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.

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.

Permits & Licensing

New York City charges $145 registration fee (OSE) for STR licensing, while San Diego charges Tier 1: $226; Tier 2: $317; Tier 3/4: $1,170 (includes application + license). New York City renewal is every 2 years, and San Diego renewal is biennial. Overall, San Diego has a more permissive regulatory environment (Legal with Permit) compared to New York City (Effectively Banned).

Tax Obligations

In New York City, hosts pay 5.875% hotel room occupancy tax + state/city sales tax. In San Diego, hosts pay 11.75%–13.75% TOT (varies by zone proximity to Convention Center). Both cities benefit from automatic platform tax collection through Airbnb and similar services, simplifying compliance for hosts.

Day Limits & Restrictions

San Diego imposes a 20-night annual limit, while New York City has no annual cap — a significant advantage for high-volume hosts.

Fines & Enforcement

Hosts operating without a permit in New York City face penalties including $5,000 first offense; up to $7,500 for subsequent violations. In San Diego, violations can result in $1,000 per violation; criminal misdemeanor charges for continued violations. Both cities actively enforce their STR regulations, so securing proper licensing before listing is essential in either market.

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.

Contact: NYC Mayor's Office of Special Enforcement — (212) 676-4101

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.

Contact: STRO Administration, City Treasurer — (619) 615-6120

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. Overall, San Diego has a more host-friendly regulatory environment.
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).
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. Both cities actively enforce STR regulations, so proper licensing is essential.
Do New York City and San Diego have day limits for Airbnb?
New York City has no annual day limit. San Diego limits STRs to 20 nights per year.
Which city is better for first-time Airbnb hosts — New York City or San Diego?
For new hosts, consider the total cost of entry: New York City charges $145 registration fee (OSE) for permits with 5.875% hotel room occupancy tax + state/city sales tax in taxes. San Diego charges Tier 1: $226; Tier 2: $317; Tier 3/4: $1,170 (includes application + license) with 11.75%–13.75% TOT (varies by zone proximity to Convention Center). Automatic tax collection in New York City and San Diego makes compliance easier for beginners.