Short-Term Rentals & Local Ordinances: Florida vs. NYC

How state preemption, city rules, and condo/HOA bylaws affect hosts—and what to check before you list

Thinking about hosting your place when you move from New York to Florida? Great idea—but the rulebooks are very different. New York City’s Local Law 18 created one of the toughest STR regimes in the country, while Florida uses state preemption (with local carve-outs) plus a separate state lodging license. Here’s what that means in practice—and a punch-list to stay compliant.

NYC: Registration first, or no booking at all

• Registration is mandatory. Under Local Law 18, hosts must register with the NYC Office of Special Enforcement (OSE). Booking platforms (Airbnb, Vrbo, etc.) are barred from processing reservations for unregistered units. New York City Government

• Whole-home <30 days is largely off-limits. Most legal listings require the host to be present during the stay, with tight occupancy and layout rules; OSE also maintains a Prohibited Buildings List (rent-regulated, NYCHA, condo bylaws that ban STRs, etc.). NYC - Mayor's Office of Criminal Justice

• Enforcement bite. Since full enforcement began in Sept 2023, NYC has aggressively culled illegal listings and penalized violations. New York Post+1

Florida: State preemption + state license… but cities still matter

• State preemption on bans & duration/frequency. Florida law generally preempts cities/counties from banning vacation rentals or regulating their duration/frequency (grandfather exception: ordinances adopted on or before June 1, 2011). Locals can still regulate noise, parking, life-safety, registration, and zoning—just not “how often/how long” for post-2011 rules. Online Sunshine+2My Florida Legal+2

• State lodging license (DBPR) is separate. Most STRs qualify as “transient public lodging establishments” and must hold a Florida DBPR Vacation Rental license—applied for online through the Division of Hotels & Restaurants. MyFloridaLicense+2MyFloridaLicense+2

• Local zoning & registration still vary. Some cities channel STRs to certain districts or require local permits/registrations—for example, Miami Beach bans STRs in many zones and imposes very high fines for illegal rentals. (Always verify city code before you buy.) City of Miami Beach+1

Example signals: Tampa and surrounding municipalities often tie STR legality to zoning plus DBPR licensing; details differ by district and building type. Always confirm with the city planning desk. Steadily+1

Condo/HOA reality (both states)

Even when city/state law allows STRs, condo declarations and HOA bylaws can be stricter—outright prohibitions, minimum lease terms (30/90/180 days), guest caps, or application/fees. NYC’s Prohibited Buildings List is one expression of this; in Florida, association rules are often the deciding factor for a specific unit. NYC - Mayor's Office of Criminal Justice

What hosts should check—before you buy or list

1. Zoning & local ordinance
   Confirm the property’s zoning and whether STRs are permitted, restricted, or banned on that parcel. (Ask the city/county planning office.) City of Miami Beach+1

2. State license (Florida only)
   If in FL, determine if you need a DBPR Vacation Rental license for your setup (entire unit vs. room; condo vs. single-family). Apply online and keep the license posted. MyFloridaLicense

3. Building rules
   Read the condo/HOA docs (declaration, rules, rental addenda). In NYC, check the Prohibited Buildings List; in Florida, verify any minimum-term or guest restrictions. NYC - Mayor's Office of Criminal Justice

4. Safety & habitability
   Smoke/CO alarms, egress, locks, pools/fencing, and any city fire inspections. Local life-safety standards still apply under preemption. My Florida Legal

5. Taxes & registrations
   In Florida: expect state sales/transient taxes and county tourist development taxes (file as required). In NYC: ensure registration and any hotel/occupancy tax obligations are handled per OSE/finance. (Confirm current rates with the jurisdiction.) New York City Government

6. Platform compliance
   NYC platforms must block unregistered listings; Florida platforms often ask for your DBPR number and local account IDs. New York City Government+1

Bottom line

• NYC = register first, host-present, and expect intense enforcement.

• Florida = more market-friendly at the state level (preemption), but your city zoning and condo/HOA rules still decide “yes or no” for a specific property—and you’ll likely need a DBPR license.

Want a neighborhood-by-neighborhood STR brief (Tampa, St. Pete, Clearwater, Miami Beach) with zoning, licensing steps, condo rules, and revenue comps? I’ll package it alongside a property shortlist so you buy the right unit for your hosting plan.

Fernanda Stucken — Tampa Bay Realtor
📧 contact@fernandastucken.com | 📞 (347) 216-6620

This article is educational, not legal advice. Always confirm current requirements with the city/county and, in Florida, the DBPR.