Primary-Residence-Only Rule: Los Angeles vs New York
How do primary-residence-only rule rules compare between Los Angeles, CA and New York, NY?
Los Angeles and New York have similar restriction levels.
Los Angeles, CA
Los Angeles County
Los Angeles allows short-term home-sharing only at the host's primary residence under LAMC §12.22 A.32(a)(2), defined as the dwelling occupied by the host for at least six months of the calendar year and listed on tax filings.
View full Los Angeles 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 | Los Angeles | New York |
|---|---|---|
| Occupancy threshold | Six months per year | - |
| Proof accepted | Tax filings, license, utilities | - |
| Number allowed | One primary residence only | - |
| RSO units | Generally excluded | - |
| Audit authority | City Planning Department | - |
| 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.
Los Angeles FAQ
Can I home-share my second home in Malibu while living in LA?
No. LAMC §12.22 A.32 limits home-sharing to your one primary residence within Los Angeles city limits. Second homes, vacation houses, and investment properties cannot be registered.
What documents prove primary residence?
California driver's license, voter registration, vehicle registration, two months of utility bills, and federal or state tax returns showing the address are accepted by City Planning during registration and audits.
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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