The short answer
Short-term rentals face rules that long-term leases usually do not: registration, primary-residence limits, caps on nights, permits and lodging taxes. The rules are local and they change. Use the examples below as a guide to the official pages for your own city, county and state.
On this page
Why short stays draw extra rules
Cities and states regulate short stays for zoning, housing supply, safety and tax reasons. The tools they use tend to repeat:
- Registration with a city office before you list.
- Primary-residence rules that allow only people who live in the home to host.
- Night caps on stays when the host is not present.
- Zoning limits on where transient rentals may operate.
- Lodging taxes with their own registration and filing.
The examples below show each tool on an official page. They are not a ranking, and they will change, so confirm the current rules before you list.
Registration before you list: New York City
New York City's Local Law 18 created a registration system for short-term rental hosts, run by the Mayor's Office of Special Enforcement (OSE). The city says booking platforms are barred from processing transactions for unregistered short-term rentals. Listings in approved Class B multiple dwellings are exempt, as are rentals for 30 consecutive days or more (NYC OSE: Registration Law).
Registration does not change the underlying rules. OSE explains that hosts may not rent out an entire apartment or home for fewer than 30 days, that short-term rentals are legal only if the host lives in the same unit with the guests, and that there is a limit of two guests, not counting children under 4. Registration is limited to an actual person who is the permanent occupant of the unit, and OSE must deny registrations for buildings on its prohibited buildings list (NYC OSE: What is Local Law 18).
Primary residence and night caps: San Francisco
San Francisco allows short-term rentals only by permanent residents. SF Planning says you must spend at least 275 nights in a calendar year in the unit where you host, and you can rent it for no more than 90 un-hosted nights in a calendar year. Hosts must register with the Office of Short-Term Rentals, hold a Business Registration Certificate from the Treasurer and Tax Collector, and post the certificate number on all listings. Legally established accessory and junior accessory dwelling units are limited to stays of 30 days or longer (SF Planning: FAQs on short-term rentals).
The city's guide adds that a host may be the owner or a tenant of the unit, must have lived there at least 60 days before applying, and has no annual limit on hosted nights, when the host is home overnight with guests (SF.gov: Opening a short-term residential rental).
County power to phase out: Hawaii
Hawaii's Act 17, approved May 3, 2024, amended the state zoning law. It says uses that include furnishing or offering transient accommodations are not residential or agricultural uses and may be phased out or amortized in any zoning district by county zoning rules (Hawaii Act 17 (2024), S.B. 2919).
The act's findings also note that a federal court permanently barred the City and County of Honolulu from enforcing Ordinance No. 22-7 insofar as it prohibited 30 to 89 day home rentals on Oahu. That history shows why you need the current county ordinance, not a news summary, before you rely on any minimum stay.
Lodging taxes and tax registration
Short stays often trigger taxes that a 12-month lease does not.
- Hawaii: the Department of Taxation treats rentals of less than 180 consecutive days as short-term rentals subject to both general excise tax and transient accommodations tax (TAT). Operators must register for both, and the department lists a penalty for failing to display the TAT license number on any advertisement. Each county also imposes its own county TAT, paid directly to the county (Hawaii Department of Taxation: Renting residential real property).
- Florida: the Department of Revenue lists renting short-term living accommodations among activities that require sales tax registration, and says counties may impose local option transient rental taxes on rentals for a term of six months or less (Florida Department of Revenue: Sales and use tax).
Federal income tax rules apply too. The 2025 Schedule E lists Vacation/Short-Term Rental as a property type, and IRS Topic 415 explains how personal use of the same home limits deductions.
A checklist for your own area
- Search your city and county code for short-term, transient or vacation rental rules, and read the official page, not a summary.
- Confirm whether registration or a permit is required before you list, and whether the number must appear in your ads.
- Check primary-residence rules, hosted and un-hosted night limits and guest limits.
- Register for state and local lodging taxes, or confirm in writing what a booking platform collects for you.
- Read your HOA or condo rules, your mortgage terms and, if you are a tenant, your lease.
- Ask your insurer whether your policy covers short stays.
- Set a reminder to recheck each year, because these rules are amended often.
Keep a compliance file
If you host, keep one folder per property with your registration or permit and its renewal date, tax account numbers and filings, a night-by-night calendar showing hosted and un-hosted stays, guest counts, and copies of your listings showing the registration number. Many of these rules are enforced through records, so the file is your evidence.
How Rentari helps
If local rules push you toward stays of 30 days or longer, Rentari helps you prepare a longer rental: listings with syndication to listing sites, a leasing inbox and showing scheduling, online rental applications, and lease creation with e-signature. Rentari keeps the record; local registration and tax filings stay with you.
Sources and further reading
- NYC Mayor's Office of Special Enforcement: What is Local Law 18
- NYC Mayor's Office of Special Enforcement: Registration Law
- SF Planning: FAQs on short-term rentals
- SF.gov: Opening a short-term residential rental
- Hawaii Session Laws 2024, Act 17 (S.B. 2919)
- Hawaii Department of Taxation: Renting residential real property
- Florida Department of Revenue: Florida sales and use tax
- IRS Topic 415: Renting residential and vacation property
- IRS Schedule E (Form 1040), 2025
Common questions
Can I rent out a whole apartment in New York City for a weekend?
No. NYC's Office of Special Enforcement says hosts may not rent out an entire apartment or home for fewer than 30 days, and short stays are legal only when the host lives in the unit with no more than two guests.
How many nights can I rent my San Francisco home while I am away?
SF Planning says up to 90 un-hosted nights in a calendar year, and only if you are a registered permanent resident who spends at least 275 nights a year in the unit.
What taxes apply to a short-term rental in Hawaii?
The Hawaii Department of Taxation says rentals of less than 180 consecutive days are subject to general excise tax and transient accommodations tax, and each county adds its own county TAT.
Do short-term rental rules apply to stays of 30 days or more?
It depends on the place. New York City exempts rentals of 30 consecutive days or more from registration, while Hawaii's tax rules treat stays under 180 consecutive days as transient. Check your local definitions.
Archive years group longstanding rental topics. This Rentari guide was published on 2026-11-14.
The Rentari team writes and updates this guide. Examples illustrate decisions and do not describe customer results. This is general education. Confirm the rules and treatment for your property with a qualified local professional. Found an error or an unclear step? Send a correction with a link to this page and the wording you’d change.
