senate Bill S4263A

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Jun 18, 2012 amended on third reading 4263c
May 07, 2012 amended on third reading 4263b
Feb 06, 2012 advanced to third reading
Jan 31, 2012 2nd report cal.
Jan 30, 2012 1st report cal.129
Jan 04, 2012 referred to housing, construction and community development
Jun 24, 2011 recommitted to rules
Jun 21, 2011 ordered to third reading cal.1466
committee discharged and committed to rules
May 20, 2011 print number 4263a
amend and recommit to housing, construction and community development
Mar 25, 2011 referred to housing, construction and community development

Votes

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Jan 30, 2012 - Housing, Construction and Community Development committee Vote

S4263A
5
1
committee
5
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Housing, Construction and Community Development Committee Vote: Jan 30, 2012

nay (1)
aye wr (2)

Jun 21, 2011 - Rules committee Vote

S4263A
14
4
committee
14
Aye
4
Nay
6
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

S4263 - Bill Details

Current Committee:
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

S4263 - Bill Texts

view 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.

view 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.

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                    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.

Co-Sponsors

S4263A - Bill Details

Current Committee:
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

S4263A - Bill Texts

view 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.

view 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.

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                    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.

Co-Sponsors

S4263B - Bill Details

Current Committee:
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

S4263B - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S4263B

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 (less than 30 days). 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 is targeted to help a group of individuals
that use certain class A multiple dwelling units on a short term
basis, thereby providing tax revenue and tourism dollars to the state
and city. Further, the regulatory paradigm created by this proposal
would help tremendously with the enforcement issues surrounding
illegal hotels. It would become extremely difficult for bad actors
and large illegal hotels to operate under the requirements and
registration process laid out in this legislation.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 4 of the multiple dwelling law,
adding requirements to certain short-term rental units in class A
multiple dwellings. Such requirements include:

o Not an SRO
o Contain a bathroom and kitchen
o Guests receive notice of evacuation diagram
o Smoke detectors are located in each room
o Sufficient liability insurance to cover guests (this is something to
be more specific on)
o Expressly carves out rent stabilized
units/rent controlled and other subsidized housing
o Specific occupancy/hotel taxes required
o Registration required unless unit is
used for less than 30 days per year
o Further requirements on building size:
* Building with 5-10 units, no more than 50% may be used as vacation
rentals
* Building with 11-20 units, no more than 49% may be used as
vacation rentals
* Building with 21+ units, no more than 10% may be used as vacation
rentals

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


Section 3 of the bill would add a new
article 7-D to the multiple dwelling law, creating a short-term
rental registration process. Under the registration process, the
individual would register with New York City Department of Buildings
for a fee of $200 and attest to a standard of operation that guest
registration records will be kept, no illegal activity or public
nuisance will be permitted, occupancy limits will be followed,
cleaning procedures will be conducted between guests, and the name of
a local Contact person shall be provided to guests. Two complaints
that lead to violations will automatically cause a revocation of the
registration.

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 SROs, it also
is ridding New York State of a legitimate business model: short term
rental units used by tourists, hospital patients and business guests.
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. These units should also
not be confused with the illegal hotels hotels that often contain
subdivided units and an excess-occupancy such that fire and safety
codes are not complied with. Short-term rentals are a growing
industry for travelers and the only way for the City to ensure the
safety of guests and permanent residents alike is to properly
regulate the industry.
This legislation is written to expressly exclude rent stabilized and
rent controlled units and to protect the public. While one can
certainly find examples of municipalities and 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 immediately.


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

                                 4263--B
    Cal. No. 129

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 25, 2011
                               ___________

Introduced  by Sens. GOLDEN, GRISANTI -- 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  commit-
  tee  --  recommitted  to  the  Committee  on Housing, Construction and
  Community Development in accordance with Senate  Rule  6,  sec.  8  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

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 SHORT-TERM RENTAL
UNIT FOR OCCUPANCY OF FEWER THAN THIRTY CONSECUTIVE DAYS  SHALL  NOT  BE
INCONSISTENT  WITH THE OCCUPANCY OF SUCH MULTIPLE DWELLING FOR PERMANENT
RESIDENCE 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)  SUCH DWELLING UNIT PROVIDES FOR AN EVACUATION DIAGRAM IDENTIFYING
ALL MEANS OF EGRESS FROM THE VACATION RENTAL UNIT AND  THE  BUILDING  IN
WHICH  IT  IS  LOCATED.  SUCH  EVACUATION  DIAGRAM  SHALL BE POSTED IN A
CONSPICUOUS PLACE ON THE INSIDE ENTRANCE DOOR OF  EACH  VACATION  RENTAL
UNIT;
  (D)  SUCH  DWELLING  UNIT  CONTAINS WORKING SMOKE DETECTORS LOCATED IN
EACH ROOM OF THE UNIT;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10513-06-2

