Primary-Residence-Only Rule: Miami vs New York
How do primary-residence-only rule rules compare between Miami, FL and New York, NY?
Miami has fewer restrictions than New York.
Miami, FL
Miami-Dade County
Florida Statute §509.032 prevents Miami from limiting short-term rentals to a host's primary residence. Miami may only use general zoning to restrict where STRs operate; investor-owned vacation rentals are legal in eligible zoning districts when properly licensed and taxed.
View full Miami 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 | Miami | New York |
|---|---|---|
| Preempted by | FL §509.032 | - |
| Investor STRs | Allowed in eligible zones | - |
| Owner-occupancy | Not required | - |
| HOA rules | May add restrictions | - |
| Min stay | Per zoning, not occupancy | - |
| 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.
Miami FAQ
Can a Miami investor own multiple STR units?
Yes, in eligible T4-T6 zones with proper DBPR license, city Certificate of Use, county STR registration, and tourist tax accounts for each property. Florida law forbids cities from restricting investor ownership.
My condo bans STRs - does city law override?
No. Condo declarations and HOA rules are private contracts that operate independently of city zoning. Even if your unit is in a STR-eligible zone, your association may bar rentals under 30 or 90 days.
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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