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Huntington, NY Short-Term Rentals: Primary-Residence-Only Rule (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Core rule
Property must be owner's principal residence
Applies during
Entire permit term, not just at filing
Certification required
Notarized owner-domicile statement on application
Loss of residency
Grounds for permit denial or revocation
First-offense fine
$150 to $500

Summary

A Huntington short-term rental is only legal in the owner's own home. Section 160-49(B) makes it unlawful to run a short-term rental unless the property is owner-occupied, and Section 160-54 requires the dwelling to stay the owner's principal residence for the entire life of the permit, not just at application.

(B) Owner-occupancy. It shall be unlawful to use, establish, maintain, operate, occupy, rent or lease any property as a short term rental if the property is not owner occupied. The failure of the owner to occupy the property as his principal residence (domicile) shall be deemed a violation of this Article.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4940543; v75 updated 2026-06-09; through 06-09-2026).

Full Breakdown

Section 160-48 defines a short term rental narrowly: it must sit inside a one- or two-family residence that is 'owner-occupied,' meaning the owner uses the house or unit 'as his or her or their principal residence (domicile).' Section 160-49(B) turns that definition into a prohibition, stating it is unlawful to 'use, establish, maintain, operate, occupy, rent or lease any property as a short term rental if the property is not owner occupied,' and that 'the failure of the owner to occupy the property as his principal residence (domicile) shall be deemed a violation of this Article.'

The requirement does not end at permit issuance. Section 160-54(C)(1) lists as a standing condition of every permit that 'the property used for short term rental shall be the principal residence (domicile) of the owner at all times during the term of the permit.' The application itself, under Section 160-52(A)(5), requires each owner to sign a notarized certification 'attesting to the fact... that the owner resides at the property and it is the owner's domicile (primary residence).'

If the owner moves out, sells to an absentee investor, or otherwise stops living at the property, Section 160-61(B) makes that a basis to deny an application, and Section 160-62(C) makes an owner's failure 'to continue to occupy the premises on a continuous basis as his primary residence' grounds to revoke an existing permit.

Violations & Fines

Renting a non-owner-occupied property as a short-term rental violates Article IV and is punishable under Section 160-73(A)(2): $150 to $500 for a first offense, escalating to $500-$750 for a second and $750-$2,000 for a third within five years, each week a separate offense. Losing owner-occupied status is also independent grounds for the Director to revoke the permit under Section 160-62(C).

Frequently Asked Questions

Can I rent out a Huntington house I don't live in as a short-term rental?
No. Section 160-49(B) limits short-term rentals to owner-occupied one- and two-family homes, and Section 160-54(C)(1) requires the property to remain the owner's principal residence for the whole permit term. Renting a non-owner-occupied property is a violation and can also get an existing permit revoked under Section 160-62(C).
What if I move out after getting my short-term rental permit?
Section 160-62(C) lists an owner's failure to continue occupying the property on a continuous basis as his primary residence as its own ground for revocation, separate from any fine. Section 160-67 then makes the owner wait a full year and pay a $150 fee before applying again.
Do I have to prove I live at the rental property?
Yes. Section 160-52(A)(5) requires a notarized certification from each owner attesting that they reside at the property and that it is their domicile, along with government-issued photo ID proving residency, before the Department of Public Safety will issue a permit.

Sources & Official References

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