senate Bill S4263A

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 - 295, Mult Dwell L; amd §27-2004, add Art 2 Title 27 §§27-2004.1 - 27-2004.8, NYC Ad Cd

Sponsor Memo

BILL NUMBER:S4263A

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. Further, the paradigm created
by this proposal would further help to eliminate the type of illegal
short-term use of class A units that the 2010 law sought.

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. The unit must also have a valid vacation rental license.

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."
These units will have to comply with the tax code, including sales
and occupancy taxes.

Section 3 of the bill would add a new article 7-D to the multiple
dwelling law, creating a vacation rental licensure structure. Such
license must be renewed every two years, comply with strict
compliance provisions and is subject to revocation for multiple
complaints.

Sections 4, 5 and 6 of the bill would amend the administrative code of
the city of New York, adding the same language as in sections 1, 2
and 3 of the bill to section 27-2004 and a new article 2 to
subchapter 1 of chapter 2 of title 27, and thereby, maintaining
uniformity.

JUSTIFICATION:
Last year's law was written to encompass a greater universe
than was intended. While it will attempt to phase out short-term SR05,
it also is ridding New York State of a legitimate business model:
short term vacation 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. Vacation rental units should also. not be confused with


the illegal class A building hotels that often contain subdivided
units and an excess-occupancy such that fire and safety codes are not
complied with. While one can certainly find examples of
municipalities and a few states regulating vacation 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 immediately.

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

                                 4263--A

                       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  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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;
  (D) THE DWELLING UNIT  HAS  SUFFICIENT  FIRE,  HAZARD,  AND  LIABILITY
INSURANCE TO COVER THOSE PERSONS USING THE UNIT FOR SUCH OCCUPANCY; AND
  (E)  THE  OWNER  OR  LEASEHOLDER  OF THE UNIT HOLDS A VALID LICENSE IN
ACCORDANCE WITH THE PROVISIONS OF ARTICLE SEVEN-D OF THIS CHAPTER.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10513-03-1