S. 4263--B                          2

  (E) SUCH DWELLING UNIT HAS  SUFFICIENT  FIRE,  HAZARD,  AND  LIABILITY
INSURANCE TO COVER THOSE PERSONS USING THE UNIT FOR SUCH OCCUPANCY;
  (F) ALL COMPENSATION RECEIVED FOR RENT, OR FOR HIRE, FOR SUCH DWELLING
UNIT, SHALL BE SUBJECT TO ALL APPROPRIATE TAXES AND FEES, INCLUDING, BUT
NOT  LIMITED TO, TAXES AND FEES IMPOSED BY SECTIONS 1104, 1105, 1107 AND
1109 OF THE TAX LAW, AND SECTION 11-702 OF THE  ADMINISTRATIVE  CODE  OF
THE CITY OF NEW YORK;
  (G)  SUCH DWELLING UNIT IS NOT CURRENTLY SUBJECT TO RENT CONTROL UNDER
CHAPTER THREE OF TITLE TWENTY-SIX OF THE ADMINISTRATIVE CODE OF THE CITY
OF NEW YORK OR RENT STABILIZATION UNDER CHAPTER FOUR OF TITLE TWENTY-SIX
OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, NOR DOES  THE  OWNER
OF  THE CLASS A MULTIPLE DWELLING BUILDING IN WHICH THE UNIT IS LOCATED,
RECEIVE A TAX EXEMPTION, CREDIT,  REDUCTION  OR  REFUND  PURSUANT  TO  A
PUBLIC HOUSING OR AFFORDABLE HOUSING; AND
  (H)  THE OWNER OR LEASEHOLDER OF SUCH DWELLING UNIT IS REGISTERED WITH
THE CITY IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE  SEVEN-D  OF  THIS
CHAPTER  EXCEPT  WHERE  SUCH UNIT IS PROVIDED AS A SHORT-TERM RENTAL FOR
LESS THAN THIRTY  DAYS  PER  CALENDAR  YEAR.  SEPARATE  REGISTRATION  IS
REQUIRED  FOR  EACH  BUILDING  THAT  SUCH OWNER OR LEASEHOLDER USES AS A
SHORT-TERM RENTAL.
  PROVIDED FURTHER THAT IN CLASS A MULTIPLE DWELLINGS:
  (I) WITH FIVE TO TEN UNITS, NO MORE THAN FIFTY PERCENT MAY  BE  REGIS-
TERED AS SHORT-TERM RENTAL UNITS;
  (II)  WITH ELEVEN TO TWENTY UNITS, NO MORE THAN FORTY-NINE PERCENT MAY
BE REGISTERED AS SHORT-TERM RENTAL UNITS; AND
  (III) WITH MORE THAN TWENTY UNITS, NO MORE THAN  TEN  PERCENT  MAY  BE
REGISTERED AS SHORT-TERM RENTAL UNITS.
  S 2. Section 4 of the multiple dwelling law is amended by adding a new
subdivision 15-a to read as follows:
  15-A.  "SHORT-TERM  RENTAL  UNIT"  IS A CLASS A MULTIPLE DWELLING UNIT
THAT IS AVAILABLE FOR RENT, OR FOR HIRE, FOR LESS THAN  THIRTY  DAYS  BY
GUESTS.
  S  3. The multiple dwelling law is amended by adding a new article 7-D
to read as follows:
                               ARTICLE 7-D
                           SHORT-TERM RENTALS
SECTION 288. REGISTRATION REQUIRED.
        289. REGISTRATION FEE.
        290. STANDARD OF OPERATION.
        291. VIOLATIONS.
  S 288. REGISTRATION REQUIRED. ANY INDIVIDUAL THAT  OWNS  OR  LEASES  A
SHORT-TERM  RENTAL  UNIT, AS DEFINED BY SUBDIVISION FIFTEEN-A OF SECTION
FOUR OF THIS CHAPTER, AND RENTS SUCH UNIT OUT TO GUESTS FOR  FEWER  THAN
THIRTY  CONSECUTIVE  DAYS MUST REGISTER WITH THE CITY FOR EVERY BUILDING
WHEREIN THE INDIVIDUAL HAS A SHORT-TERM RENTAL UNIT  OR  UNITS  LOCATED.
THE REGISTRATION SHALL INCLUDE THE LOCATION OF THE VACATION RENTAL UNIT,
THE  TOTAL  NUMBER OF SLEEPING ROOMS AND THE NAME AND ADDRESS OF A LOCAL
CONTACT PERSON.
  S 289. REGISTRATION FEE. THE REGISTRATION FEE  SHALL  BE  TWO  HUNDRED
DOLLARS.
  S  290.  STANDARD  OF  OPERATION.  EACH  REGISTRATION SHALL CONTAIN AN
ATTESTATION THAT THE INDIVIDUAL WILL COMPLY WITH A STANDARD OF OPERATION
THAT INCLUDES:
  1. GUEST REGISTRATION RECORDS FOR EACH UNIT MUST BE MAINTAINED,  WHICH
CONTAIN  THE  FOLLOWING  INFORMATION ABOUT EACH GUEST: THE GUEST'S NAME,

