Host Presence Rule: Boston vs New York
How do host presence rule rules compare between Boston, MA and New York, NY?
Boston and New York have similar restriction levels.
Boston, MA
Suffolk County
Boston distinguishes Home Share (host present during stay) from Owner-Occupied (host absent up to limited days) registrations. Home Share has fewer restrictions; Owner-Occupied entire-unit rentals face stricter night caps and inspection requirements.
View full Boston rules →New York, NY
New York County
NYC Local Law 18 of 2022 plus the underlying Multiple Dwelling Law section 4(8)(a) require any short-term rental host of fewer than 30 days to be physically present in the dwelling unit during the guest stay, sharing common space, with no more than two paying guests at a time.
View full New York rules →Key Facts Comparison
| Fact | Boston | New York |
|---|---|---|
| Home Share fee | $25 annually | - |
| Owner-Occupied fee | $200 annually | - |
| Host presence | Required for Home Share | Required entire stay |
| Inspection | Required for Owner-Occupied | - |
| Guest cap | - | 2 paying guests max |
| Statute | - | Admin Code 26-3101 |
| Enforcement | - | OSE inspectors |
Highlighted rows indicate differences between cities.
Boston FAQ
Can I switch from Home Share to Owner-Occupied later?
Yes, but you must reapply, pay the higher fee, and pass full ISD inspection before listing the entire unit while you are away.
Does Home Share have a night cap?
Home Share rentals are not subject to a hard annual night cap because the host remains present, but all stays must be under 28 days.
New York FAQ
Can I leave town while Airbnb guests stay in my apartment?
No. Multiple Dwelling Law section 4(8)(a) and NYC Local Law 18 require the host to remain physically present during stays of less than 30 days. Leaving the unit converts it into an illegal hotel and triggers OSE fines.
Does the rule apply if I rent a single bedroom?
Yes. Even for a single-room rental under 30 days, Admin Code section 26-3101 requires the host to remain in the unit. Locking the host out of common space violates the home-sharing exception built into Local Law 18.
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