Bronx County, New York Short-Term Rental Regulation: A Guide For Airbnb Hosts

What are Short-Term Rental (Airbnb, VRBO) Regulations in Bronx County, New York?

New York City, including Bronx County, has some of the strictest short-term rental regulations in the United States. As of September 5, 2023, Local Law 18, also known as the Short-Term Rental Registration Law, requires hosts on platforms like Airbnb and VRBO to register with the Mayor's Office of Special Enforcement (OSE) in order to operate legally.

Under the new law, hosts must live in the dwelling they are renting out, can only have up to two guests at a time, and the guests must have unrestricted access to all rooms in the unit. Renting out an entire apartment or home for less than 30 days is illegal, even if the host owns or lives in the building. Fines for violating these regulations can be up to $5,000.

The law aims to crack down on illegal hotel operators and address the housing crisis in NYC. However, it has faced criticism from Airbnb and some hosts who rely on short-term rentals for income. Airbnb considers the rules so restrictive that it is effectively a "de facto ban" on its business in the city.

Starting a Short-Term Rental Business in Bronx County

Given the strict regulations, starting a short-term rental business in Bronx County is challenging. Here are the key requirements:

• You must be the permanent occupant of the dwelling unit
• You can only rent to a maximum of two guests at a time
• Guests must have access to the entire unit (no locked doors or separated spaces)
• You must register with the Mayor's Office of Special Enforcement
• Certain buildings, like rent-regulated apartments, are prohibited from being used as short-term rentals

Hosts who meet all the criteria can apply for registration on the OSE website. They must provide proof of permanent occupancy, identity, and certify that they are not prohibited by a lease or other agreement from offering short-term rentals.

Even for hosts operating legally, the rules present challenges. As one host put it: "The two most problematic Local 18 requirements are: 1) Requiring short-term rentals have no separation of living spaces or locked doors between families and guests, thus making privacy and security risks a requirement to rent our homes. 2) The requirement of stays of 30 days or more also increases the risk of squatter laws being used opportunistically against homeowners."

In summary, while it is still possible to operate a short-term rental in Bronx County, the barriers to entry are high and hosts face significant limitations and risks. Consulting with a local lawyer is advised before pursuing this business venture.

Short-Term Rental Licensing Requirements in Bronx County

To legally operate a short-term rental in Bronx County, hosts must register with the Mayor's Office of Special Enforcement (OSE). The registration process opened on March 6, 2023, and is mandatory under Local Law 18.

Key requirements for registration eligibility:

1. The host must be a natural person and the permanent occupant of the dwelling unit
2. The host must certify they are not prohibited by a lease or other agreement from offering short-term rentals
3. Rent-regulated units (e.g. rent controlled, rent stabilized) are not eligible
4. Buildings where the owner has opted out of allowing short-term rentals are not eligible

To apply for registration, hosts must submit an application through the OSE's online portal. Required information includes:

1. Proof of permanent occupancy and identity
2. Listing URLs or identifiers for all existing short-term rental listings of the unit
3. A $145 non-refundable application fee paid at the time of submission

After registering, hosts must report any new listings to the OSE prior to accepting bookings. Registration is non-transferable.

Fines for violating the short-term rental laws, including operating without registration, can be up to $5,000. In the first 8 months of enforcement, NYC issued over $16 million in fines to illegal operators.

In summary, while short-term rental registration is technically possible in Bronx County, the requirements are very restrictive. Hosts must carefully review their eligibility and be prepared for a lengthy approval process. Operating without proper registration risks substantial financial penalties.

Required Documents for Bronx County Short-Term Rentals

To apply for a short-term rental registration in Bronx County, hosts must submit the following documents through the Mayor's Office of Special Enforcement (OSE) online portal:

1. Proof of permanent occupancy: This document verifies that the applicant is the permanent occupant of the dwelling unit. Acceptable forms include a lease, deed, or utility bill in the applicant's name for the address. The purpose is to ensure the host resides in the unit, as required by law.
2. Proof of identity: The applicant must provide a government-issued photo ID to confirm their identity matches the name on the proof of permanent occupancy. This safeguards against fraudulent registrations.
3. Lease agreement (for renters): If the applicant is a tenant, they must upload the portion of their lease showing the start and end dates, unit address, and names and signatures of the parties. This allows OSE to verify the applicant is not prohibited from short-term rentals by their lease terms.
4. Diagram of normal and emergency exit routes: The host must create and submit a diagram showing the layout of the unit and building with normal and emergency egress paths. This will be posted in the rental unit to ensure guest safety.

