Legality of AirBnB in a condo/coop?

There are SO many layers of laws, regulations, codes, ordinances, ad nauseam in New York City that chances are very good your AirBnB is violating *something*.

The NYS Multiple Dwelling Law prohibiting short-term rentals (unless a permanent occupant is present during the stay) always applies. There is no "unless the condo by-laws or co-op proprietary lease permit it" clause.

See Exhibit A at http://www.ag.ny.gov/pdfs/OAG_Airbnb_Letter_of_Agreement.pdf. It's the warning AirBnB has to give potential NYS hosts.

1. bnb rentals would seem to clearly violate Coop leases and probably condo by-laws as well

2. they are also inconsistent with purchase applications stating that buyers intend to reside
in an apartment as a personal residence

3. Coops probably can enforce such purchase application agreements in court

I know and agree that there is the law, but how does one explain the thousands of availabilities on AirBnB in NYC? I mean, the below isn't exactly a secret. Plus, I know several people personally who do this on a fairly regular basis, without any problems.

https://m.airbnb.com/s/New-York--NY

People flout the law all the time. But because we don't live in a police state (yet), violators are prosecuted only when someone complains about it.

Nah, AirBnB is a very large, well-known and widely advertised company and service. "Finding out" is not something that needs a lot of sleuthing here -- especially not with thousands of apartments listed, and the ads sitting there, sometimes for a while, trying to get as much exposure as possible. It seems something else is at play. Probably why there is so much case law over this.

http://mobile.nytimes.com/2014/04/23/technology/albany-judge-hears-case-against-airbnb.html?referrer=

http://techcrunch.com/2014/05/13/airbnb-ny-ag-decision/