S. 4263--B                          3

ADDRESS, AND DATES OF ACCOMMODATION. THE REGISTRATION RECORDS  SHALL  BE
KEPT ON FILE FOR THREE YEARS AND MADE AVAILABLE FOR INSPECTION.
  2.  NO  ILLEGAL  ACTIVITY  OR PUBLIC NUISANCE SHALL BE ALLOWED TO TAKE
PLACE IN THE UNIT.
  3. THE MAXIMUM NUMBER OF GUESTS IN A UNIT SHALL BE NO  MORE  THAN  ONE
PERSON  PER ONE HUNDRED SQUARE FEET OF FLOOR AREA. THE OCCUPANCY LIMITA-
TIONS SET FORTH IN THIS SUBDIVISION ARE ABSOLUTE MAXIMUMS, AND THE ACTU-
AL ALLOWED CAPACITY SHALL BE BASED ON THE APPLICABLE PROVISIONS  OF  THE
BUILDING  CODE.    NOTICE OF THESE REQUIREMENTS SHALL BE PROVIDED TO ALL
GUESTS.
  4. THE 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.
  5.  THE  NAME  AND PHONE NUMBER OF A LOCAL CONTACT PERSON AND PROOF OF
REGISTRATION SHALL BE POSTED IN A CONSPICUOUS PLACE NEAR THE ENTRANCE OF
THE UNIT.
  6. WHERE A SHORT-TERM 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 OR ARTICLE FOUR OF THIS CHAPTER, REGISTRATION
OF THE UNIT, AND ANY OTHER SHORT-TERM RENTAL  UNITS  REGISTERED  BY  THE
INDIVIDUAL IN THE SAME BUILDING, SHALL BE REVOKED.
  S 291. VIOLATIONS. 1. ANY INDIVIDUAL WHO IS FOUND BY THE DEPARTMENT TO
HAVE  VIOLATED ANY REQUIREMENTS OF CLAUSE THREE OF PARAGRAPH A OF SUBDI-
VISION EIGHT OF SECTION FOUR OF THIS CHAPTER WITH  RESPECT  TO  USE  AND
OPERATION OF A SHORT-TERM RENTAL UNIT, SHALL BE SUBJECT TO A FINE OF NOT
LESS THAN ONE THOUSAND DOLLARS AND NOT MORE THAN TWO THOUSAND DOLLARS.
  2.  ANY  INDIVIDUAL  THAT  OPERATES WITHOUT REGISTERING AS REQUIRED BY
THIS ARTICLE SHALL BE SUBJECT TO A FINE OF NOT LESS  THAN  ONE  THOUSAND
DOLLARS AND NOT MORE THAN TWO THOUSAND DOLLARS.
  3. ANY INDIVIDUAL WHO MAKES ANY FALSE, MISLEADING OR FRAUDULENT STATE-
MENT  OR  MISREPRESENTS ANY FACT ON THE REGISTRATION, OR USES ANY SCHEME
FOR THE PURPOSE OF EVADING ANY  PROVISION  OF  THIS  ARTICLE,  SHALL  BE
SUBJECT  TO  A  FINE  OF NOT LESS THAN ONE THOUSAND DOLLARS AND NOT MORE
THAN TWO THOUSAND DOLLARS.
  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 SHORT-TERM RENTAL
UNIT FOR OCCUPANCY OF FEWER THAN THIRTY CONSECUTIVE DAYS  SHALL  NOT  BE
INCONSISTENT  WITH THE OCCUPANCY OF SUCH MULTIPLE DWELLING FOR PERMANENT
RESIDENCE 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)  SUCH DWELLING UNIT PROVIDES FOR AN EVACUATION DIAGRAM IDENTIFYING
ALL MEANS OF EGRESS FROM THE VACATION RENTAL UNIT AND  THE  BUILDING  IN
WHICH  IT  IS  LOCATED.  SUCH  EVACUATION  DIAGRAM  SHALL BE POSTED IN A
CONSPICUOUS PLACE ON THE INSIDE ENTRANCE DOOR OF  EACH  VACATION  RENTAL
UNIT;
  (D)  SUCH  DWELLING  UNIT  CONTAINS WORKING SMOKE DETECTORS LOCATED IN
EACH ROOM OF THE UNIT;
  (E) SUCH DWELLING UNIT HAS  SUFFICIENT  FIRE,  HAZARD,  AND  LIABILITY
INSURANCE TO COVER THOSE PERSONS USING THE UNIT FOR SUCH OCCUPANCY;
  (F) ALL COMPENSATION RECEIVED FOR RENT, OR FOR HIRE, FOR SUCH DWELLING
UNIT, SHALL BE SUBJECT TO ALL APPROPRIATE TAXES AND FEES, INCLUDING, BUT

S. 4263--B                          4

NOT  LIMITED  TO,  TAXES  AND FEES IMPOSED BY SECTIONS 1104, 1105, 1107,
1109 OF PART TWO OF ARTICLE TWENTY-EIGHT OF THE  TAX  LAW,  AND  SECTION
11-702  OF  CHAPTER  SEVEN OF TITLE ELEVEN OF THE ADMINISTRATIVE CODE OF
THE CITY OF NEW YORK;
  (G)  SUCH DWELLING UNIT IS NOT CURRENTLY SUBJECT TO RENT CONTROL UNDER
CHAPTER THREE OF TITLE TWENTY-SIX OF THE ADMINISTRATIVE CODE OF THE CITY
OF NEW YORK OR RENT STABILIZATION UNDER CHAPTER FOUR OF TITLE TWENTY-SIX
OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, NOR DOES  THE  OWNER
OF  THE CLASS A MULTIPLE DWELLING BUILDING IN WHICH THE UNIT IS LOCATED,
RECEIVE A TAX EXEMPTION, CREDIT,  REDUCTION  OR  REFUND  PURSUANT  TO  A
PUBLIC HOUSING OR AFFORDABLE HOUSING; AND
  (H)  THE OWNER OR LEASEHOLDER OF SUCH DWELLING UNIT IS REGISTERED WITH
THE CITY IN ACCORDANCE WITH  THE  PROVISIONS  OF  ARTICLE  TWO  OF  THIS
SUBCHAPTER EXCEPT WHERE SUCH UNIT IS PROVIDED AS A SHORT-TERM RENTAL FOR
LESS  THAN  THIRTY  DAYS  PER  CALENDAR  YEAR.  SEPARATE REGISTRATION IS
REQUIRED FOR EACH BUILDING THAT SUCH OWNER  OR  LEASEHOLDER  USES  AS  A
SHORT-TERM RENTAL.
  PROVIDED FURTHER THAT IN CLASS A MULTIPLE DWELLINGS:
  (I)  WITH  FIVE TO TEN UNITS, NO MORE THAN FIFTY PERCENT MAY BE REGIS-
TERED AS SHORT-TERM RENTAL UNITS;
  (II) WITH ELEVEN TO TWENTY UNITS, NO MORE THAN FORTY-NINE PERCENT  MAY
BE REGISTERED AS SHORT-TERM RENTAL UNITS; AND
  (III)  WITH  MORE  THAN  TWENTY UNITS, NO MORE THAN TEN PERCENT MAY BE
REGISTERED AS SHORT-TERM RENTAL UNITS.
  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. "SHORT-TERM RENTAL UNIT" IS A CLASS  A  MULTIPLE  DWELLING  UNIT
THAT  IS  AVAILABLE  FOR RENT, OR FOR HIRE, FOR LESS THAN THIRTY DAYS BY
GUESTS.
  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
                           SHORT-TERM RENTALS
SECTION 27-2004.1 REGISTRATION REQUIRED.
        27-2004.2 REGISTRATION FEE.
        27-2004.3 STANDARD OF OPERATION.
        27-2004.4 VIOLATIONS.
  S 27-2004.1 REGISTRATION REQUIRED. ANY INDIVIDUAL THAT OWNS OR  LEASES
A SHORT-TERM RENTAL UNIT, AS DEFINED BY PARAGRAPH FOURTEEN-A OF SUBDIVI-
SION A OF SECTION 27-2004 OF THIS SUBCHAPTER, AND RENTS SUCH UNIT OUT TO
GUESTS  FOR  FEWER  THAN  THIRTY CONSECUTIVE DAYS MUST REGISTER WITH THE
CITY FOR EVERY BUILDING WHEREIN THE INDIVIDUAL HAS A  SHORT-TERM  RENTAL
UNIT  OR  UNITS  LOCATED. THE REGISTRATION SHALL INCLUDE THE LOCATION OF
THE VACATION RENTAL UNIT, THE TOTAL NUMBER OF  SLEEPING  ROOMS  AND  THE
NAME AND ADDRESS OF A LOCAL CONTACT PERSON.
  S  27-2004.2  REGISTRATION  FEE.  THE  REGISTRATION  FEE  SHALL BE TWO
HUNDRED DOLLARS.
  S 27-2004.3 STANDARD OF OPERATION. EACH REGISTRATION SHALL CONTAIN  AN
ATTESTATION THAT THE INDIVIDUAL WILL COMPLY WITH A STANDARD OF OPERATION
THAT INCLUDES:
  1.  GUEST REGISTRATION RECORDS FOR EACH UNIT MUST BE MAINTAINED, WHICH
CONTAIN THE FOLLOWING INFORMATION ABOUT EACH GUEST:  THE  GUEST'S  NAME,
ADDRESS,  AND  DATES OF ACCOMMODATION. THE REGISTRATION RECORDS SHALL BE
KEPT ON FILE FOR THREE YEARS AND MADE AVAILABLE FOR INSPECTION.

