senate Bill S5637

Amends the definition of "class A dwelling" so as to authorize tenants of such a dwelling unit to sublease it for a period of less than 30 days

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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

  • 30 / May / 2013
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 08 / Jan / 2014
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Summary

Amends the definition of "class A multiple dwelling" so as to authorize tenants of such a dwelling unit to sublease it for a period of less than 30 days.

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Bill Details

See Assembly Version of this Bill:
A7495
Versions:
S5637
Legislative Cycle:
2013-2014
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Multiple Dwelling Law
Laws Affected:
Amd ยง4, Mult Dwell L

Sponsor Memo

BILL NUMBER:S5637

TITLE OF BILL: An act to amend the multiple dwelling law, in relation
to the definition of a "class A multiple dwelling"

PURPOSE:

To provide an exemption for primary and secondary residences that rent
certain class A multiple dwelling units on a short-term basis. The law
passed in 2010 (Ch. 225) was created in response to .a growing 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 individuals that rent out their own
units to help make ends meet and earn extra income.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision 8 of section 4 of the
multiple dwelling law, adding an additional exemption to incidental
and occasional occupancy of dwelling units, provided that this
occupancy is in either the primary or secondary residence of the
permanent occupant.

JUSTIFICATION:

The 2010 law was written to address a problem of entire buildings
being turned into illegal hotels, but was not intended to target
individuals who rented out their apartments occasionally. As a result,
it has denied citizens of New York City the opportunity to rent out
their extra space when they are out of town to help make ends meet.
Individuals who rent out their apartments occasionally are able to.use
this money to help pay their rent, mortgage, medical bills, and other
expenses. In addition, visitors who use this method of lodging bring
additional economic activity to neighborhoods that would otherwise not
see this business. Two-thirds of all New York City hotels are located
in Mid-town Manhattan, yet the majority of this activity occurs
outside of this area in Manhattan, and in the four outer boroughs.
Visitors use these lodging options for a variety of reasons including
visiting family members who live in the outer boroughs and to get a
feel for the local flavor and vibrancy of neighborhoods throughout New
York City. This legislation would bring exponential economic benefits
to both New York City's residents and its visitors.

LEGISLATIVE HISTORY:

This is a new bill

FISCAL IMPACT IN THE STATE:

To be determined

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
________________________________________________________________________

                                  5637

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 30, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- 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, in relation to the definition
  of a "class A multiple dwelling"

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

  Section 1. The opening paragraph and subparagraph 1 of paragraph a  of
subdivision  8  of section 4 of the multiple dwelling law, as amended by
chapter 225 of the laws of 2010, are amended to read as follows:
  A "class [A"] A multiple [dwelling] DWELLING" is a  multiple  dwelling
that  is  occupied  for  permanent  residence purposes. This class shall
include tenements, flat houses, maisonette apartments, apartment houses,
apartment hotels, bachelor apartments, studio apartments, duplex  apart-
ments, kitchenette apartments, garden-type maisonette dwelling projects,
and  all  other  multiple dwellings except class B multiple dwellings. A
class A multiple dwelling shall only be  used  for  permanent  residence
purposes.  For  the  purposes  of  this definition, "permanent residence
purposes" shall consist of occupancy of a CLASS A dwelling unit  by  the
same  natural person or family for thirty consecutive days or more and a
person or family so occupying a dwelling unit shall be referred to here-
in as the permanent occupants of such dwelling unit. The following  uses
of  a  dwelling  unit  by  the  permanent occupants thereof shall not be
deemed to be inconsistent with the occupancy of such dwelling  unit  for
permanent residence purposes:
  (1)  (A) occupancy of such dwelling unit for fewer than thirty consec-
utive days by other natural persons living within the household  of  the
permanent  occupant  such as house guests or lawful boarders, roomers or
lodgers; [or]
  (B) incidental and occasional occupancy  of  such  dwelling  unit  for
fewer  than  thirty  consecutive  days by other natural persons when the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11034-01-3

S. 5637                             2

permanent occupants are temporarily absent for personal reasons such  as
vacation  or  medical  treatment,  provided  that  there  is no monetary
compensation paid to the permanent occupants for such occupancy[.] ; OR
  (C)  INCIDENTAL  AND  OCCASIONAL  OCCUPANCY  OF SUCH DWELLING UNIT FOR
FEWER THAN THIRTY CONSECUTIVE DAYS BY OTHER  NATURAL  PERSONS  WHEN  THE
PERMANENT  OCCUPANTS ARE TEMPORARILY ABSENT, PROVIDED THAT THE OCCUPANCY
IS IN EITHER THE PRIMARY OR SECONDARY RESIDENCE OF THE  PERMANENT  OCCU-
PANT.
  S 2. This act shall take effect immediately.

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