S. 4263--A                          2

  S 3. The multiple dwelling law is amended by adding a new article  7-D
to read as follows:
                               ARTICLE 7-D
                            VACATION RENTALS
SECTION 288. DEFINITIONS.
        289. LICENSE REQUIRED.
        290. LICENSE APPLICATION.
        291. LICENSE FEE.
        292. LICENSE RENEWAL.
        293. LICENSE DENIAL OR REVOCATION.
        294. STANDARD OF OPERATION.
        295. VIOLATIONS.
  S 288. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
  1."APPLICANT"  MEANS  ANY  INDIVIDUAL  THAT  OWNS OR LEASES A VACATION
RENTAL UNIT, AS DEFINED BY SUBDIVISION FIFTEEN-A OF SECTION FOUR OF THIS
CHAPTER, AND RENTS SUCH UNIT OUT TO  TRANSIENT  GUESTS  FOR  FEWER  THAN
THIRTY  CONSECUTIVE  DAYS  CONSISTENT  WITH  STANDARDS  SET  FORTH UNDER
SUBPARAGRAPH THREE OF PARAGRAPH A OF SUBDIVISION EIGHT OF  SECTION  FOUR
OF THIS CHAPTER.
  2."LOCAL  CONTACT PERSON" MEANS A PERSON AUTHORIZED AS AN AGENT OF THE
APPLICANT WHO:
  (A) IS DESIGNATED FOR SERVICE OF PROCESS; AND
  (B) IS AUTHORIZED BY THE APPLICANT TO TAKE REMEDIAL ACTION AND RESPOND
TO ANY VIOLATION OF THIS TITLE.
  3. "TRANSIENT OCCUPANCY" MEANS ANY OCCUPANCY ON  A  DAILY  OR  NIGHTLY
BASIS, OR ANY PART THEREOF, FOR FEWER THAN THIRTY CONSECUTIVE DAYS.
  S  289.  LICENSE  REQUIRED. NO APPLICANT SHALL RENT OR LEASE A CLASS A
DWELLING UNIT AS A VACATION RENTAL UNIT WITHOUT FIRST HAVING OBTAINED  A
VACATION  RENTAL  LICENSE.  A  SEPARATE  LICENSE  IS  REQUIRED FOR EVERY
MULTI-DWELLING BUILDING THAT HOLDS A UNIT OR UNITS USED BY THE APPLICANT
AS A VACATION RENTAL UNIT. A LICENSEE UNDER THIS ARTICLE  SHALL  NOT  BE
REQUIRED  TO  OBTAIN  ANY  OTHER  CITY LICENSE TO CONDUCT THE ACTIVITIES
DESCRIBED IN THIS ARTICLE. THE LICENSE SHALL BE VALID ONLY TO THE  INDI-
VIDUAL  TO  WHOM  IT  WAS  ISSUED  AND  IT SHALL NOT BE SUBJECT TO SALE,
ASSIGNMENT, OR TRANSFER, VOLUNTARY OR INVOLUNTARY, NOR SHALL THE LICENSE
BE VALID FOR ANY PREMISES OTHER THAN THAT FOR WHICH  IT  WAS  ORIGINALLY
ISSUED.  THE  LICENSE  SHALL  BE DISPLAYED IN A CONSPICUOUS PLACE IN THE
VACATION RENTAL. A LICENSE SHALL NOT BE REQUIRED FOR THOSE  UNITS  WHICH
PROVIDE TRANSIENT OCCUPANCY FOR FIFTEEN OR FEWER DAYS PER YEAR.
  S  290.  LICENSE  APPLICATION.  1.  THE  APPLICATION SHALL INCLUDE THE
LOCATION OF THE VACATION RENTAL  UNIT,  THE  TOTAL  NUMBER  OF  SLEEPING
ROOMS,  AN  ATTESTATION INDICATING THAT THE INDIVIDUAL HAS POSSESSION OF
THE VACATION RENTAL UNIT AND THE NAME AND ADDRESS  OF  A  LOCAL  CONTACT
PERSON.
  2. THE APPLICATION SHALL INCLUDE THE NAME, ADDRESS, AND CONTACT INFOR-
MATION  FOR A LOCAL CONTACT PERSON AND ATTACHED TO THE APPLICATION SHALL
BE AN AFFIDAVIT FROM THE LOCAL CONTACT PERSON ATTESTING THAT THE  PERSON
(A)  IS  DESIGNATED FOR SERVICE OF PROCESS; AND (B) IS AUTHORIZED BY THE
APPLICANT TO TAKE REMEDIAL ACTION AND RESPOND TO ANY VIOLATION  OF  THIS
TITLE.
  3. AS A CONDITION OF THE LICENSE, THE LICENSEE SHALL KEEP ALL INFORMA-
TION  CURRENT.   ANY CHANGE IN REQUIRED INFORMATION SHALL BE REPORTED TO
THE DEPARTMENT WITHIN THIRTY DAYS AFTER THE CHANGE.
  S 291. LICENSE FEE. THE FEE FOR A VACATION RENTAL SHALL BE TWO HUNDRED
DOLLARS.

