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🏠 Short-Term Rentals/Host Platform Liability

Host Platform Liability: Boston vs New York

How do host platform liability rules compare between Boston, MA and New York, NY?

Boston and New York have similar restriction levels.

Boston, MA

Suffolk County

Heavy Restrictions

Booking platforms operating in Boston must verify host registration numbers before processing bookings. Platforms processing payments for unregistered units face direct city fines, separate from host-side penalties under Boston's STR ordinance.

View full Boston rules β†’

New York, NY

New York County

Heavy Restrictions

NYC Local Law 18 of 2022 makes Airbnb, Vrbo, Booking.com, and other platforms financially liable for processing transactions on unregistered short-term rentals, requiring real-time validation of OSE host registration numbers and monthly transaction reports.

View full New York rules β†’

Key Facts Comparison

FactBostonNew York
Verification dutyBefore each booking-
Reporting frequencyQuarterly to ISD-
Per-booking fineUp to $300$1,500 platform
Joint liabilityHost plus platform-
Statute-Admin Code 26-3104
Effective date-September 5, 2023
Registry checks-Real-time API required

Highlighted rows indicate differences between cities.

Boston FAQ

Do platforms have to share host data with the City?

Yes. Quarterly reports include host name, address, registration number, total nights booked, and revenue, used by ISD for enforcement and tax verification.

Is this preempted by federal law?

No. The First Circuit held in Airbnb v. Boston that registration-verification rules regulate the platform's own conduct, not user content, so Section 230 does not preempt them.

New York FAQ

Can Airbnb still list any NYC apartment?

Only listings whose hosts hold a valid OSE registration number for a primary residence under 30-day stays can be processed. Local Law 18 forced platforms to delist most NYC inventory after September 5, 2023.

Are platforms liable if a host gives a fake registration number?

Yes. Admin Code section 26-3104 imposes joint liability and requires platforms to verify registration through OSE's real-time API. Failing to validate exposes the platform to $1,500 per booking civil penalty.

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