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short terms NYS rentals

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REquestions

Junior Member
New York State:

Hi, is there anything in New York law that would prevent me from renting out the Nassau County house that I own for less than 30 day periods? If I also own a two-family house in Queens and live in one unit of that house, may I rent out the other unit of that house for periods of less than 30 days? Thanks,
 


Banned_Princess

Senior Member
New York State:

Hi, is there anything in New York law that would prevent me from renting out the Nassau County house that I own for less than 30 day periods? If I also own a two-family house in Queens and live in one unit of that house, may I rent out the other unit of that house for periods of less than 30 days? Thanks,
Who do you want to rent to. and why does it need to be less then 30 days.
 

REquestions

Junior Member
Vacation renters, normally1-4 people. They might stay anywhere from one to three weeks which is typical for such a rental.
 

xylene

Senior Member
You really, really, really should consult a lawyer to help you.

You are risking landlord-tenant issues AND innkeeper issues.

Are you aware of the potential tax issues?

Do you know you may need to be licensed and face zoning issues?


Don't be pennywise pound foolish. Hire a lawyer to prepare your rental agreements and to advise you on the issues.
 

REquestions

Junior Member
My question is specific and though they are important I am not asking about tax implications etc.: is there anything in the NYS law that would prevent me from doing what I describe, proving that zoning / permits / licenses are taken care of? I ask because I am aware of a multi-occupancy law that has gotten a lot of press with respect to New York City vacation rentals. Thanks again,
 

xylene

Senior Member
is there anything in the NYS law that would prevent me from doing what I describe, proving that zoning / permits / licenses are taken care of?
I believe I answered that question. The answer is yes the government on one level or another can scuttle your plan to operate a week-stay vacation hotel out of your residential property(s). How bulletproof their case would be depends more facts than you have given, or should give on a public forum for a prospective venture. Your ability to secure those permits and licenses and zoning approvals are the hard part, so assuming that as a given is ridiculous. An answered based on ridiculous assumptions is useless.

Personally, I am of the opinion that what you are proposing means you are becoming an innkeeper, and will face more regulation than being a landlord renting long term. You might have to worry about the occupancy tax then, you don't want to hear about that, even thought the tax law basically proves that what you are doing is running a hotel....

http://www.tax.ny.gov/pdf/publications/sales/pub848.pdf

I'm sorry your question doesn't have an easy, and I think you were well aware of that given the press on the issue.

If you plan to become a landlord or engage in thew letting of your property, here is a hint - Every savy landlord has a lawyer review their business plan and legal documents. That smart landlord keeps that relationship with that lawyer going in case of issue with tenants.

Good luck on your property venture. I'm sure you can see that it is potentially lucrative and that is why their is scrutiny by the authorities.
 

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