S. 4263--A                          3

  S 292. LICENSE RENEWAL. ALL LICENSES ISSUED UNDER THIS  ARTICLE  SHALL
BE RENEWED EVERY TWO YEARS FOR A FEE OF TWO HUNDRED DOLLARS.
  S  293.  LICENSE  DENIAL OR REVOCATION. 1. A LICENSE OR A RENEWAL OF A
LICENSE SHALL BE DENIED OR REVOKED FOR ANY OF THE FOLLOWING REASONS:
  (A) THE APPLICANT DOES NOT HAVE  POSSESSION  OF  THE  VACATION  RENTAL
UNIT;
  (B)  A  LICENSE ISSUED UNDER THIS ARTICLE FOR THE VACATION RENTAL UNIT
HAS BEEN REVOKED FOR CAUSE WITHIN TWO YEARS OF THE DATE OF APPLICATION;
  (C) THE APPLICANT MAKES ANY FALSE, MISLEADING OR FRAUDULENT  STATEMENT
OR MISREPRESENTS ANY FACT IN THE LICENSE APPLICATION, OR USES ANY SCHEME
FOR THE PURPOSE OF EVADING ANY PROVISION OF THIS ARTICLE;
  (D)  THE  VACATION  RENTAL  UNIT  HAS  HAD  AT LEAST TWO SUBSTANTIATED
COMPLAINTS ISSUED ON  IT  WHICH  LED  TO  A  FINDING  OF  AT  LEAST  TWO
VIOLATIONS  OF  THIS  TITLE,  AND THEREFORE A DETERMINATION OF DENIAL OR
REVOCATION IS DETERMINED TO  BE  IN  THE  PUBLIC'S  BEST  INTEREST.  FOR
PURPOSES  OF THIS PARAGRAPH, COMPLAINTS MUST HAVE BEEN FILED ON OR AFTER
THE EFFECTIVE DATE OF THIS ARTICLE; OR
  (E) IT IS DETERMINED THAT THE OWNER OF THE CLASS A  MULTIPLE  DWELLING
BUILDING  IN  WHICH  THE VACATION RENTAL UNIT IS LOCATED, RECEIVES A TAX
EXEMPTION, CREDIT, REDUCTION OR REFUND PURSUANT TO A PUBLIC  HOUSING  OR
AFFORDABLE  HOUSING PROGRAM AND ALLOWING SUCH UNIT TO BE USED AS A VACA-
TION RENTAL UNIT WILL CAUSE SUCH BUILDING TO BE  IN  VIOLATION  OF  SUCH
PROGRAM.
  2.  IN  CLASS  A  MULTIPLE  DWELLINGS  WITH  MORE  THAN  TWENTY UNITS,
FORTY-NINE PERCENT OR LESS OF THE UNITS MAY BE USED FOR VACATION  RENTAL
UNIT PURPOSES.
  S  294. STANDARD OF OPERATION. 1. NO LICENSEE SHALL: (A) RENT OR LEASE
ANY VACATION RENTAL UNIT BY THE HOUR OR FOR ANY  PERIOD  OF  FEWER  THAN
FORTY-EIGHT  CONSECUTIVE  HOURS;  (B)  RENT OR LEASE ANY VACATION RENTAL
UNIT MORE THAN ONCE WITHIN ANY CONSECUTIVE TWENTY-FOUR HOUR PERIOD MEAS-
URED FROM THE COMMENCEMENT OF ONE RENTAL  TO  THE  COMMENCEMENT  OF  THE
NEXT;  OR  (C) ADVERTISE AN HOURLY RATE OR ANY OTHER RATE FOR A VACATION
RENTAL UNIT BASED ON A RENTAL PERIOD OF FEWER THAN  TWENTY-FOUR  CONSEC-
UTIVE HOURS.
  2.  THE  LICENSEE  SHALL  MAINTAIN  CURRENT GUEST REGISTRATION RECORDS
WHICH CONTAIN THE FOLLOWING INFORMATION ABOUT EACH  GUEST:  THE  GUEST'S
NAME,  ADDRESS,  SIGNATURE  AND DATES OF ACCOMMODATION. THE REGISTRATION
RECORDS SHALL BE KEPT ON FILE FOR THREE YEARS  AND  MADE  AVAILABLE  FOR
INSPECTION.
  3.  NO  LICENSEE SHALL PERMIT ANY CRIMINAL ACTIVITY OR PUBLIC NUISANCE
TO TAKE PLACE IN THE VACATION  RENTAL  UNIT.  IF  A  LICENSEE  KNOWS  OR
SUSPECTS  THAT  ANY CRIMINAL ACTIVITY OR PUBLIC NUISANCE IS TAKING PLACE
IN THE VACATION RENTAL, THAT PERSON SHALL IMMEDIATELY NOTIFY AND COOPER-
ATE WITH APPROPRIATE LAW ENFORCEMENT OFFICIALS.
  4. IF A LICENSEE OPERATES A WEBSITE TO PROMOTE  SUCH  VACATION  RENTAL
UNIT, THE LICENSEE SHALL PRINT ITS LICENSE NUMBER ON THE WEBSITE.
  5.  THE MAXIMUM NUMBER OF GUESTS IN A VACATION RENTAL UNIT SHALL BE NO
MORE THAN ONE PERSON PER ONE HUNDRED SQUARE FEET OF FLOOR  AREA  OF  THE
DWELLING UNIT FOR WHICH THE LICENSE IS ISSUED. THE OCCUPANCY LIMITATIONS
SET  FORTH  IN  THIS  SUBDIVISION  ARE ABSOLUTE MAXIMUMS, AND THE ACTUAL
ALLOWED CAPACITY SHALL BE BASED ON  THE  APPLICABLE  PROVISIONS  OF  THE
BUILDING CODE.
  6.  THE  VACATION  RENTAL  UNIT SHALL BE CLEANED AND SANITIZED BETWEEN
GUESTS AND ALL FOOD, BEVERAGES AND ALCOHOL  SHALL  BE  THROWN  OUT.  ALL
DISHES, UTENSILS, POTS, PANS AND OTHER COOKING UTENSILS SHALL BE CLEANED
AND SANITIZED BETWEEN GUESTS.

