Is it Illegal to Rent a Room in Your Apartment in NYC?

If you’re renting in NYC and have a room to spare, you might be considering renting that space to share the cost of rent. However, as you consider this plan, you’re likely to wonder if it’s legal to rent a room in your apartment.

In this blog, we’ll dive into what the rules are for renting space or rooms within your own rented apartment, and how to do it without breaking the law or your lease. 

What Does the Law Say About Renting a Room in Your Unit?

Unfortunately, New York laws regarding short term rentals are very unclear. This can make trying to rent out a room in your apartment complicated and risky.

According to a law that went into effect in 2011, a residential dwelling may only be used for permanent resident purposes. This means that the unit must be occupied by the same person or family for 30 or more consecutive days, otherwise you're violating the law—unless it’s a hotel or hostel. As long as the room isn’t being rented ‘short term,’ and the new occupant has access to all parts of the apartment, you can legally rent a room to them.

However, that doesn’t mean you should go right ahead and rent out a room in your unit. You should always be sure to check your lease and/or condo/co-op bylaws before doing so. This is because there may be a clause or rules in your lease or co-op bylaws that prohibit it.

Additionally, it’s always recommended to take the extra measure of checking with your landlord or building board before renting out part of your apartment. If you’re trying to reduce the burden of rental costs, the last thing you want is to end up getting evicted for breaking your lease. Make sure to get permission in writing in case your landlord changes their mind.

How to Rent a Room in Your Apartment

If you’ve cleared things with your landlord and are going to rent a room in your apartment, there’s still work to do before going ahead with the plan. You’ll want to be very conscious of who you’re agreeing to rent the room out to. Ultimately, your name is on the lease, so you'll be the one to suffer consequences if your renter breaks any of the rules on your lease or causes any damage to the apartment. Therefore, you want to be confident you can trust and rely on the person you rent to, just like a landlord wants to be able to rely on you.

Keep in mind that there may not be any legally binding contract between you and the renter. If they choose to stop paying their share of the rent, you may not be able to take legal action against them, because according to the lease, you’re the only person responsible for paying rent.

Keep in mind that your immediate family members can legally occupy the unit as guests, as long as you’re not renting it to them for less than 30 days.

Can You Get Caught Illegally Renting A Room in Your Apartment?

It’s very easy to get caught illegally renting an apartment. If there's suspicion of an illegal short term rental operation in the building, a landlord, co-op, or condo’s private attorneys will usually investigate the claim. If they find proof of an illegal rental, such as a listing on Airbnb, they will contact the person and request that the listing be removed and the rentals stop. However, if the tenant refuses to do so, the lawyers may take them to court.

Illegal short term rental operations can also be caught through complaints filed by calling 311. When an illegal short term rental is reported, the city task force must investigate this claim. If the person conducting this illegal activity is caught, they will receive hefty fines, ranging anywhere from $1,000 to $5,000 if they are a first time offender. However, fines can be much greater for people who have been caught renting rooms illegally before, reaching as high as $30,000.

Outerbridge Law Protects Renters

However, if you choose to rent out a room in your apartment and it runs smoothly, it can have many upsides. One of the most obvious ones being the extra money. With rent in New York City being so high, it can be difficult to make ends meet on your own. Renting out a room in your apartment can help make affording rent easier and relieve you of some stress.

Renting a room in your NYC apartment has a number of benefits, namely that it can reduce your overall rental burden. However, it doesn’t come without risks. You’ll be responsible for your renter’s actions in your apartment, and you’ll also be responsible for collecting rent from them.

If your landlord gave you permission to rent a room in your unit, but are now pursuing legal action against you, don’t let them continue to bully you. If you think you may have a case, contact Outerbridge Law today for an initial case consultation.

Disclaimer: The contents of this article are for informational purposes only and should not be taken as legal advice, nor does it constitute the establishment of a client-attorney relationship. Do not base any action or inaction on this article without consulting with a legal professional.