Short-term-rental rules
Can you Airbnb in Clarkstown, NY?
Researched and reviewed by Jake Lee, FounderCurrent as of July 2026How this atlas is maintained
Short-term rentals are banned town-wide in Clarkstown. Town Code Chapter 157, Article X makes it unlawful to rent, or offer to rent, any dwelling (in whole or in part) or swimming pool for less than 29 consecutive nights in any residential district, with only licensed hotels/motels and bed-and-breakfasts exempt. Fines start at $4,500-$6,000 for a first offense and each week of violation counts as a separate offense.
What the rules say in Clarkstown
- Town-wide ban: it is unlawful in any residentially zoned district to rent or license, or offer to rent or license, any living accommodations or swimming pools for compensation for a period of less than 29 consecutive nights (Town Code sec. 157-73A).
- Short-term rental is defined as a dwelling unit rented, in whole or in part, for less than 29 consecutive nights; covers written or oral agreements and time-share/shared-ownership arrangements (sec. 157-72).
- The ban applies to all single-family, two-family, and multiple-family dwellings and swimming pools in the Town (sec. 157-75A), so both whole-home and room rentals are prohibited.
- Guests are also barred: no occupant or visitor may stay in a living accommodation for under 29 nights in exchange for compensation (sec. 157-73B), and a renter from a violating owner is deemed an accessory to the offense (sec. 157-73E).
- Exemptions: lawfully licensed commercial hotels/motels and bed-and-breakfast establishments operating exclusively as such under the Town Zoning Code (sec. 157-75B), and post-closing possession by a home seller for up to 5 days after closing (sec. 157-74).
- Penalties (amended 2-10-2026 by L.L. Nos. 3-2026 and 4-2026): $4,500-$6,000 first offense; $8,000-$11,000 second offense within 5 years; $11,000-$16,000 third offense within 5 years; each week a violation continues is a separate offense (sec. 157-76). The Town may also seek injunctions or civil compromise.
- The earlier permit regime is dead: STR permits issued under the prior local law were valid only 2 years from issuance and cannot be renewed (sec. 157-78).
- History: prohibition added 12-11-2020 by L.L. No. 7-2020, strengthened 3-8-2022 by L.L. No. 1-2022. Rentals of 29+ consecutive nights remain legal (a Rental Registry exists under Ch. 157 Art. IX for longer-term rentals).
- This town code governs unincorporated Clarkstown; incorporated villages within the town (e.g., Upper Nyack) have their own separate zoning codes.
Sources: Town of Clarkstown Code, Ch. 157 Art. X: Prohibition on Short-Term Rentals of Residential Dwellings (eCode360, full text); Town of Clarkstown, NY Code on eCode360 (code home / table of contents). Last reviewed 2026-07.
How short-term rentals are regulated in New York
- New York has no single statewide short-term-rental ban. Towns, villages, and cities set their own rules through local ordinances and zoning, so rules can differ sharply between neighboring municipalities in the same county.
- Short stays in New York are generally subject to state and local sales tax, and many counties add a local occupancy (hotel/motel) tax, often collected by the booking platform on the host's behalf.
- Common local controls include permits or registration, primary-residence requirements, and zoning limits on which districts allow short-term use. In New York, a town and a village inside it can each have their own rule.
- Rules change. An ordinance can be added or amended at any time. Always confirm the current rule with the municipality before listing.
Clarkstown short-term-rental FAQ
Can I run a short-term rental (Airbnb) in Clarkstown, NY?
Short-term rentals are banned town-wide in Clarkstown. Town Code Chapter 157, Article X makes it unlawful to rent, or offer to rent, any dwelling (in whole or in part) or swimming pool for less than 29 consecutive nights in any residential district, with only licensed hotels/motels and bed-and-breakfasts exempt. Fines start at $4,500-$6,000 for a first offense and each week of violation counts as a separate offense.
Do I need a permit or registration to run an STR in Clarkstown?
The earlier permit regime is dead: STR permits issued under the prior local law were valid only 2 years from issuance and cannot be renewed (sec. 157-78).
What taxes apply to a short-term rental in Clarkstown, New York?
Short-term stays in New York are generally subject to state and local sales tax, and many counties add a local occupancy (hotel) tax, often collected for you by the booking platform. A tax professional can confirm what applies to your property.
Can Palisade Stays manage a short-term rental in Clarkstown?
Short-term rentals face real limits in Clarkstown (see the status above), so it may not be the right play. Palisade Stays can still help you understand what's possible for your property, including a compliant mid-term or longer rental, and run it if it's a fit. Start with a quick assessment.
Navigating Clarkstown's rules?
We'll help you find out what's actually possible for your Clarkstown property, short-term, mid-term, or otherwise, and run it if it's a fit.