senate Bill S4263

Amended

Relates to clarifying certain provisions relating to occupancy of class A multiple dwellings

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 25 / Mar / 2011
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 20 / May / 2011
    • AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 20 / May / 2011
    • PRINT NUMBER 4263A
  • 21 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1466
  • 24 / Jun / 2011
    • RECOMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 30 / Jan / 2012
    • 1ST REPORT CAL.129
  • 31 / Jan / 2012
    • 2ND REPORT CAL.
  • 06 / Feb / 2012
    • ADVANCED TO THIRD READING
  • 07 / May / 2012
    • AMENDED ON THIRD READING 4263B
  • 18 / Jun / 2012
    • AMENDED ON THIRD READING 4263C
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Relates to clarifying certain provisions relating to occupancy of class A multiple dwellings; provides that use as a short-term rental for less than 30 days shall not disqualify a class A multiple dwelling as a permanent residence.

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Bill Details

Versions:
S4263
S4263A
S4263B
S4263C
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Multiple Dwelling Law
Laws Affected:
Amd §4, add Art 7-D §§288 - 291, Mult Dwell L; amd §27-2004, add Title 27 Chap 2 subchap 1 Art 2 §§27-2004.1 - 27-2004.4, NYC Ad Cd

Sponsor Memo

BILL NUMBER:S4263

TITLE OF BILL:
An act
to amend the multiple dwelling law and the administrative code of the
city of New York, in relation to clarifying certain provisions relating
to occupancy of class A multiple dwellings

PURPOSE:
The purpose of the bill is to provide an exemption for a
specific class of good actors that rent certain class A multiple
dwelling units on a short-term basis. The law passed last year (L.
2010, Ch. 225) was created in response to an on-going issue in New
York City with single room occupancy (SRO) buildings being used as
illegal hotels. This bill does not serve these types of illegal
hotels, but rather helps those legitimate individuals that use
certain units as vacation rentals, thereby providing tax revenue and
tourism dollars to the state and city.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends section 4 of the
multiple dwelling law, creating a use of a class A unit for vacation
rental purposes, so long as such unit is not an SRO, contains a
bathroom and a kitchen, has working smoke detectors in each room of
the unit, and carries sufficient fire, hazard and liability insurance.

Section 2 of the bill amends section 4 of the multiple dwelling law to
add a new subdivision 15-a that would define "vacation rental unit."

Section 3 and 4 of the bill would amend the administrative code of the
city of New York, adding the same language as in sections 1 and 2 of
the bill to section 27-2004 and thereby, maintaining uniformity.

JUSTIFICATION:
Last year's law was written to encompass a greater
universe than was intended. While it successfully phases out SROs, it
also is ridding New York State of a legitimate business model: short
term rental units. These short term units provide tax income to New
York and tourism dollars to the areas in which they are located. They
should not be confused with the small single room living spaces that
are SROs, which often get associated with decrepitude, poor
maintenance, and numerous building and health code violations. While
one can certainly find examples of municipalities and a few states
regulating short term rentals, it is a hard pressed task to find
those which completely ban it. This legislation would help those
individuals and small businesses that will no longer be able to
operate because of this law.

LEGISLATIVE HISTORY:
None.

FISCAL IMPACT ON THE STATE:
None.

EFFECTIVE DATE:


This act shall take effect on the same date and in the same manner as
section 8 of chapter 225 of the laws of 2010, as amended by section 3
of chapter 566 of the laws of 2010.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4263

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 25, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community Development

AN ACT to amend the multiple dwelling law and the administrative code of
  the  city  of  New  York, in relation to clarifying certain provisions
  relating to occupancy of class A multiple dwellings

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph a of subdivision 8 of section 4 of the multiple
dwelling law is amended by adding  a  new  subparagraph  3  to  read  as
follows:
  (3)  IN A CLASS A MULTIPLE DWELLING, THE USE OF A VACATION RENTAL UNIT
FOR OCCUPANCY FOR FEWER THAN THIRTY CONSECUTIVE DAYS SHALL NOT BE INCON-
SISTENT WITH THE OCCUPANCY OF SUCH MULTIPLE DWELLING FOR PERMANENT RESI-
DENCE PURPOSES IF:
  (A) SUCH DWELLING UNIT DOES  NOT  PROVIDE  SINGLE  ROOM  OCCUPANCY  AS
DEFINED BY SUBDIVISION SIXTEEN OF THIS SECTION;
  (B) SUCH DWELLING UNIT CONTAINS A BATHROOM AND A KITCHEN;
  (C) WORKING SMOKE DETECTORS ARE LOCATED IN EACH ROOM OF THE UNIT; AND
  (D)  THE  DWELLING  UNIT  HAS  SUFFICIENT  FIRE, HAZARD, AND LIABILITY
INSURANCE TO COVER THOSE PERSONS USING THE UNIT FOR SUCH OCCUPANCY.
  S 2. Section 4 of the multiple dwelling law is amended by adding a new
subdivision 15-a to read as follows:
  15-A. "VACATION RENTAL UNIT" IS A CLASS A MULTIPLE DWELLING UNIT  THAT
IS AVAILABLE FOR RENT, OR FOR HIRE, FOR LESS THAN THIRTY DAYS BY GUESTS.
ALL  COMPENSATION  RECEIVED FOR RENT, OR FOR HIRE, SHALL BE TAXED APPRO-
PRIATELY.
  S 3. Subparagraph (a) of paragraph  8  of  subdivision  a  of  section
27-2004 of the administrative code of the city of New York is amended by
adding a new clause 3 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10513-02-1

S. 4263                             2

  (3)  IN A CLASS A MULTIPLE DWELLING, THE USE OF A VACATION RENTAL UNIT
FOR OCCUPANCY FOR FEWER THAN THIRTY CONSECUTIVE DAYS SHALL NOT BE INCON-
SISTENT WITH THE OCCUPANCY OF SUCH MULTIPLE DWELLING FOR PERMANENT RESI-
DENCE PURPOSES IF:
  (A)  SUCH  DWELLING  UNIT  DOES  NOT  PROVIDE SINGLE ROOM OCCUPANCY AS
DEFINED BY SUBDIVISION SEVENTEEN OF THIS SECTION;
  (B) SUCH DWELLING UNIT CONTAINS A BATHROOM AND A KITCHEN;
  (C) WORKING SMOKE DETECTORS ARE LOCATED IN EACH ROOM OF THE UNIT; AND
  (D) THE DWELLING UNIT  HAS  SUFFICIENT  FIRE,  HAZARD,  AND  LIABILITY
INSURANCE TO COVER THOSE PERSONS USING THE UNIT FOR SUCH OCCUPANCY.
  S  4.  Subdivision  a of section 27-2004 of the administrative code of
the city of New York is amended by adding a new paragraph 14-a  to  read
as follows:
  14-A.  VACATION  RENTAL  UNIT IS A CLASS A MULTIPLE DWELLING UNIT THAT
IS AVAILABLE FOR RENT, OR FOR HIRE, FOR LESS THAN THIRTY DAYS BY GUESTS.
ALL COMPENSATION RECEIVED FOR RENT, OR FOR HIRE, SHALL BE  TAXED  APPRO-
PRIATELY.
  S  5.  This  act  shall  take  effect on the same date and in the same
manner as section 8 of chapter 225 of the  laws  of  2010,  as  amended,
takes effect.

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