S. 4263--A                          4

  7. THE NAME AND PHONE NUMBER OF THE LOCAL CONTACT PERSON AND THE VACA-
TION RENTAL UNIT LICENSE SHALL BE POSTED IN A CONSPICUOUS PLACE NEAR THE
ENTRANCE OF THE VACATION RENTAL UNIT.
  8.  AN  EVACUATION  DIAGRAM  IDENTIFYING  ALL MEANS OF EGRESS FROM THE
VACATION RENTAL UNIT AND THE BUILDING IN WHICH IT IS  LOCATED  SHALL  BE
POSTED  IN A CONSPICUOUS PLACE ON THE INSIDE ENTRANCE DOOR OF EACH VACA-
TION RENTAL UNIT.
  S 295. VIOLATIONS. ANY INDIVIDUAL THAT VIOLATES ANY PROVISION OF  THIS
ARTICLE SHALL BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS
NOR  MORE  THAN  ONE  THOUSAND  DOLLARS PER VIOLATION, AND SHALL ALSO BE
SUBJECT TO LICENSE SUSPENSION OR REVOCATION, OR BOTH.
  S 4. 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:
  (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;
  (D)  THE  DWELLING  UNIT  HAS  SUFFICIENT  FIRE, HAZARD, AND LIABILITY
INSURANCE TO COVER THOSE PERSONS USING THE UNIT FOR SUCH OCCUPANCY; AND
  (E) THE OWNER OR LEASEHOLDER OF THE UNIT  HOLDS  A  VALID  LICENSE  IN
ACCORDANCE WITH THE PROVISIONS OF ARTICLE TWO OF THIS SUBCHAPTER.
  S  5.  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  6. Subchapter 1 of chapter 2 of title 27 of the administrative code
of the city of New York is amended by adding a new article 2 to read  as
follows:
                                ARTICLE 2
                            VACATION RENTALS
SECTION 27-2004.1. DEFINITIONS.
        27-2004.2. LICENSE REQUIRED.
        27-2004.3. LICENSE APPLICATION.
        27-2004.4. LICENSE FEE.
        27-2004.5. LICENSE RENEWAL.
        27-2004.6. LICENSE DENIAL OR REVOCATION.
        27-2004.7. STANDARD OF OPERATION.
        27.2004.8. VIOLATIONS
  S 27-2004.1 DEFINITIONS. A. FOR PURPOSES OF THIS CHAPTER:
  1.  "APPLICANT"  MEANS  ANY  INDIVIDUAL THAT OWNS OR LEASES A VACATION
RENTAL UNIT, AS DEFINED BY PARAGRAPH  FOURTEEN-A  OF  SUBDIVISION  A  OF
SECTION 27-2004 OF THIS SUBCHAPTER, AND RENTS SUCH UNIT OUT TO TRANSIENT
GUESTS  FOR FEWER THAN THIRTY CONSECUTIVE DAYS CONSISTENT WITH STANDARDS
SET FORTH UNDER CLAUSE THREE OF SUBPARAGRAPH (A) OF PARAGRAPH  EIGHT  OF
SUBDIVISION A OF SECTION 27-2004 OF THIS SUBCHAPTER.
  2. "LOCAL CONTACT PERSON" MEANS A PERSON AUTHORIZED AS AN AGENT OF THE
APPLICANT  WHO:  (A)  IS  DESIGNATED  FOR SERVICE OF PROCESS; AND (B) IS