In addition to these documents, the applicant must also:

1. Pay a non-refundable $145 application fee at the time of submission
2. Certify they have read and will comply with all applicable short-term rental laws and rules
3. Acknowledge the application information will be published on the city's open data portal, including the registration number, listing URLs, unit address, and status

Once the application is approved, OSE will provide the host with a short-term rental registration certificate indicating the address, unique registration number, expiration date, and an emergency contact number. This certificate must be conspicuously posted in the rental unit.

It's important to note that being issued a registration does not override any other laws or regulations, such as the certificate of occupancy, zoning resolutions, or the multiple dwelling law. Hosts must comply with all applicable rules.

Bronx County Short-Term Rental Taxes

Short-term rentals in Bronx County are subject to several taxes at both the state and local level. It's important for hosts to understand these tax obligations to ensure compliance and avoid penalties.

The main taxes that apply to short-term rentals in the Bronx are:

1. New York State Sales Tax: 4% of the listing price including any cleaning fees
2. New York City Hotel Room Occupancy Tax: 5.875% of the listing price
3. New York City Hotel Unit Fee: $1.50 per day
4. New York City Sales Tax: 8.875%

In total, these taxes can add up to nearly 20% of the rental price. It's the host's responsibility to collect these taxes from guests and remit them to the appropriate authorities, unless the rental platform (like Airbnb) has an agreement in place to collect and remit taxes on the host's behalf.

Note that short-term rentals are defined as stays of less than 90 consecutive days for tax purposes. Stays of 90 days or more are generally exempt from sales and occupancy taxes.

Possible Tax Deductions

To offset some of the tax burden, short-term rental hosts may be able to deduct certain expenses on their income tax returns. Potential deductions include:

1. Depreciation of the rental property over 27.5 years
2. Furniture and equipment costs
3. Cleaning and maintenance fees
4. Repair costs
5. Supplies
6. Insurance
7. Utilities

Hosts should keep detailed records and consult with a tax professional to determine which deductions they are eligible for. To qualify for these deductions, the property must be rented for more than 14 days per year, and the host must either use the property themselves for less than 14 days or less than 10% of the total rental days.

In summary, while short-term rental taxes in the Bronx are relatively high compared to other areas, hosts who are diligent about compliance and maximizing their deductions can still run a profitable rental business. The key is to factor the tax obligation into pricing, stay up-to-date on local regulations, and seek professional advice when needed.

New York State Wide Short-Term Rental Rules

In addition to the local regulations in Bronx County and New York City, short-term rental hosts must also comply with state-wide laws in New York. The primary state law governing short-term rentals is the New York State Multiple Dwelling Law.

The Multiple Dwelling Law defines two main types of dwellings:

1. "Class A" multiple dwellings include residential apartment buildings. Short-term rentals (less than 30 days) are prohibited in these buildings unless the permanent tenant is present.
2. "Class B" multiple dwellings include hotels and lodging houses that are designed for transient occupancy. Short-term rentals are allowed in these buildings.

This means that in most apartment buildings in New York state, including in the Bronx, short-term rentals of entire units are not permitted. However, renting out a spare room may be allowed if the permanent resident is present throughout the guest's stay.

For tax purposes, New York State defines short-term rentals as stays of less than 90 consecutive days. Applicable taxes may include state sales tax (4%), New York City hotel room occupancy tax (5.875%), and more. Hosts are responsible for collecting and remitting these taxes unless the rental platform collects on their behalf.

Advertising a short-term rental in a "Class A" dwelling on sites like Airbnb is also prohibited under state law. Fines range from $1,000 to $7,500.

In summary, while Bronx County hosts must navigate the strict local NYC regulations like registering their rentals and limiting stays to 30+ days, they are also bound by state-wide rules. The Multiple Dwelling Law's occupancy classifications and the ban on short-term rentals in most apartment buildings apply across New York state. Complying with these layered state and local requirements is essential for hosts.

Does Bronx County Strictly Enforce Short-Term Rental Rules?

Based on host experiences shared on forums like Reddit and Bigger Pockets, Bronx County and New York City as a whole are decidedly unfriendly towards short-term rentals compared to most other major U.S. cities. The city's rules are extremely restrictive and actively enforced, making it very difficult for hosts to operate legally.