S. 4263--B                          5

  2. NO ILLEGAL ACTIVITY OR PUBLIC NUISANCE SHALL  BE  ALLOWED  TO  TAKE
PLACE IN THE UNIT.
  3.  THE  MAXIMUM  NUMBER OF GUESTS IN A UNIT SHALL BE NO MORE THAN ONE
PERSON PER ONE HUNDRED SQUARE FEET OF FLOOR AREA. THE OCCUPANCY  LIMITA-
TIONS SET FORTH IN THIS SUBDIVISION ARE ABSOLUTE MAXIMUMS, AND THE ACTU-
AL  ALLOWED  CAPACITY SHALL BE BASED ON THE APPLICABLE PROVISIONS OF THE
BUILDING CODE.  NOTICE OF THESE REQUIREMENTS SHALL BE  PROVIDED  TO  ALL
GUESTS.
  4.  THE  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.
  5. THE NAME AND PHONE NUMBER OF A LOCAL CONTACT PERSON  AND  PROOF  OF
REGISTRATION SHALL BE POSTED IN A CONSPICUOUS PLACE NEAR THE ENTRANCE OF
THE UNIT.
  6.  WHERE  A SHORT-TERM 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 OR ARTICLE FOUR OF THE MULTIPLE DWELLING LAW,
REGISTRATION  OF  THE UNIT, AND ANY OTHER SHORT-TERM RENTAL UNITS REGIS-
TERED BY THE INDIVIDUAL IN THE SAME BUILDING, SHALL BE REVOKED.
  S 27-2004.4 VIOLATIONS. 1. ANY INDIVIDUAL WHO IS FOUND BY THE  DEPART-
MENT  TO  HAVE VIOLATED ANY REQUIREMENTS OF CLAUSE THREE OF SUBPARAGRAPH
(A) OF PARAGRAPH EIGHT OF SUBDIVISION A OF SECTION 27-2004 OF THIS CHAP-
TER WITH RESPECT TO USE AND OPERATION OF A SHORT-TERM RENTAL UNIT, SHALL
BE SUBJECT TO A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS AND NOT  MORE
THAN TWO THOUSAND DOLLARS.
  2.  ANY  INDIVIDUAL  THAT  OPERATES WITHOUT REGISTERING AS REQUIRED BY
THIS ARTICLE SHALL BE SUBJECT TO A FINE OF NOT LESS  THAN  ONE  THOUSAND
DOLLARS AND NOT MORE THAN TWO THOUSAND DOLLARS.
  3. ANY INDIVIDUAL WHO MAKES ANY FALSE, MISLEADING OR FRAUDULENT STATE-
MENT  OR  MISREPRESENTS ANY FACT ON THE REGISTRATION, OR USES ANY SCHEME
FOR THE PURPOSE OF EVADING ANY  PROVISION  OF  THIS  ARTICLE,  SHALL  BE
SUBJECT  TO  A  FINE  OF NOT LESS THAN ONE THOUSAND DOLLARS AND NOT MORE
THAN TWO THOUSAND DOLLARS.
  S 7. This act shall take effect immediately.

Co-Sponsors

S4263C (ACTIVE) - Bill Details

Current Committee:
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

S4263C (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S4263C

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 (less than 30 days). 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 is
targeted to help a group of individuals that use certain class A
multiple dwelling units on a short term basis, thereby providing tax
revenue and tourism dollars to the state and city. Further, the
regulatory paradigm created by this proposal would help tremendously
with the enforcement issues surrounding illegal hotels. It Would
become extremely difficult for bad actors and large illegal hotels to
operate under the requirements and registration process laid out in
this legislation.

