What are the risks of using Airbnb in New York?

What are the risks of using Airbnb in New York? - Young female in VR glasses standing in light room and testing new device

Context: I'm 29, travelling solo to San Francisco & New-York for the first time. I have a budget of around $140-170 a night. I'll be doing a week in each but my concern pertains mostly to New York given the recent law brought in.

I just want some privacy, cleanness and a kitchen so I can cook meals. Therefore a 'whole apartment' on Airbnb really appealed to me.

However, I'm worried now because it's breaking the law. What is the general feeling on whether this is enforced?

And as a person renting, if caught, can you be penalised or fined? or is that only for the host.

I've tried searching legit apartment/hotels but the prices are much above my range so I'm afraid i may be looking at a hostel or taking the risk with Airbnb.



Best Answer

The exemption as it stands only applies if the owner is home - ie if you're sharing a room of theirs. This is what AirBNB is arguing on behalf of a recent host who was fined for this - his room-mate was home at the time.

The law itself governs the hosts - they're entitled to host you if they're at home. So as a guest, you'd expect them to be home as well, under the current law. If they then aren't there, you could argue you weren't expecting that. However, if you exchange emails and know that you're going to a place where the host isn't there at the same time (eg a whole apartment), then you might be in some hot water, although my understanding is that it's only the hosts that are getting pinged at present.

My thought is like this: if you were staying at a hotel that didn't have a license, you don't know that, you'd assume they do. If it turns out their license had expired, you'd be fine (reasonable assumption). However, if you knew in advance that the hotel had no license...I'm no lawyer, but that may be a different story.

As the linked article points to, however, there are currently loads of listings on AirBNB, all flouting that law...

If it's just you and you've got some time, I'd consider the YHA. It's a nice hostel, very central, and completely legit :)




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Is it safe to book Airbnb in New York?

Re: Is airBnB safe in NYC? All short term vacation rentals of 30 days or less in buildings with more than 2 units are illegal in NYC. Where you find them (AirBnB or any place else) is irrelevant. Those sites don't vet the listings to make sure they're legal.

What are the dangers of Airbnb?

Here are the biggest Airbnb risks that Airbnb hosts face in using the platform to run a vacation rental business.
  • Liability Risks. ...
  • Every Airbnb Host Risks Renting to Squatters. ...
  • Changing Regulatory Environments for Airbnb Hosts. ...
  • Unavoidable Airbnb Risks: Canceled Bookings. ...
  • Airbnb's Negative Impact on Property Values.


  • Is it illegal to have an Airbnb in New York?

    Indeed, most short-term rentals are illegal in New York City. Stiff fines have been enacted in an attempt to halt illegal rentals. And Airbnb does not permit hosts to have more than one listing at any single address in New York City (but hosts can have listings at different addresses).

    Why is Airbnb not allowed in NYC?

    New York State has also banned advertisement for rentals in \u201cClass A\u201d dwellings that are in violation of the Multiple Dwellings Law's restriction on short-term rentals. Penalties on those who are found by the New York City Office of Special Enforcement to be violating this law begin at $1,000 for the first violation.



    Why is New York City cracking down on Airbnb?




    Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

    Images: Vanessa Loring, Ketut Subiyanto, Ketut Subiyanto, SHVETS production