting off building repairs
    NYC building with scaffolding
    Renovation
    Ask Altagracia: My rental building is going condo and the renovation is making my life miserable. What are my rights?
    Sponsored By Outerbridge Law P.C.
    Gallery KBNY apartment combination
    Renovation
    Combining two NYC apartments: Why a pre-purchase assessment is the key to success
    Sponsored By Gallery KBNY
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    NYC building with scaffolding
    Renovation
    Ask Altagracia: My rental building is going condo and the renovation is making my life miserable. What are my rights?
    Sponsored By Outerbridge Law P.C.
    88 Central Park West
    Renovation
    How to navigate window replacement at a landmark building on Central Park West
    Sponsored By Window & Door Pro
  • Brick Report
  • About Us
  • About Us
Email address
Fulltext search
FILTER RESULTS BY:
New Main menu
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
  • Brick Report
  • About Us
    • About Us
    • Advertise
  • About Us
SUBSCRIBE TO OUR NEWSLETTER →
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Ask Altagracia [ SPONSORED ]

Ask Sam: Is it OK for me to rent out my rent-stabilized apartment on Airbnb?

By Himmelstein McConnell Gribben & Joseph LLP  | March 1, 2017 - 1:59PM
image

 

 

 

 

 

I have a two-bedroom rent-stabilized apartment, and my roommate just moved out. I don’t plan on replacing her. Am I allowed to occasionally rent out my extra room, i.e. on Airbnb? I saw on a city website that it’s acceptable as long as I don’t profit— does that mean I can make no more than my annual rent payment each year via these short-term rentals? What are the rules for renting out your space in a stabilized unit?

While it is possible to rent out your second bedroom legally, doing so might still put you at risk of losing your stabilized apartment, says Sam Himmelstein, a lawyer who represents residential and commercial tenants and tenant associations. 

"What you're suggesting might technically be legal, if you follow certain guidelines, but it still might get you into trouble," Himmelstein explains.

First, keep in mind that thanks to new anti-Airbnb laws in New York State, it is illegal to rent out space in your apartment for 30 days or less, and you also have to be present in the apartment while your guest is renting in order for it to be above board. On top of that, New York City recently passed a law making it illegal to even advertise a short-term rental of under 30 days in a multi-unit building.

Second, there's the issue of using your rent-stabilized apartment to generate income. "You can't charge a roommate in a rent-stabilized apartment more than their proportional share of the rent," Himmelstein explains. "That amount is defined as the total rent of the apartment divided by the number of people living in it."

So if your rent is $3,000/month, that would mean your totaly daily rent is $100, and the most you could charge an Airbnb renter would be $50/day. "So you might be better off renting to a regular roommate who you could charge $1,500/month," Himmelstein says.

"The other thing that happens is that when other tenants see people coming and going with overnight bags, turning the building into a hotel, they often complain to the landlord," says Himmelstein. "And sometimes they take the complaint to the buildings department. They don't want their building turned into a hotel, because it makes them feel less secure."

And if the landlord or buildings department catches wind of your setup, you could wind up in court, and run the risk of losing your apartment. "It's case by case, but at the end of the day, the courts really don't like it when rent-stabilized tenants commercialize their apartments," says Himmelstein. "There are some cases that say that even if you're not technically violating the rules, if you turn your residential apartment into a B&B or hotel, and are turning your apartment into something of a commercial enterprise, that's a problem."

So if you do decide to rent out your second bedroom to short-term visitor, Himmelstein advises to follow city and state laws regarding Airbnb, not charge more than half of whatever your daily rent would be, and not to host visitors too often, lest you raise the ire of your neighbors. And if you do get into trouble with the management, says Himmelstein, "I usually advise clients in this situation to immediately stop renting out the apartment, and to refund the guests if they've charged any more than the daily rent."

"Usually, if you stop immediately and refund anything that might be deemed an overcharge, you'll be safe [from eviction]," says Himmelstein. "But it depends on how long and how much you rented it out, and how much money you charged."

See all Ask a Renters' Rights Lawyer


 


Sam Himmelstein, Esq. represents NYC tenants and tenant associations in disputes over evictions, rent increases, rental conversions, rent stabilization law, lease buyouts, and many other issues. He is a partner at Himmelstein, McConnell, Gribben, Donoghue & Joseph in Manhattan. To submit a question for this column, click here. To ask about a legal consultation, email Sam or call (212) 349-3000.

Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. We will never promote an advertiser's product without making the relationship clear to our readers.

topics:

Ask Altagracia rent regulation short-term rentals
SHARE
TWEET
BRICK’S PICKS
Manhattan apartment towers
‘Central air or bust’: Many NYC luxury buyers will not consider listings without central AC
Roommates seated on a couch having an argument
How to kick a roommate out of your NYC apartment
Residential towers in Manhattan
What do changes in the Climate Leadership and Community Protection Act mean for NYC co-op and condo buildings?
Governor Kathy Hochul signs new budget
Hochul signs $269 billion budget with new pied-à-terre tax for NYC
New residential buildings in Long Island City, Queens
Changes to lending rules from Fannie Mae and Freddie Mac alarm NYC condo buildings
Governor Kathy Hochul announces proposed a pied-à-terre tax
Hochul unveils new pied-à-terre tax on NYC luxury second homes
Follow Brick on Instagram
@brickunderground | #brickunderground
Brick UndergroundBRICK UNDERGROUNDREAL LIFE. REAL ESTATE. REAL NEW YORK.
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Main menu footer
  • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide

Get more news you can actually use...

Email address

Delivered to your inbox weekly - for free.

*By signing up you agree to receive occasional emails on behalf of our sponsors

Footer Menu
  • About Us
  • Advertise

Copyright 2009-2024 by BND Ventures Inc | Privacy Policy | Terms of Service | Ad Choices | Login | Powered by Mortar CMS, the AI CMS