Host Presence Rule: Miami vs New York
How do host presence rule rules compare between Miami, FL and New York, NY?
Miami and New York have similar restriction levels.
Miami, FL
Miami-Dade County
Miami Code Sec. 2-211 limits short-term rentals to specific zoning districts and requires a Certificate of Use, but cannot require host presence due to FL §509.032 preemption of operational rules. Miami-Dade County also requires a separate STR registration and tourist tax.
View full Miami 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 | Miami | New York |
|---|---|---|
| City rule | Miami Sec. 2-211 | - |
| State preemption | FL §509.032 | - |
| Allowed zones | T4-T6 only | - |
| Required license | DBPR + city CU | - |
| Tourist tax | 6% TDT county | - |
| 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.
Miami FAQ
Can Miami require I sleep on-site during my Airbnb?
No. Florida Statute 509.032 preempts operational mandates like host-presence. Miami can use zoning to bar STRs from single-family neighborhoods but cannot regulate how a permitted STR operates beyond standard property rules.
Is my Brickell condo eligible to STR?
Likely yes from a city zoning standpoint (T6 high-density), but check your condo association rules and Miami-Dade STR registry. HOAs and condo declarations may impose 30-day or 6-month rental minimums independent of city law.
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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