S. 4263--A                          5

AUTHORIZED BY THE APPLICANT TO TAKE REMEDIAL ACTION AND RESPOND  TO  ANY
VIOLATION OF THIS ARTICLE.
  3.  "TRANSIENT  OCCUPANCY"  MEANS  ANY OCCUPANCY ON A DAILY OR NIGHTLY
BASIS, OR ANY PART THEREOF, FOR FEWER THAN THIRTY CONSECUTIVE DAYS.
  S 27-2004.2 LICENSE REQUIRED. NO APPLICANT SHALL RENT OR LEASE A CLASS
A DWELLING UNIT AS A VACATION RENTAL UNIT WITHOUT FIRST HAVING  OBTAINED
A  VACATION  RENTAL  LICENSE.  A  SEPARATE LICENSE IS REQUIRED FOR EVERY
MULTI-DWELLING BUILDING THAT HOLDS A UNIT OR UNITS USED BY THE APPLICANT
AS A VACATION RENTAL UNIT. A LICENSEE UNDER THIS ARTICLE  SHALL  NOT  BE
REQUIRED  TO  OBTAIN  ANY  OTHER  CITY LICENSE TO CONDUCT THE ACTIVITIES
DESCRIBED IN THIS ARTICLE. THE LICENSE SHALL BE VALID ONLY TO THE  INDI-
VIDUAL  TO  WHOM  IT  WAS  ISSUED  AND  IT SHALL NOT BE SUBJECT TO SALE,
ASSIGNMENT, OR TRANSFER, VOLUNTARY OR INVOLUNTARY, NOR SHALL THE LICENSE
BE VALID FOR ANY PREMISES OTHER THAN THAT FOR WHICH  IT  WAS  ORIGINALLY
ISSUED.  THE  LICENSE  SHALL  BE DISPLAYED IN A CONSPICUOUS PLACE IN THE
VACATION RENTAL. A LICENSE SHALL NOT BE REQUIRED FOR THOSE  UNITS  WHICH
PROVIDE TRANSIENT OCCUPANCY FOR FIFTEEN OR FEWER DAYS PER YEAR.
  S  27-2004.3 LICENSE APPLICATION. A. THE APPLICATION SHALL INCLUDE THE
LOCATION OF THE VACATION RENTAL  UNIT,  THE  TOTAL  NUMBER  OF  SLEEPING
ROOMS,  AN  ATTESTATION INDICATING THAT THE INDIVIDUAL HAS POSSESSION OF
THE VACATION RENTAL UNIT AND THE NAME AND ADDRESS  OF  A  LOCAL  CONTACT
PERSON.
  B. THE APPLICATION SHALL INCLUDE THE NAME, ADDRESS, AND CONTACT INFOR-
MATION  FOR A LOCAL CONTACT PERSON AND ATTACHED TO THE APPLICATION SHALL
BE AN AFFIDAVIT FROM THE LOCAL CONTACT PERSON ATTESTING THAT THE  PERSON
1.  IS  DESIGNATED  FOR  SERVICE OF PROCESS; AND 2. IS AUTHORIZED BY THE
