Host Presence Rule: New York vs Philadelphia
How do host presence rule rules compare between New York, NY and Philadelphia, PA?
Philadelphia has fewer restrictions than New York.
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 →Philadelphia, PA
Philadelphia County
Philadelphia Code section 14-604(13) and Title 9-3902 distinguish a Limited Lodging operator, who must use the home as a primary residence and be present or rent fewer than 90 nights per year, from a Visitor Accommodation, which needs a hotel zoning use and rental license.
View full Philadelphia rules →Key Facts Comparison
| Fact | New York | Philadelphia |
|---|---|---|
| Host presence | Required entire stay | - |
| Guest cap | 2 paying guests max | - |
| Statute | Admin Code 26-3101 | Philadelphia Code 14-604(13) |
| Enforcement | OSE inspectors | - |
| Limited Lodging cap | - | 90 nights without host |
| License agency | - | L&I |
| Hotel Tax | - | Required |
Highlighted rows indicate differences between cities.
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.
Philadelphia FAQ
Can a Philadelphia host rent the whole rowhome while traveling?
Yes, up to 90 nights per year as Limited Lodging if it remains their primary residence. Above 90 nights they must convert to a Visitor Accommodation use, which is restricted to specific commercial zones.
Does the host-presence rule apply to a duplex's other unit?
Limited Lodging only applies to the operator's primary-residence unit. A second unit rented short-term independently triggers Visitor Accommodation classification under section 14-604(13) with hotel zoning needs.
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