New York vs Philadelphia
How do occupancy limits rules compare between New York, NY and Philadelphia, PA?
Philadelphia has fewer restrictions than New York.
New York, NY
New York County
Local Law 18 of 2022 (Admin Code §26-18) requires all short-term rental hosts to register with the Mayor's Office of Special Enforcement (OSE). Only the permanent resident may host, and no more than 2 paying guests are allowed at a time. The host must be present during the stay.
View full New York rules →Philadelphia, PA
Philadelphia County
Philadelphia does not have a dedicated short-term rental ordinance with specific occupancy caps. STRs must comply with the general rental license requirements of Phila. Code Chapter 9-3900 and applicable building/fire code occupancy limits. The Philadelphia Fire Code and building code set maximum occupancy based on egress and floor area.
View full Philadelphia rules →Key Facts Comparison
| Fact | New York | Philadelphia |
|---|---|---|
| Max Guests | 2 paying guests at a time | - |
| Host Presence | Must be present during stay | - |
| Registration | Required with OSE | - |
| First Violation | $1,000 fine | - |
| Law | Local Law 18 of 2022 (§26-18) | - |
| STR Ordinance | - | No dedicated STR occupancy limits |
| Rental License | - | Required under Phila. Code §9-3902 |
| Occupancy | - | Set by building/fire code based on egress |
| Enforcement | - | L&I and Fire Department |
Highlighted rows indicate differences between cities.
New York FAQ
How many guests can I have in my NYC short-term rental?
Under Local Law 18 of 2022, you may host no more than 2 paying guests at a time. You must be physically present during the stay and registered with the Mayor's Office of Special Enforcement.
Can I rent my entire apartment on Airbnb in NYC?
Not for stays under 30 days unless you are physically present. The Multiple Dwelling Law and Local Law 18 effectively prohibit whole-apartment short-term rentals in most NYC buildings.
Philadelphia FAQ
Does Philadelphia have occupancy limits for short-term rentals?
Philadelphia does not have STR-specific occupancy caps. General building and fire code occupancy limits apply based on egress capacity and floor area. All rental units require a license under Phila. Code §9-3902.
Do I need a rental license for an Airbnb in Philadelphia?
Yes. All dwelling units let for occupancy require a rental license under Phila. Code §9-3902, which costs $55 per unit annually. You must also collect and remit the Hotel Tax and the city Business Income and Receipts Tax.
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