Host Presence Rule: Los Angeles vs New York
How do host presence rule rules compare between Los Angeles, CA and New York, NY?
Los Angeles has fewer restrictions than New York.
Los Angeles, CA
Los Angeles County
Los Angeles does not require the host to be physically present during a home-share rental, but the dwelling must remain the host's primary residence and the host must hold a valid Home-Sharing Registration under LAMC §12.22 A.32.
View full Los Angeles 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 | Los Angeles | New York |
|---|---|---|
| Host onsite required | No, presence not mandated | - |
| Primary residence rule | Yes, registered residence only | - |
| Annual cap | 120 nights without extended permit | - |
| Registration | HSR number required | - |
| Fine range | Up to $2,000 per day | - |
| 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.
Los Angeles FAQ
Can I travel and rent out my whole house in LA?
Yes, unhosted whole-home stays are allowed if the property is your registered primary residence and you stay within the 120-night annual cap or hold an Extended Home-Share permit.
Do I need a roommate present during the rental?
No. LAMC §12.22 A.32 does not require the host or any occupant to be physically onsite during a guest stay, only that the dwelling be the host's 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.
Compare other topics
See how Los Angeles and New York compare on other ordinance categories.
Want to add a third city?
Use our full comparison tool to compare up to three cities.
Open Comparison Tool