Primary-Residence-Only Rule: New York vs Philadelphia
How do primary-residence-only rule rules compare between New York, NY and Philadelphia, PA?
Philadelphia has fewer restrictions than New York.
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 →Philadelphia, PA
Philadelphia County
Philadelphia's Limited Lodging category under section 14-604(13) is reserved for operators whose dwelling unit is their primary residence. Investor-only short-term rentals fall into the Visitor Accommodation hotel category, which is allowed only in specific commercial zoning districts.
View full Philadelphia rules →Key Facts Comparison
| Fact | New York | Philadelphia |
|---|---|---|
| Primary residence test | 183 days per year | - |
| Statute | Admin Code 26-3102 | - |
| Multiple units | Barred per host | - |
| Prohibited Buildings List | OSE maintained | - |
| Residency rule | - | Primary residence required |
| Investor STR zoning | - | Visitor Accommodation only |
| Allowed districts | - | Select CMX commercial |
| Proof | - | License and tax records |
Highlighted rows indicate differences between cities.
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.
Philadelphia FAQ
Can a Philadelphia investor list a vacant rowhome on Airbnb?
Only if the property is zoned CMX-3 or higher and licensed as a Visitor Accommodation under section 14-604(14). Most rowhome investor STRs in residential rows violate Limited Lodging primary-residence rules.
Does Philadelphia accept a second home as primary residence?
No. Primary residence means the dwelling the operator occupies most of the year, supported by tax filings and voter registration. Vacation homes and pieds-a-terre cannot use Limited Lodging for STR purposes.
Compare other topics
See how New York and Philadelphia compare on other ordinance categories.
Want to add a third city?
Use our full comparison tool to compare up to three cities.
Open Comparison Tool