NYC Local Law 18 sets no annual night cap on hosted short-term rentals in Queens, but unhosted stays under 30 days are prohibited outright, acting as a de facto zero cap for absentee hosts.
Unlike San Francisco, Boston, or Paris, New York City has not set an annual night cap on hosted short-term rentals in Queens. Under Local Law 18, a registered host can accept an unlimited number of hosted stays of fewer than 30 days per year, as long as each stay meets the two-guest maximum and the host is physically present in the dwelling unit during the stay. The practical annual cap is therefore driven by the host own schedule rather than a statutory ceiling. For unhosted stays, the cap is effectively zero. Any rental of fewer than 30 consecutive days without the permanent occupant present is a violation of both Local Law 18 and the NYS Multiple Dwelling Law when the unit is a Class A dwelling. OSE uses booking platform data to detect hosts who exceed the two-guest cap or who operate unregistered listings, and fines begin at 1,000 dollars per day and can reach 7,500 dollars per repeat violation. Rent-stabilized tenants in Queens face an additional hurdle. A tenant who rents out a stabilized unit short-term, even with the host present, risks eviction for illegal use under NYC Rent Stabilization Code and potential forfeiture of stabilized status for the unit.
Contact your local code enforcement office for specific penalty information.
See how Queens County's night caps rules stack up against other locations.
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