APPLICANT TO TAKE REMEDIAL ACTION AND RESPOND TO ANY VIOLATION  OF  THIS
TITLE.
  C. AS A CONDITION OF THE LICENSE, THE LICENSEE SHALL KEEP ALL INFORMA-
TION  CURRENT.   ANY CHANGE IN REQUIRED INFORMATION SHALL BE REPORTED TO
THE DEPARTMENT WITHIN THIRTY DAYS AFTER THE CHANGE.
  S 27-2004.4 LICENSE FEE. THE FEE FOR A VACATION RENTAL  LICENSE  SHALL
BE TWO HUNDRED DOLLARS.
  S  27-2004.5  LICENSE  RENEWAL. ALL LICENSES ISSUED UNDER THIS ARTICLE
SHALL BE RENEWED EVERY TWO YEARS FOR A FEE OF TWO HUNDRED DOLLARS.
  S 27-2004.6 LICENSE DENIAL OR REVOCATION. A. A LICENSE OR A RENEWAL OF
A LICENSE SHALL BE DENIED OR REVOKED FOR ANY OF THE FOLLOWING REASONS:
  1. THE APPLICANT DOES NOT HAVE POSSESSION OF THE VACATION RENTAL UNIT;
  2. A LICENSE ISSUED UNDER THIS ARTICLE FOR THE  VACATION  RENTAL  UNIT
HAS BEEN REVOKED FOR CAUSE WITHIN TWO YEARS OF THE DATE OF APPLICATION;
  3.  THE  APPLICANT MAKES ANY FALSE, MISLEADING OR FRAUDULENT STATEMENT
OR MISREPRESENTS ANY FACT IN THE LICENSE APPLICATION, OR USES ANY SCHEME
FOR THE PURPOSE OF EVADING ANY PROVISION OF THIS ARTICLE;
  4. THE VACATION  RENTAL  UNIT  HAS  HAD  AT  LEAST  TWO  SUBSTANTIATED
COMPLAINTS  ISSUED  ON  IT  WHICH  LED  TO  A  FINDING  OF  AT LEAST TWO
VIOLATIONS OF THIS ARTICLE, AND THEREFORE A DETERMINATION OF  DENIAL  OR
REVOCATION  IS  DETERMINED  TO  BE  IN  THE  PUBLIC'S BEST INTEREST. FOR
PURPOSES OF THIS PARAGRAPH, COMPLAINTS MUST HAVE BEEN FILED ON OR  AFTER
THE EFFECTIVE DATE OF THIS ARTICLE; OR
  5.  IT  IS  DETERMINED THAT THE OWNER OF THE CLASS A MULTIPLE DWELLING
BUILDING IN WHICH THE VACATION RENTAL UNIT IS LOCATED,  RECEIVES  A  TAX
EXEMPTION,  CREDIT,  REDUCTION OR REFUND PURSUANT TO A PUBLIC HOUSING OR
AFFORDABLE HOUSING PROGRAM AND ALLOWING SUCH UNIT TO BE USED AS A  VACA-
TION  RENTAL  UNIT  WILL  CAUSE SUCH BUILDING TO BE IN VIOLATION OF SUCH
PROGRAM.

