New York City vs Santa Fe
New York Effectively Banned | New Mexico Legal but Limited
Disclaimer: General information only — not legal advice. Verify with your local government.
| Requirement | New York City, New York | Santa Fe, New Mexico |
|---|---|---|
| Legality Status | Effectively Banned | Legal but Limited |
| Permit Fee | $145 registration fee (OSE) | $100 one-time application + $325/year permit and business license |
| Tax Rate | 5.875% hotel room occupancy tax + state/city sales tax | ~8.44% gross receipts tax + 7.1% lodgers' tax |
| Annual Day Limit | No limit | No limit |
| Renewal Interval | Every 2 years | Annual |
| Platform Remits Taxes | Yes | Yes |
| Max Fine Example | $5,000 first offense; up to $7,500 for subsequent violations | Up to $500/day for operating without permit |
| Verdict | Santa Fe 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
Santa Fe, New Mexico
Status Legal but Limited
Permit Fee $100 one-time application + $325/year permit and business license
Tax Rate ~8.44% gross receipts tax + 7.1% lodgers' tax
Day Limit No limit
Renewal Annual
Platform Tax Yes
Max Fine Up to $500/day for operating without permit
Santa Fe 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 →Santa Fe Overview
Residential zone STRs capped at 1,000 citywide permits; one per person; must be 50+ feet from another STR. Rentals limited to once per 7-day period (except Nov 15–Jan 15). Local operator must respond within 1 hour.
Full Santa Fe guide →Frequently Asked Questions
Is it easier to Airbnb in New York City or Santa Fe?
New York City is classified as "Effectively Banned" while Santa Fe is "Legal but Limited." New York City's permit fee is $145 registration fee (OSE) compared to $100 one-time application + $325/year permit and business license in Santa Fe.
Which city has higher STR taxes — New York City or Santa Fe?
New York City charges 5.875% hotel room occupancy tax + state/city sales tax, while Santa Fe charges ~8.44% gross receipts tax + 7.1% lodgers' tax. 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. Santa Fe: Up to $500/day for operating without permit.