New York City vacation rental ban to come into effect in May 2011
A1000-B/S6873-B, signed into law in July 2010 but coming into effect in May 2011, amended the New York State Multiple Dwelling Law (“MDL”) to prohibit some New York City owners to rent their homes for less than thirty days.
This ban will apply to all “class A multiple dwellings,” which the MDL defines as dwellings occupied as the residence or home of three or more families living independently of each other.
The MDL, however, provides that boarders or roomers may still rent for less than thirty days provided that they live within the household of the permanent occupant(s). 
How many boarders or lodgers one is allowed to have in one’s home without being in violation of the MDL?
Section 4 of the MDL provides as follows:
A family is either a person occupying a dwelling and maintaining a household, with not more than four boarders… or two or more persons occupying a dwelling, living together and maintaining a common household, with not more than four boarders… A boarder residing with a family shall mean a person who pays a consideration for such a residence and does not occupy such space within the household as an incidence of employment therein.
What does “living within the household of the permanent occupant” mean?
Section 27-2004(4) of the Housing Maintenance Code provides, in pertinent part, that “[a] common household is deemed to exist if every member of the family has access to all parts of the dwelling unit” [emphasis added].
Evidence the DOB will look at to determine whether the unit is occupied in compliance with section 27-2004(4) include:
-Are some of the rooms locked?
-Do the occupants share a bathroom or a kitchen? etc.
Please note that some (not all) administrative law judges may have a very strict interpretation of this requirement and may infer from the existence of locks on individual rooms that the unit was illegally altered for occupancy (in other words, some administrative law judges may see individually locked rooms as separate residences).
Are there any other requirements I should be aware when renting my extra bedroom or room(s) to lodgers?
Section 248 of the MDL states, “[t]he letting by a family of one or more rooms within their apartment to not more than a total of four boarders, roomers or lodgers provided, however, that every room in such apartment shall have free and unobstructed access to each required exit from such apartment [….]” [emphasis added].
 Please note that the permanent occupant can either be a tenant or an owner.
 Housing Maintenance Code has a more restrictive requirement. Section 27-2004(4) states “[a] family may rent one or more living rooms in a private to no more than two boarders […].” Section 12-10 of the Zoning Resolutions defines a family as “either (a) a single person occupying a dwelling and maintaining a household, including not more than one boarder… or (c) not more than four unrelated persons occupying a dwelling living together and maintaining a common household.”