New York City Host-Present Rule, Explained

The host-present rule for New York City short stays under 30 days means the host lives in the unit and is present during the guest stay. It is not satisfied by owning the unit, by living nearby, by having a manager nearby, or by visiting daily. The host's home and the guest's stay share the same unit at the same time, which is why the model also limits guests to 2. A whole apartment let while the host is elsewhere is the opposite of this model, however comfortable the apartment may be.

Hosts sometimes ask whether presence can be shared or rotated among household members. The answer depends on who is registered and who actually occupies the unit, and hosts should describe the occupying household accurately in registration and listings. A household member who genuinely lives in the unit is different from a friend or manager who does not. When the occupying household is unclear, seek clarification from OSE guidance before listing.

Presence divides hosted short stays, which the law permits under registration, from unhosted whole-home lets under 30 days, which it does not permit in the covered category. That division reflects housing, safety and neighbour concerns: a present host can respond to emergencies, manage noise, and ensure the unit is used as a home, while an absent host cannot. Hosts who understand that division will not be surprised when an absent-host listing is removed, even if it has good reviews.

Presence also affects guest expectations. Guests in a host-present stay share living space, bathrooms or kitchens in ways that whole-home guests do not. Listings should describe shared spaces honestly, so guests arrive expecting a hosted stay, not a private apartment. Misleading a guest about presence creates complaints, cancellations and reviews that harm the host as well as breaching the rule.

Presence is shown through registration details, listing description, and actual occupancy. Registration should name the occupant host accurately. Listings should describe the host's presence and shared areas accurately, not imply a private apartment. Actual stays should match: the host should be present as described, and stay records should be consistent with hosted stays, not with whole-home turnover patterns.

Evidence of presence, if ever queried, may include occupancy records, neighbour knowledge, building records and stay patterns. Hosts should not manufacture presence evidence, such as false occupancy claims or staged visits. Genuine presence needs no manufacture; it is visible in ordinary records. Hosts who cannot show genuine presence should not offer hosted stays.

The presence rule governs covered short stays under 30 days. Longer stays, generally 30 days or more, fall under different housing rules, including tenancy considerations, and are not hosted short stays in the same sense. Hosts should not use a 30-day booking as a device to evade the presence rule for what is really a series of short stays, since authorities and platforms look at actual patterns, not labels. A genuine longer stay, with tenancy-appropriate terms, is a different category and needs its own advice.

Other housing categories, such as hotels and licensed lodging, follow their own rules and are not host-present short lets. A host who operates a larger lodging business should check whether a different licence or category applies, rather than assuming Local Law 18 hosted registration covers it. Category mistakes are common where a host scales from one hosted room to several units.

In a host-present stay, house rules should reflect shared living: quiet hours, shared bathroom and kitchen use, guest limits, and emergency procedures for a shared home. Guests should receive those rules before arrival, so expectations are set while cancellation is still possible. A host-present stay with whole-home house rules, such as unrestricted guest parties, contradicts the model and invites complaints.

Safety information in a shared home needs particular care: exits, alarms, and emergency contacts should be clear to a guest who does not know the building. Keep that information in the unit and in pre-arrival messages. A guest who cannot find an exit in an emergency faces a risk that no listing description can mitigate after the fact.

Before each booking, confirm the host will be present as described, the guest count is within 2, the listing describes shared space accurately, and the stay log records a hosted stay. If presence cannot be provided for a requested period, decline or reschedule that booking rather than letting it run as an unhosted stay. That discipline, applied booking by booking, keeps a hosted operation lawful across a season.

This guide is general information only, last verified on 26 October 2026. Verify current presence guidance on nyc.gov OSE pages before acting.