Host Presence Rule: Chicago vs New York
How do host presence rule rules compare between Chicago, IL and New York, NY?
Chicago has fewer restrictions than New York.
Chicago, IL
Cook County
Chicago does not require the host to remain onsite during a Shared Housing rental, but the dwelling must be the host's primary residence registered under MCC 4-14, and only one such unit per host is permitted citywide.
View full Chicago 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 | Chicago | New York |
|---|---|---|
| Host onsite required | No, presence not mandated | - |
| Primary residence rule | Yes, registered residence only | - |
| Units per host | One Shared Housing unit | - |
| Code chapters | MCC 4-13 and 4-14 | - |
| Regulator | BACP Department | - |
| Host presence | - | Required entire stay |
| Guest cap | - | 2 paying guests max |
| Statute | - | Admin Code 26-3101 |
| Enforcement | - | OSE inspectors |
Highlighted rows indicate differences between cities.
Chicago FAQ
Can I travel and rent my whole Chicago condo on Airbnb?
Yes if the unit is your registered Shared Housing primary residence, you stay within nightly caps, and the building is not on the city Prohibited Buildings List.
Do I need a roommate in the unit during a stay?
No. Chicago Shared Housing rules do not require any occupant to be onsite during a guest stay, only that the unit remain your registered primary residence.
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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