

AirBNB Rentals Mostly Illegal, New York State Contends - EGreg
http://mobile.nytimes.com/2014/10/16/business/airbnb-listings-mostly-illegal-state-contends.html?referrer=&_r=0

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greenyoda
Note: No new news here. This article is from October.

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EGreg
So what makes the difference between legal and not? It says 75% are illegal.

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greenyoda
From what I understand, in NY, if you're renting your property to someone for
less than 30 days, the law considers you to be operating a hotel, and you need
to obey the laws that govern hotels - pay the hotel tax, comply with safety
regulations (e.g., commercial fire codes), etc.

If you're living in a rented apartment, renting it out without the landlord's
approval violates the terms of your lease, and you face eviction. The landlord
would never give permission for a sublease of less than 30 days, since that
would be operating an illegal hotel. If you're living in a condo/coop
building, renting your unit usually requires the permission of the building's
board (which they're also not going to give you for a short-term rental).

Also, you'd need to declare your rental income on your tax return. Otherwise,
you're breaking the laws regarding tax evasion.

If you aren't violating the above conditions, your rental could be legal.

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EGreg
What if someone agrees to basically be your roommate for 30-90 days? And you
are traveling and not around, and they move out when you come back?

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greenyoda
If you live in a rented apartment, you probably still need the landlord's
permission to have someone who is not named on the lease live there for that
period of time. If you're not there and they're paying you to live there, it
really sounds like it's a sublease, not a roommate situation. But why listen
to me? Take a look at your lease contract and see what it says.

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EGreg
What are the laws that make the other 25% legal? What should a host watch out
for as the biggest factors?