S. 4263--A                          6

  B. IN  CLASS  A  MULTIPLE  DWELLINGS  WITH  MORE  THAN  TWENTY  UNITS,
FORTY-NINE  PERCENT OR LESS OF THE UNITS MAY BE USED FOR VACATION RENTAL
UNIT PURPOSES.
  S  27-2004.7  STANDARD  OF OPERATION. A. NO LICENSEE SHALL: 1. RENT OR
LEASE ANY VACATION RENTAL UNIT BY THE HOUR OR FOR ANY  PERIOD  OF  FEWER
THAN  FORTY-EIGHT  CONSECUTIVE  HOURS;  2.    RENT OR LEASE ANY VACATION
RENTAL UNIT MORE THAN ONCE WITHIN ANY CONSECUTIVE TWENTY-FOUR HOUR PERI-
OD MEASURED FROM THE COMMENCEMENT OF ONE RENTAL TO THE  COMMENCEMENT  OF
THE  NEXT;  OR 3. ADVERTISE AN HOURLY RATE OR ANY OTHER RATE FOR A VACA-
TION RENTAL UNIT BASED ON A RENTAL  PERIOD  OF  FEWER  THAN  TWENTY-FOUR
CONSECUTIVE HOURS.
  B.  THE  LICENSEE  SHALL  MAINTAIN  CURRENT GUEST REGISTRATION RECORDS
WHICH CONTAIN THE FOLLOWING INFORMATION ABOUT EACH  GUEST:  THE  GUEST'S
NAME,  ADDRESS,  SIGNATURE  AND DATES OF ACCOMMODATION. THE REGISTRATION
RECORDS SHALL BE KEPT ON FILE FOR THREE YEARS  AND  MADE  AVAILABLE  FOR
INSPECTION.
  C.  NO  LICENSEE SHALL PERMIT ANY CRIMINAL ACTIVITY OR PUBLIC NUISANCE
TO TAKE PLACE IN THE VACATION  RENTAL  UNIT.  IF  A  LICENSEE  KNOWS  OR
SUSPECTS  THAT  ANY CRIMINAL ACTIVITY OR PUBLIC NUISANCE IS TAKING PLACE
IN THE VACATION RENTAL, THAT PERSON SHALL IMMEDIATELY NOTIFY AND COOPER-
ATE WITH APPROPRIATE LAW ENFORCEMENT OFFICIALS.
  D. IF A LICENSEE OPERATES A WEBSITE TO PROMOTE  SUCH  VACATION  RENTAL
UNIT, THE LICENSEE SHALL PRINT ITS LICENSE NUMBER ON THE WEBSITE.
  E.  THE MAXIMUM NUMBER OF GUESTS IN A VACATION RENTAL UNIT SHALL BE NO
MORE THAN ONE PERSON PER ONE HUNDRED SQUARE FEET OF FLOOR  AREA  OF  THE
DWELLING UNIT FOR WHICH THE LICENSE IS ISSUED. THE OCCUPANCY LIMITATIONS
SET  FORTH  IN  THIS  SUBDIVISION  ARE ABSOLUTE MAXIMUMS, AND THE ACTUAL
ALLOWED CAPACITY SHALL BE BASED ON  THE  APPLICABLE  PROVISIONS  OF  THE
BUILDING CODE.
  F.  THE  VACATION  RENTAL  UNIT SHALL BE CLEANED AND SANITIZED BETWEEN
GUESTS AND ALL FOOD, BEVERAGES AND ALCOHOL  SHALL  BE  THROWN  OUT.  ALL
DISHES, UTENSILS, POTS, PANS AND OTHER COOKING UTENSILS SHALL BE CLEANED
AND SANITIZED BETWEEN GUESTS.
  G. THE NAME AND PHONE NUMBER OF THE LOCAL CONTACT PERSON AND THE VACA-
TION RENTAL UNIT LICENSE SHALL BE POSTED IN A CONSPICUOUS PLACE NEAR THE
ENTRANCE OF THE VACATION RENTAL UNIT.
  H.  AN  EVACUATION  DIAGRAM  IDENTIFYING  ALL MEANS OF EGRESS FROM THE
VACATION RENTAL UNIT AND THE BUILDING IN WHICH IT IS  LOCATED  SHALL  BE
POSTED  IN A CONSPICUOUS PLACE ON THE INSIDE ENTRANCE DOOR OF EACH VACA-
TION RENTAL UNIT.
  S 27.2004.8 VIOLATIONS. ANY INDIVIDUAL THAT VIOLATES ANY PROVISION  OF
THIS  ARTICLE  SHALL  BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED
DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS PER VIOLATION, AND SHALL ALSO
BE SUBJECT TO LICENSE SUSPENSION OR REVOCATION, OR BOTH.
  S 7. This act shall take effect immediately.

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