My neighbor runs an illegal Airbnb in our building. What are my legal rights in NY?

What the Law Says

Under New York City Administrative Code § 26-501, it is unlawful to advertise or operate a short-term rental (defined as occupancy of fewer than 30 days) in any building with three or more dwelling units unless the permanent resident host occupies the unit during the guest’s stay. This law applies citywide and is enforced by the NYC Department of Housing Preservation and Development (HPD). Additionally, NY Real Property Law § 238-a prohibits landlords from permitting short-term rentals that violate local zoning or housing laws, and tenants who sublet illegally may be subject to eviction under RPAPL § 711(1) for lease violations. Courts have consistently held that illegal short-term rentals constitute a private nuisance and breach of the implied warranty of habitability when they compromise safety, quiet enjoyment, or building services (e.g., Matter of D’Alessandro v. NYC Dept. of Buildings, 191 A.D.3d 427 [1st Dept 2021]).

Practical Steps

First, document evidence—take dated photos/videos of Airbnb listings (e.g., Airbnb.com or Vrbo), guest traffic, or mail addressed to non-residents. Next, report the violation directly to NYC HPD via its online portal (nyc.gov/hpd) or by calling 311; HPD can issue violations, impose fines up to $15,000 per offense, and order cessation. If you’re a co-op or condo owner, notify your board—illegal rentals often violate proprietary leases or bylaws and may trigger disciplinary action. As a last resort, you may file a petition in NYC Housing Court alleging nuisance or breach of quiet enjoyment; success requires showing concrete harm (e.g., noise, security issues, elevator misuse, or fire code violations). Note: Individual neighbors lack standing to seek civil penalties—but can pursue injunctive relief or damages for demonstrable interference with use and enjoyment.

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