Primary-Residence-Only Rule: Chicago vs New York
How do primary-residence-only rule rules compare between Chicago, IL and New York, NY?
Chicago and New York have similar restriction levels.
Chicago, IL
Cook County
Chicago's Vacation Rental and Shared Housing Ordinance MCC 4-14 limits most short-term rental hosts to their primary residence. Non-primary listings require Vacation Rental licensing with stricter zoning, and many wards prohibit non-owner-occupied operations through restricted-zone votes.
View full Chicago 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 | Chicago | New York |
|---|---|---|
| Code | MCC 4-14 Shared Housing | - |
| Primary-residence rule | Required for Shared Housing | - |
| Vacation rental | Separate license, restricted zones | - |
| Hotel tax | 4.5 percent city share | - |
| Restriction trigger | Precinct vote allowed | - |
| 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.
Chicago FAQ
Can I list my second home on Airbnb in Chicago?
Only if it sits outside a Restricted Residential Zone and you obtain a Vacation Rental License. Otherwise short-term rental of a non-primary residence is prohibited under MCC 4-14 and platforms must remove unlicensed listings.
How do I prove primary residence?
Show two of: driver's license matching the address, voter registration, recent utility bills, mortgage or homestead exemption documents. The Department of Business Affairs verifies during license review and renewals.
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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