Primary-Residence-Only Rule: Boston vs New York
How do primary-residence-only rule rules compare between Boston, MA and New York, NY?
Boston and New York have similar restriction levels.
Boston, MA
Suffolk County
Boston Ordinance 12-9.1 (2018, revised 2019) restricts short-term rentals to a host's primary residence. Investor-owned, non-owner-occupied units cannot legally operate as STRs anywhere in Boston regardless of zoning.
View full Boston rules →New York, NY
New York County
Under NYC Multiple Dwelling Law section 4(8)(a) and Admin Code section 26-3102, short-term rentals of fewer than 30 days are allowed only at the host's primary residence, where the host is registered to vote, files taxes, and lives at least 183 days a year.
View full New York rules →Key Facts Comparison
| Fact | Boston | New York |
|---|---|---|
| Citation | Boston Code Ch. 9 §9-14 | - |
| Effective | January 2019 | - |
| Enforcing agency | ISD | - |
| Investor units | Categorically prohibited | - |
| Min stay threshold | Under 28 days | - |
| Primary residence test | - | 183 days per year |
| Statute | - | Admin Code 26-3102 |
| Multiple units | - | Barred per host |
| Prohibited Buildings List | - | OSE maintained |
Highlighted rows indicate differences between cities.
Boston FAQ
Can I rent my second home on Airbnb in Boston?
No. Boston requires the unit be your primary residence. Vacation homes, investor-owned units, and second homes cannot register as short-term rentals.
What proves primary residency?
Voter registration, MA driver's license, utility bills, and tax filings showing the Boston address. ISD reviews documentation during the registration application.
New York FAQ
Can I list my second home in Brooklyn on Airbnb?
No. Admin Code section 26-3102 limits NYC short-term rentals to a host's primary residence. Second homes, vacation apartments, and corporate units cannot be registered for stays under 30 days under Local Law 18.
What counts as a primary residence in NYC?
OSE looks for a driver's license, voter registration, utility bills, and tax filings showing at least 183 days of occupancy at the listing address each year. A single host may register only one primary residence.
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