Many politicians and housing advocates have fought to uphold the law and provide fines for those who break it-although they are mainly concerned with landlords who rent out apartments through Airbnb rather than list them as permanent rentals, as opposed to residents who occasionally rent out their home on the weekend. This 30 day sublet law has been an ongoing point of contention between Airbnb and city officials. (A report from December 2015 found that 55% of Airbnb users are renting their entire apartment while they’re gone, rather than a single room while they’re present, technically breaking the law.)

But if the permanent residents are handing their entire space to an Airbnb renter for less than 30 days, it’s not. If the Airbnb listing is for a room in a home that permanent residents are living in, it’s legal. This is an important distinction, given a New York law that makes it illegal to sublet an entire home for less than 30 days.

There are two different short-term rental setups offered through Airbnb: renting out a room while the original occupants remain in the apartment, or renting out an entire apartment or house without any tenants present.

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