Assembly Bill A10483C

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

                                  10483

                          I N  A S S E M B L Y

                              May 29, 2012
                               ___________

Introduced  by  M.  of  A. BROOK-KRASNY -- read once and referred to the
  Committee on Housing

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;
  (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

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

                                                           LBD10513-07-2

A. 10483                            2

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,
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.

A. 10483                            3

  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
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,

A. 10483                            4

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.
  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.

A. 10483                            5

  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.

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

                                10483--A

                          I N  A S S E M B L Y

                              May 29, 2012
                               ___________

Introduced  by  M.  of  A. BROOK-KRASNY -- read once and referred to the
  Committee on Housing -- 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 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;
  (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

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

                                                           LBD10513-08-2

A. 10483--A                         2

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
EXCEPT WHERE SUCH UNIT IS PROVIDED AS A SHORT-TERM RENTAL FOR LESS  THAN
THIRTY DAYS PER CALENDAR YEAR IN WHICH CASE NO REGISTRATION IS REQUIRED.
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,
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

A. 10483--A                         3

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 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
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

A. 10483--A                         4

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.
  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.

A. 10483--A                         5

  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.

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

                                10483--B

                          I N  A S S E M B L Y

                              May 29, 2012
                               ___________

Introduced  by  M.  of  A. BROOK-KRASNY -- read once and referred to the
  Committee on Housing -- committee discharged,  bill  amended,  ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  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.  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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10513-11-2

              

A. 10483--B                         2

  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 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 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
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;

A. 10483--B                         3

  (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 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:

A. 10483--B                         4

  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 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  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;
  (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

A. 10483--B                         5

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.