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INAL and this is not legal advice. This is my understanding based on looking into this change a while ago (they have been lobbying NYC residents hard) but I haven't looked at what got passed.

Subletting is generally legal in NYC and lease provisions banning it aren't allowed in most cases. What isn't allowed is subletting for more than you are paying in rent. If the host was charging more than his rent it was already illegal to perform the sublet and it is now illegal to advertise the illegal sublet.

If he is charging the same amount or less than it continues to be legal to both perform the sublet and advertise the legal sublet on platforms like AirBnB.



You're allowed to charge a premium (since you paid for the furniture, utensils, utilities, cleaning, etc). The maximum amount of that premium however is limited by law.


If it is a condominium you can be sure that the by-laws of the building stipulate the minimum allowable sublet term. You can be guaranteed it won't be less than 30 days.




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