SUMMARY OF PROVISIONS:

Section 1 of the bill would add a new article 7-D to the multiple
dwelling law, creating a short-term rental registration process.
Under the registration process, the individual would register with
New York City Department of Buildings for a fee of $200 per unit and
attest to a standard of operation that guest registration records
will be kept, no illegal activity or public nuisance will be
permitted, occupancy limits will be followed, Cleaning procedures
will be conducted between guests, and the name of a local Contact
person shall be provided to guests. Two complaints that lead to
violations will automatically cause a revocation of the registration.

Section 2 of the bill amends section 4 of the multiple dwelling law. A
new subparagraph 3 would allow for owner-occupied brownstones with 4
or less units to provide short-term rentals. A new subparagraph 4
adds requirements to certain short-term rental units in other class A
multiple dwellings. Such requirements include:

o Not an SRO
o Contain a bathroom and kitchen
o Guests receive notice of evacuation diagram
o Smoke detectors are located in each room
o Sufficient liability
insurance to cover guests (this is something to be more specific on)
o Expressly carves out rent stabilized units/rent controlled and
other subsidized housing
o Specific occupancy/hotel taxes required


o Registration required unless unit is used for less than 30 days per
calendar year

Section 3 of the bill amends section 4 of the multiple dwelling law to
add a new subdivision l5-a that would define "short-term rental unit".

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 SROs, it also
is ridding New York State of a legitimate business model: short term
rental units used by tourists, hospital patients and business guests.
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. These units should also
not be confused with the illegal hotels hotels that often contain
subdivided units and an excess-occupancy such that fire and safety
codes are not complied with. Short-term rentals are a growing
industry for travelers and the only way for the City to ensure the
safety of guests and permanent residents alike is to properly
regulate the industry.
This legislation is written to expressly exclude rent stabilized and
rent controlled units and to protect the public. While one can
certainly find examples of municipalities and 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 immediately.

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

                                 4263--C
    Cal. No. 129

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 25, 2011
                               ___________

Introduced  by Sens. GOLDEN, GRISANTI -- 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  commit-
  tee  --  recommitted  to  the  Committee  on Housing, Construction and
  Community Development in accordance with Senate  Rule  6,  sec.  8  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading -- again amended and
  ordered reprinted, retaining its place in the order of third reading

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.  The multiple dwelling law is amended by adding a new arti-
cle 7-D to read as follows:
                               ARTICLE 7-D
                           SHORT-TERM RENTALS
SECTION 288. REGISTRATION REQUIRED.
        289. REGISTRATION FEE.
        290. STANDARD OF OPERATION.
        291. VIOLATIONS.
  S  288.  REGISTRATION  REQUIRED.  ANY INDIVIDUAL THAT OWNS OR LEASES A
SHORT-TERM RENTAL UNIT, AS DEFINED BY SUBDIVISION FIFTEEN-A  OF  SECTION
FOUR  OF  THIS CHAPTER, AND RENTS SUCH UNIT OUT TO GUESTS FOR FEWER THAN
THIRTY CONSECUTIVE DAYS MUST REGISTER THE  UNIT  USED  AS  A  SHORT-TERM
RENTAL.    THIS  REGISTRATION  REQUIREMENT DOES NOT APPLY TO THOSE UNITS
WHICH ARE PROVIDED AS SHORT-TERM RENTALS FOR LESS THAN THIRTY  DAYS  PER
CALENDAR  YEAR.  THE  REGISTRATION  SHALL  INCLUDE  THE  LOCATION OF THE
SHORT-TERM RENTAL UNIT OR UNITS, THE TOTAL NUMBER OF SLEEPING  ROOMS  IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10513-12-2