Under the current regulations, hosts must be present during guest stays, can have no more than two paying guests at a time, and cannot rent out entire apartments for less than 30 days. Fines for non-compliance can reach $5,000 per violation. In the first 8 months of enforcement alone, the city issued over $16 million in fines to illegal short-term rental operators.

While some hosts still attempt to skirt the rules, the risks are high. The city has dedicated substantial resources to cracking down on illegal rentals, with the goal of returning apartments to the long-term housing market. Hosts face not only steep fines, but also the possibility of lease violations and eviction if caught.

One host on Reddit summed up the challenging environment: "NYC host refuses to host anyone over 30 days or a month in this case because of squatter rights and evictions taking a long time due to the backlog of cases in housing court. No one wants to risk having to deal with this situation."

Another Bigger Pockets user lamented that "In the current situation it looks like it's impossible to rent both over and under 30 days, which sounds ridiculous... There must be a way surely?" Unfortunately, legally hosting short-term rentals in Bronx County has become extremely difficult under the current regime.

In conclusion, Bronx County and NYC as a whole are among the least Airbnb-friendly jurisdictions in the country. The city's strict rules and aggressive enforcement make operating a short-term rental exceedingly challenging. While some hosts still attempt to fly under the radar, they face substantial financial and legal risks in doing so. For most, the regulations have created a de facto ban on short-term rentals.

How to Start a Short-Term Rental Business in Bronx County

Starting a short-term rental business in Bronx County is challenging due to strict local regulations, but it can be done if you meet the eligibility criteria and follow these steps:

Determine if you are eligible to register

1. You must be the permanent occupant of the dwelling unit
2. Your building cannot be on the city's prohibited buildings list
3. If you are a renter, your lease must not prohibit short-term rentals
4. Rent-regulated units are not eligible

Familiarize yourself with all applicable laws and regulations

• Review the NYC Short-Term Rental Registration Law (Local Law 18)
• Understand the NY State Multiple Dwelling Law's restrictions on short-term rentals
• Check your building's certificate of occupancy and zoning resolutions
• Consult with a local lawyer specializing in real estate to ensure compliance

Prepare your unit for rental

• Ensure your space meets all safety requirements (smoke detectors, fire extinguishers, etc.)
• Create a diagram of normal and emergency exit routes for guests
• Decorate and furnish your rental to appeal to your target guests
• Invest in good security measures like smart locks and cameras

Register with the Mayor's Office of Special Enforcement (OSE)

• Create an account on the OSE's online registration portal
• Gather required documents (proof of occupancy, ID, lease, etc.)
• Pay the $145 application fee
• Submit your application and wait for approval (may take several months)

List your property on booking platforms

• Once registered, add your listing to sites like Airbnb or VRBO
• Optimize your listing with appealing photos and an enticing description
• Set competitive rates based on comparable rentals in your area
• Communicate your house rules and expectations clearly to guests

Manage your bookings and guests

• Respond promptly to booking inquiries and guest questions
• Arrange key exchanges or use a lockbox for self check-in
• Provide a welcome guide with local tips and emergency contacts
• Hire a cleaner to turnover the unit between guests if needed

Collect and remit required taxes

• Short-term rentals are subject to state and local sales and occupancy taxes
• Register with tax authorities to obtain a tax ID number
• Collect taxes from guests and remit them to the proper agencies
• Keep detailed records of all transactions for accounting and tax purposes

Stay compliant and adapt to regulatory changes

• Regularly review city and state websites for updates to short-term rental laws
• Maintain your OSE registration by renewing annually and updating listing info
• Address any neighbor complaints or issues promptly to avoid violations
• Consider working with a short-term rental property management company

By carefully following these steps and staying informed of the ever-changing regulatory landscape, you can build a successful short-term rental business in Bronx County. The keys are to ensure you meet all requirements, provide an excellent guest experience, and remain adaptable in the face of new challenges.

Who to Contact in Bronx County about Short-Term Rental Regulations and Zoning?

If you have questions about short-term rental regulations or zoning in Bronx County, here are some key contacts and resources:

NYC Mayor's Office of Special Enforcement (OSE): OSE is responsible for enforcing the Short-Term Rental Registration Law. Contact them for questions about registration, requirements, and enforcement.

• Phone: Call 311
• Online: Submit a question or complaint at https://portal.311.nyc.gov/article/?kanumber=KA-03559

NYC Department of City Planning, Bronx Borough Office: Contact the Bronx office for questions about zoning, certificates of occupancy, and land use.

