What the law says in New York
Short-term rental bans are usually adopted as amendments to the CC&Rs and must follow the amendment procedures in the governing documents and state statute. Courts in many states have upheld these bans even where the original CC&Rs were silent on short-term use, so long as the amendment process was followed.
Controlling statute: New York Real Property Law Article 9-B (Condominium Act), N.Y. Real Prop. Law § 339
Read the statuteCommon strs clauses in NY HOAs
Most CC&Rs in New York include some combination of these provisions. Yours may be stricter or weaker — read your governing documents to be sure.
- 1
Outright ban on rentals of less than 30 days or 6 months.
- 2
Definition of "single-family residential use" that excludes hotel-like or transient use.
- 3
Fines escalating per night for any short-term rental booking.
- 4
Required reporting of the platform listing and booking history on request.
- 5
Right of the HOA to obtain an injunction against repeat offenders.
Questions New York homeowners ask
Your CC&Rs decide the answer in your specific community. Upload them and ask the AI directly.
Does my HOA allow Airbnb or VRBO rentals?
How much can the HOA fine me for each short-term booking?
Can the HOA force the platform to remove my listing?
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