S. 4263--C                          2

THE  UNIT  OR  UNITS, AND THE NAME AND ADDRESS OF A LOCAL CONTACT PERSON
FOR THE UNIT OR UNITS. IT SHALL BE UNLAWFUL FOR ANY INDIVIDUAL WHO  OWNS
OR  LEASES  A  SHORT-TERM RENTAL TO REGISTER MORE THAN THIRTY SHORT-TERM
RENTAL UNITS.
  S  289.  REGISTRATION  FEE.  THE REGISTRATION FEE SHALL BE TWO HUNDRED
DOLLARS PER UNIT.
  S 290. STANDARD OF  OPERATION.  EACH  REGISTRATION  SHALL  CONTAIN  AN
ATTESTATION THAT THE INDIVIDUAL WILL COMPLY WITH A STANDARD OF OPERATION
THAT INCLUDES:
  1.  GUEST REGISTRATION RECORDS FOR EACH UNIT MUST BE MAINTAINED, WHICH
CONTAIN THE FOLLOWING INFORMATION ABOUT EACH GUEST:  THE  GUEST'S  NAME,
ADDRESS,  AND  DATES OF ACCOMMODATION. THE REGISTRATION RECORDS SHALL BE
KEPT ON FILE FOR THREE YEARS AND MADE AVAILABLE FOR INSPECTION.
  2. NO ILLEGAL ACTIVITY OR PUBLIC NUISANCE SHALL  BE  ALLOWED  TO  TAKE
PLACE IN THE UNIT.
  3.  THE  MAXIMUM  NUMBER OF GUESTS IN A UNIT SHALL BE NO MORE THAN ONE
PERSON PER ONE HUNDRED SQUARE FEET OF FLOOR AREA. THE OCCUPANCY  LIMITA-
TIONS SET FORTH IN THIS SUBDIVISION ARE ABSOLUTE MAXIMUMS, AND THE ACTU-
AL  ALLOWED  CAPACITY SHALL BE BASED ON THE APPLICABLE PROVISIONS OF THE
BUILDING CODE.  NOTICE OF THESE REQUIREMENTS SHALL BE  PROVIDED  TO  ALL
GUESTS.
  4.  THE  UNIT  SHALL  BE  CLEANED AND SANITIZED BETWEEN GUESTS AND ALL
PERISHABLE FOOD, BEVERAGES AND ALCOHOL SHALL BE THROWN OUT. ALL  DISHES,
UTENSILS,  POTS,  PANS  AND  OTHER COOKING UTENSILS SHALL BE CLEANED AND
SANITIZED BETWEEN GUESTS.
  5. THE NAME AND PHONE NUMBER OF A LOCAL CONTACT PERSON  AND  PROOF  OF
REGISTRATION SHALL BE POSTED IN A CONSPICUOUS PLACE NEAR THE ENTRANCE OF
THE UNIT.
  6.  WHERE  A SHORT-TERM 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,  REGISTRATION  OF THE UNIT, AND ANY OTHER
SHORT-TERM RENTAL UNITS REGISTERED BY THE INDIVIDUAL IN THE SAME  BUILD-
ING, SHALL BE REVOKED.
  S 291. VIOLATIONS. 1. ANY INDIVIDUAL WHO IS FOUND BY THE DEPARTMENT TO
HAVE  VIOLATED  ANY  REQUIREMENTS OF SUBPARAGRAPH FOUR OF PARAGRAPH A OF
SUBDIVISION EIGHT OF SECTION FOUR OF THIS CHAPTER WITH  RESPECT  TO  USE
AND OPERATION OF A SHORT-TERM RENTAL UNIT, SHALL BE SUBJECT TO A FINE OF
NOT  LESS  THAN  ONE  THOUSAND  DOLLARS  AND  NOT MORE THAN TWO THOUSAND
DOLLARS.
  2. ANY INDIVIDUAL THAT OPERATES WITHOUT  REGISTERING  AS  REQUIRED  BY
THIS  ARTICLE  SHALL  BE SUBJECT TO A FINE OF NOT LESS THAN ONE THOUSAND
DOLLARS AND NOT MORE THAN TWO THOUSAND DOLLARS.
  3. ANY INDIVIDUAL WHO MAKES ANY FALSE, MISLEADING OR FRAUDULENT STATE-
MENT OR MISREPRESENTS ANY FACT ON THE REGISTRATION, OR USES  ANY  SCHEME
FOR  THE  PURPOSE  OF  EVADING  ANY  PROVISION OF THIS ARTICLE, SHALL BE
SUBJECT TO A FINE OF NOT LESS THAN ONE THOUSAND  DOLLARS  AND  NOT  MORE
THAN TWO THOUSAND DOLLARS.
  S  2. Paragraph a of subdivision 8 of section 4 of the multiple dwell-
ing law is amended by adding two new subparagraphs 3 and 4  to  read  as
follows:
  (3) IN A CLASS A MULTIPLE DWELLING BUILDING OF FOUR OR LESS UNITS, THE
USE  OF A UNIT FOR OCCUPANCY OF FEWER THAN THIRTY CONSECUTIVE DAYS SHALL
NOT BE INCONSISTENT WITH THE OCCUPANCY OF  SUCH  MULTIPLE  DWELLING  FOR
PERMANENT RESIDENCE PURPOSES IF THE BUILDING IS OCCUPIED BY ITS OWNER.
  (4)  IN  A  CLASS  A MULTIPLE DWELLING, THE USE OF A SHORT-TERM RENTAL
UNIT FOR OCCUPANCY OF FEWER THAN THIRTY CONSECUTIVE DAYS  SHALL  NOT  BE

