New York City vs San Diego
New York Effectively Banned | California Legal with Permit
Disclaimer: General information only — not legal advice. Verify with your local government.
| Requirement | New York City, New York | San Diego, California |
|---|---|---|
| Legality Status | Effectively Banned | Legal with Permit |
| Permit Fee | $145 registration fee (OSE) | Tier 1: $226; Tier 2: $317; Tier 3/4: $1,170 (includes application + license) |
| Tax Rate | 5.875% hotel room occupancy tax + state/city sales tax | 11.75%–13.75% TOT (varies by zone proximity to Convention Center) |
| Annual Day Limit | No limit | 20 days/year |
| Renewal Interval | Every 2 years | Biennial |
| Platform Remits Taxes | Yes | Yes |
| Max Fine Example | $5,000 first offense; up to $7,500 for subsequent violations | $1,000 per violation; criminal misdemeanor charges for continued violations |
| Verdict | San Diego has more favorable STR regulations overall. | |
New York City, New York
Status Effectively Banned
Permit Fee $145 registration fee (OSE)
Tax Rate 5.875% hotel room occupancy tax + state/city sales tax
Day Limit No limit
Renewal Every 2 years
Platform Tax Yes
Max Fine $5,000 first offense; up to $7,500 for subsequent violations
San Diego, California
Status Legal with Permit
Permit Fee Tier 1: $226; Tier 2: $317; Tier 3/4: $1,170 (includes application + license)
Tax Rate 11.75%–13.75% TOT (varies by zone proximity to Convention Center)
Day Limit 20 days/year
Renewal Biennial
Platform Tax Yes
Max Fine $1,000 per violation; criminal misdemeanor charges for continued violations
San Diego has more favorable STR regulations overall.
New York City Overview
Local Law 18 (2023) requires hosts to register with OSE, be present during stays, and limits guests to 2. Entire-apartment rentals under 30 days are effectively banned. Only hosted stays with the owner present are permitted.
Full New York City guide →San Diego Overview
Four-tier license system with caps: Tier 3 limited to 1% of housing units; Tier 4 (Mission Beach) capped at 30% and at capacity. Only one license per host; licenses are non-transferable.
Full San Diego guide →Frequently Asked Questions
Is it easier to Airbnb in New York City or San Diego?
New York City is classified as "Effectively Banned" while San Diego is "Legal with Permit." New York City's permit fee is $145 registration fee (OSE) compared to Tier 1: $226; Tier 2: $317; Tier 3/4: $1,170 (includes application + license) in San Diego.
Which city has higher STR taxes — New York City or San Diego?
New York City charges 5.875% hotel room occupancy tax + state/city sales tax, while San Diego charges 11.75%–13.75% TOT (varies by zone proximity to Convention Center). Compare the full breakdown in the table above.
Which city has stricter fines for illegal short-term rentals?
New York City: $5,000 first offense; up to $7,500 for subsequent violations. San Diego: $1,000 per violation; criminal misdemeanor charges for continued violations.