• Address: 1775 Grand Concourse, Suite 503, Bronx, NY 10453
• Phone: 718-220-8500
• Fax: 718-584-8628
• Zoning Help Desk: 212-720-3291 (Leave a message and a specialist will respond within 2 business days)

NYC Department of Buildings (DOB), Bronx Borough Office: DOB enforces building codes and safety requirements. Contact them about questions or complaints related to building safety and illegal occupancies.

• Address: 1932 Arthur Avenue, 5th Floor, Bronx, NY 10457
• Phone: 718-960-4800

In addition, short-term rental hosts in the Bronx may find support and information through these groups and communities:

Bronx STR Host Club (Facebook Group): A community forum for Bronx hosts to share experiences, ask questions, and get advice from fellow hosts. https://www.facebook.com/groups/bronxstrhostclub/

Northwest Bronx Community and Clergy Coalition: A community organizing group that advocates for affordable housing and tenant rights in the Bronx. They may provide guidance on navigating regulations.

1. Phone: 718-584-0515
2. Email: info@northwestbronx.org
3. Website: https://www.northwestbronx.org/housing

Airbnb New York Hosting Club: While not Bronx-specific, this club connects Airbnb hosts across NYC to share knowledge and support one another.

Website: https://community.withairbnb.com/t5/New-York-Hosting-Club/gh-p/New-York

By engaging with these government agencies and connecting with other local hosts, you can get the most up-to-date and relevant information on short-term rental rules in Bronx County. Just remember that regulations are strict and penalties for non-compliance can be severe, so it's important to do thorough research before listing your space.

What Do Airbnb Hosts in Bronx County on Reddit and Bigger Pockets Think about Local Regulations?

Hosts and investors in Bronx County and NYC have expressed frustration and concern about the strict short-term rental regulations on forums like Reddit and BiggerPockets. Many feel the rules make it nearly impossible to operate legally and profitably. Here are some key takeaways from these discussions:

On Reddit, one host lamented the impact of Local Law 18, which bans renting entire apartments for less than 30 days: "This registration law bans someone even renting their apartment while on vacation or a homeowner renting a basement apartment. STR are legit businesses that help homeowners pay mortgages and offer affordable options to tourists."

Another Redditor pointed out how the law favors the hotel industry at the expense of individual hosts: "The hotel industry is happy about this since they will charge crazy prices now... The city won't be checking if host is in the apartment lol. So guest would still have a private space. Buildings are done, landlords can add themselves to a no Airbnb list."

On BiggerPockets, a potential investor asked about buying a 3-family home in the Bronx to rent on Airbnb. Responders cautioned about the legal and financial risks, with one noting: "The Bronx is a great market, especially for appreciation over the past few years. The landlord/tenant laws are definitely heavily weighted to the side of the tenant though. Combine that with the new restrictions on STRs and it's a tough road."

Another BiggerPockets member shared their challenging experience with fines and vacate orders for an illegal Airbnb in NYC: "The city fine him 50 grand and put a partial vacate on the property but also told them that they had to return the property back to the way it was. And yes, he had to pay up, or the fines would go up to 75 grand. He is fighting it, but with neighbors who will not put up with crazy people coming in and out at all hours, it's not going to fly in NYC."

Overall, the sentiment among Bronx and NYC hosts is that the short-term rental landscape has become extremely difficult to navigate legally. Many feel the pendulum has swung too far in favor of hotels and against individual property rights. As one Redditor put it: "Airbnb can eat shit. It's a cancer." But hosts also acknowledge the need for some regulation to curb abuses by bad actors running de facto illegal hotels.

The discussions reveal a complex debate over balancing property rights, housing affordability, and the economic benefits of tourism. For now, hosts see few good options other than renting for 30+ days, selling their properties, or risking substantial fines. The hope among many is that the regulations will eventually be adjusted to allow responsible home sharing while still preventing large-scale abuses.

Disclaimer: While we here at BNBCalc strive to keep all of our regulation guides updated and accurate with all the latest local laws, we still do not suggest using them as your sole or primary source for local regulations. We also do not recommend you rely on the third-party sources we link to or reference, and we are not responsible for any of the information on these third-party sites. These guides are for entertainment purposes only and only provide basic information and should not be considered as legal advice.

We highly recommend directly contacting the responsible parties for each and hearing what their officials have to say. Ultimately, it's your responsibility as an investor to ensure you fully comply with the local laws, and it's best to speak with professionals before making an investment decision.