S. 4263--C                          3

INCONSISTENT  WITH THE OCCUPANCY OF SUCH MULTIPLE DWELLING FOR PERMANENT
RESIDENCE 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) SUCH DWELLING UNIT PROVIDES FOR AN EVACUATION DIAGRAM  IDENTIFYING
ALL  MEANS  OF  EGRESS FROM THE VACATION RENTAL UNIT AND THE BUILDING IN
WHICH IT IS LOCATED. SUCH  EVACUATION  DIAGRAM  SHALL  BE  POSTED  IN  A
CONSPICUOUS  PLACE  ON  THE INSIDE ENTRANCE DOOR OF EACH VACATION RENTAL
UNIT;
  (D) SUCH DWELLING UNIT CONTAINS WORKING  SMOKE  DETECTORS  LOCATED  IN
EACH ROOM OF THE UNIT;
  (E)  SUCH  DWELLING  UNIT  HAS  SUFFICIENT FIRE, HAZARD, AND LIABILITY
INSURANCE TO COVER THOSE PERSONS USING THE UNIT FOR SUCH OCCUPANCY;
  (F) ALL COMPENSATION RECEIVED FOR RENT, OR FOR HIRE, FOR SUCH DWELLING
UNIT, SHALL BE SUBJECT TO ALL APPROPRIATE TAXES AND FEES, INCLUDING, BUT
NOT LIMITED TO, TAXES AND FEES IMPOSED BY SECTIONS 1104, 1105, 1107  AND
1109  OF  THE  TAX LAW, AND SECTION 11-702 OF THE ADMINISTRATIVE CODE OF
THE CITY OF NEW YORK;
  (G) SUCH DWELLING UNIT IS NOT CURRENTLY SUBJECT TO RENT CONTROL  UNDER
CHAPTER THREE OF TITLE TWENTY-SIX OF THE ADMINISTRATIVE CODE OF THE CITY
OF NEW YORK OR RENT STABILIZATION UNDER CHAPTER FOUR OF TITLE TWENTY-SIX
OF  THE  ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, NOR DOES THE OWNER
OF THE CLASS A MULTIPLE DWELLING BUILDING IN WHICH THE UNIT IS  LOCATED,
RECEIVE  A  TAX  EXEMPTION,  CREDIT,  REDUCTION  OR REFUND PURSUANT TO A
PUBLIC HOUSING OR AFFORDABLE HOUSING; AND
  (H) THE OWNER OR LEASEHOLDER OF SUCH DWELLING UNIT IS REGISTERED  WITH
THE  CITY  IN  ACCORDANCE WITH THE PROVISIONS OF ARTICLE SEVEN-D OF THIS
CHAPTER EXCEPT WHERE SUCH UNIT IS PROVIDED AS A  SHORT-TERM  RENTAL  FOR
LESS THAN THIRTY DAYS PER CALENDAR YEAR.
  S 3. Section 4 of the multiple dwelling law is amended by adding a new
subdivision 15-a to read as follows:
  15-A.  "SHORT-TERM  RENTAL  UNIT"  IS A CLASS A MULTIPLE DWELLING UNIT
THAT IS AVAILABLE FOR RENT, OR FOR HIRE, FOR LESS THAN  THIRTY  DAYS  BY
GUESTS.
  S  4. 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
                           SHORT-TERM RENTALS
SECTION 27-2004.1 REGISTRATION REQUIRED.
        27-2004.2 REGISTRATION FEE.
        27-2004.3 STANDARD OF OPERATION.
        27-2004.4 VIOLATIONS.
  S  27-2004.1 REGISTRATION REQUIRED. ANY INDIVIDUAL THAT OWNS OR LEASES
A SHORT-TERM RENTAL UNIT, AS DEFINED BY PARAGRAPH FOURTEEN-A OF SUBDIVI-
SION A OF SECTION 27-2004 OF THIS SUBCHAPTER, AND RENTS SUCH UNIT OUT TO
GUESTS FOR FEWER THAN THIRTY CONSECUTIVE DAYS MUST  REGISTER  FOR  EVERY
UNIT USED AS A SHORT-TERM RENTAL. THIS REGISTRATION REQUIREMENT DOES NOT
APPLY  TO  THOSE UNITS WHICH ARE PROVIDED AS SHORT-TERM RENTALS FOR LESS
THAN THIRTY DAYS PER CALENDAR YEAR. THE REGISTRATION SHALL  INCLUDE  THE
LOCATION  OF  THE  SHORT-TERM  RENTAL UNIT OR UNITS, THE TOTAL NUMBER OF
SLEEPING ROOMS IN THE UNIT OR UNITS, AND THE NAME AND ADDRESS OF A LOCAL
CONTACT PERSON FOR THE UNIT OR UNITS. IT SHALL BE UNLAWFUL FOR ANY INDI-
VIDUAL WHO OWNS OR LEASES A SHORT-TERM  RENTAL  TO  REGISTER  MORE  THAN
THIRTY SHORT-TERM RENTAL UNITS.

S. 4263--C                          4

  S  27-2004.2  REGISTRATION  FEE.  THE  REGISTRATION  FEE  SHALL BE TWO
HUNDRED DOLLARS PER UNIT.
  S  27-2004.3 STANDARD OF OPERATION. EACH REGISTRATION SHALL CONTAIN AN
ATTESTATION THAT THE INDIVIDUAL WILL COMPLY WITH A STANDARD OF OPERATION
THAT INCLUDES:
  1. GUEST REGISTRATION RECORDS FOR EACH UNIT MUST BE MAINTAINED,  WHICH
CONTAIN  THE  FOLLOWING  INFORMATION ABOUT EACH GUEST: THE GUEST'S NAME,
ADDRESS, AND DATES OF ACCOMMODATION. THE REGISTRATION RECORDS  SHALL  BE
KEPT ON FILE FOR THREE YEARS AND MADE AVAILABLE FOR INSPECTION.
  2.  NO  ILLEGAL  ACTIVITY  OR PUBLIC NUISANCE SHALL BE ALLOWED TO TAKE
PLACE IN THE UNIT.
  3. THE MAXIMUM NUMBER OF GUESTS IN A UNIT SHALL BE NO  MORE  THAN  ONE
PERSON  PER ONE HUNDRED SQUARE FEET OF FLOOR AREA. THE OCCUPANCY LIMITA-
TIONS SET FORTH IN THIS SUBDIVISION ARE ABSOLUTE MAXIMUMS, AND THE ACTU-
AL ALLOWED CAPACITY SHALL BE BASED ON THE APPLICABLE PROVISIONS  OF  THE
BUILDING  CODE.    NOTICE OF THESE REQUIREMENTS SHALL BE PROVIDED TO ALL
GUESTS.
  4. THE UNIT SHALL BE CLEANED AND  SANITIZED  BETWEEN  GUESTS  AND  ALL
PERISHABLE  FOOD, BEVERAGES AND ALCOHOL SHALL BE THROWN OUT. ALL DISHES,
UTENSILS, POTS, PANS AND OTHER COOKING UTENSILS  SHALL  BE  CLEANED  AND
SANITIZED BETWEEN GUESTS.
  5.  THE  NAME  AND PHONE NUMBER OF A LOCAL CONTACT PERSON AND PROOF OF
REGISTRATION SHALL BE POSTED IN A CONSPICUOUS PLACE NEAR THE ENTRANCE OF
THE UNIT.
  6. WHERE A SHORT-TERM 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, REGISTRATION OF  THE  UNIT,  AND  ANY  OTHER
SHORT-TERM  RENTAL UNITS REGISTERED BY THE INDIVIDUAL IN THE SAME BUILD-
ING, SHALL BE REVOKED.
  S 27-2004.4 VIOLATIONS. 1. ANY INDIVIDUAL WHO IS FOUND BY THE  DEPART-
MENT  TO  HAVE  VIOLATED ANY REQUIREMENTS OF CLAUSE FOUR OF SUBPARAGRAPH
(A) OF PARAGRAPH EIGHT OF SUBDIVISION A OF SECTION 27-2004 OF THIS CHAP-
TER WITH RESPECT TO USE AND OPERATION OF A SHORT-TERM RENTAL UNIT, SHALL
BE SUBJECT TO A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS AND NOT  MORE
THAN TWO THOUSAND DOLLARS.
  2.  ANY  INDIVIDUAL  THAT  OPERATES WITHOUT REGISTERING AS REQUIRED BY
THIS ARTICLE SHALL BE SUBJECT TO A FINE OF NOT LESS  THAN  ONE  THOUSAND
DOLLARS AND NOT MORE THAN TWO THOUSAND DOLLARS.
  3. ANY INDIVIDUAL WHO MAKES ANY FALSE, MISLEADING OR FRAUDULENT STATE-
MENT  OR  MISREPRESENTS ANY FACT ON THE REGISTRATION, OR USES ANY SCHEME
FOR THE PURPOSE OF EVADING ANY  PROVISION  OF  THIS  ARTICLE,  SHALL  BE
SUBJECT  TO  A  FINE  OF NOT LESS THAN ONE THOUSAND DOLLARS AND NOT MORE
THAN TWO THOUSAND DOLLARS.
  S 5. 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 two new clauses 3 and 4 to read as follows:
  (3) IN A CLASS A MULTIPLE DWELLING BUILDING OF FOUR OR LESS UNITS, THE
USE  OF A UNIT FOR OCCUPANCY OF FEWER THAN THIRTY CONSECUTIVE DAYS SHALL
NOT BE INCONSISTENT WITH THE OCCUPANCY OF  SUCH  MULTIPLE  DWELLING  FOR
PERMANENT RESIDENCE PURPOSES IF THE BUILDING IS OCCUPIED BY ITS OWNER.
  (4)  IN  A  CLASS  A MULTIPLE DWELLING, THE USE OF A SHORT-TERM RENTAL
UNIT FOR OCCUPANCY OF FEWER THAN THIRTY CONSECUTIVE DAYS  SHALL  NOT  BE
INCONSISTENT  WITH THE OCCUPANCY OF SUCH MULTIPLE DWELLING FOR PERMANENT
RESIDENCE PURPOSES IF:
  (A) SUCH DWELLING UNIT DOES  NOT  PROVIDE  SINGLE  ROOM  OCCUPANCY  AS
DEFINED BY SUBDIVISION SEVENTEEN OF THIS SECTION;

