Are there any exceptions to the short-term rental laws? Section 310.1.3 of the New York City Building Code (BC), found in Title 28 of the Code, provides that an R-3 occupancy includes “buildings or portions thereof containing no more than 2 dwelling unit, occupied, as a rule, for shelter and sleeping accommodation on a long-term basis for a month or more at a time. New York City Building Code prohibits short-term leasing in one and two family homes. The following uses of a dwelling unit by the permanent occupants thereof shall not be deemed to be inconsistent with the occupancy of such dwelling unit for permanent residence purposes: (1)(A) occupancy of such dwelling unit for fewer than thirty consecutive days by other natural persons living within the household. For the purposes of this definition, “permanent residence purposes” shall consist of occupancy of a dwelling unit by the same natural person or family for thirty consecutive days or more and a person or family so occupying a dwelling unit shall be referred to herein as the permanent occupants of such dwelling unit. MDL § 4(8)(a), the relevant statute, states: A “class A” multiple dwelling is a multiple dwelling that is occupied for permanent residence purposes…A class A multiple dwelling shall only be used for permanent residence purposes. NYS Multiple Dwelling Law prohibits short-term rentals in buildings with three or more units. You cannot rent out an entire apartment or home to visitors for less than 30 days, even if you own or live in the building in NYC. Can you rent your apartment or home in NYC (Manhattan, Queens, Brooklyn, Bronx and Staten Island) for less than 30 day to visitors?
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