S. 4263--C                          5

  (B) SUCH DWELLING UNIT CONTAINS A BATHROOM AND A KITCHEN;
  (C)  SUCH DWELLING UNIT PROVIDES FOR AN EVACUATION DIAGRAM IDENTIFYING
ALL MEANS OF EGRESS FROM THE VACATION RENTAL UNIT AND  THE  BUILDING  IN
WHICH  IT  IS  LOCATED.  SUCH  EVACUATION  DIAGRAM  SHALL BE POSTED IN A
CONSPICUOUS PLACE ON THE INSIDE ENTRANCE DOOR OF  EACH  VACATION  RENTAL
UNIT;
  (D)  SUCH  DWELLING  UNIT  CONTAINS WORKING SMOKE DETECTORS LOCATED IN
EACH ROOM OF THE UNIT;
  (E) SUCH DWELLING UNIT HAS  SUFFICIENT  FIRE,  HAZARD,  AND  LIABILITY
INSURANCE TO COVER THOSE PERSONS USING THE UNIT FOR SUCH OCCUPANCY;
  (F) ALL COMPENSATION RECEIVED FOR RENT, OR FOR HIRE, FOR SUCH DWELLING
UNIT, SHALL BE SUBJECT TO ALL APPROPRIATE TAXES AND FEES, INCLUDING, BUT
NOT  LIMITED  TO,  TAXES  AND FEES IMPOSED BY SECTIONS 1104, 1105, 1107,
1109 OF PART TWO OF ARTICLE TWENTY-EIGHT OF THE  TAX  LAW,  AND  SECTION
11-702  OF  CHAPTER  SEVEN OF TITLE ELEVEN OF THE ADMINISTRATIVE CODE OF
THE CITY OF NEW YORK;
  (G) SUCH DWELLING UNIT IS NOT CURRENTLY SUBJECT TO RENT CONTROL  UNDER
CHAPTER THREE OF TITLE TWENTY-SIX OF THE ADMINISTRATIVE CODE OF THE CITY
OF NEW YORK OR RENT STABILIZATION UNDER CHAPTER FOUR OF TITLE TWENTY-SIX
OF  THE  ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, NOR DOES THE OWNER
OF THE CLASS A MULTIPLE DWELLING BUILDING IN WHICH THE UNIT IS  LOCATED,
RECEIVE  A  TAX  EXEMPTION,  CREDIT,  REDUCTION  OR REFUND PURSUANT TO A
PUBLIC HOUSING OR AFFORDABLE HOUSING; AND
  (H) THE OWNER OR LEASEHOLDER OF SUCH DWELLING UNIT IS REGISTERED  WITH
THE  CITY  IN  ACCORDANCE  WITH  THE  PROVISIONS  OF ARTICLE TWO OF THIS
SUBCHAPTER EXCEPT WHERE SUCH UNIT IS PROVIDED AS A SHORT-TERM RENTAL FOR
LESS THAN THIRTY DAYS PER CALENDAR YEAR.
  S 6. 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. SHORT-TERM RENTAL UNIT IS A CLASS A MULTIPLE DWELLING UNIT  THAT
IS AVAILABLE FOR RENT, OR FOR HIRE, FOR LESS THAN THIRTY DAYS BY GUESTS.
  S 7. This act shall take effect immediately.

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