Assembly Bill A8704

Signed By Governor

2015-2016 Legislative Session

Relates to prohibiting advertising for the use of dwelling units in a class A multiple dwelling

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 21, 2016	signed chap.396
Oct 18, 2016	delivered to governor
Jun 17, 2016	returned to assembly passed senate 3rd reading cal.1964 substituted for s6340a referred to rules delivered to senate passed assembly
Jun 16, 2016	ordered to third reading rules cal.446 rules report cal.446 reported
Jun 15, 2016	reported referred to rules
Jun 10, 2016	print number 8704c
Jun 10, 2016	amend (t) and recommit to codes
May 17, 2016	reported referred to codes
Apr 22, 2016	print number 8704b
Apr 22, 2016	amend and recommit to housing
Feb 23, 2016	print number 8704a
Feb 23, 2016	amend and recommit to housing
Jan 13, 2016	referred to housing

Votes

- Jun 17, 2016 - Floor Vote
  A8704
  
  Aye
  
  56
  
  Nay
  
  6
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Floor Vote: Jun 17, 2016
      
      aye (56)
      
      Addabbo Jr.
      
      Akshar
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Martins
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (6)
      
      Amedore
      
      Farley
      
      Marchione
      
      Montgomery
      
      Ranzenhofer
      
      Seward
      
      excused (1)
      
      Diaz

Bill Amendments

Original

C (Active)

2015-A8704 - Details

Law Section:: Multiple Dwelling Law
Laws Affected:: Add §121, Mult Dwell L; add Art 18 §27-287.1, NYC Ad Cd; add §226-c, RP L

2015-A8704 - Summary

Relates to prohibiting advertising for the use of dwelling units in a class A multiple dwelling.

2015-A8704 - Bill Text download pdf

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

                                  8704

                          I N  A S S E M B L Y

                            January 13, 2016
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  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  prohibiting  advertising  that
  promotes  the use of dwelling units in a class A multiple dwelling for
  other than permanent residence purposes; and to amend the real proper-
  ty law, in relation to requiring  that  landlords  provide  notice  to
  tenants  of  the  consequences of advertising a rental unit for use on
  short term rental websites

  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
section 121 to read as follows:
  S 121. PROHIBITING ADVERTISING THAT PROMOTES THE USE OF DWELLING UNITS
IN A CLASS A  MULTIPLE  DWELLING  FOR  OTHER  THAN  PERMANENT  RESIDENCE
PURPOSES.  1.  IT  SHALL  BE  UNLAWFUL  TO ADVERTISE OCCUPANCY OR USE OF
DWELLING UNITS IN A CLASS A MULTIPLE DWELLING FOR OTHER  THAN  PERMANENT
RESIDENCE PURPOSES.
  2. ANY PERSON FOUND TO HAVE VIOLATED THE PROVISIONS OF SUBDIVISION ONE
OF THIS SECTION SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT MORE THAN TWO
THOUSAND  FIVE  HUNDRED  DOLLARS  FOR THE FIRST VIOLATION, FIVE THOUSAND
DOLLARS FOR THE SECOND VIOLATION AND SEVEN THOUSAND FIVE HUNDRED DOLLARS
FOR THE THIRD AND SUBSEQUENT VIOLATIONS.
  3. FOR THE PURPOSES OF THIS SECTION, THE TERM "ADVERTISE"  SHALL  MEAN
ANY  FORM  OF  COMMUNICATION  FOR  MARKETING  THAT IS USED TO ENCOURAGE,
PERSUADE OR MANIPULATE VIEWERS, READERS OR  LISTENERS  INTO  CONTRACTING
FOR GOODS AND/OR SERVICES AS MAY BE VIEWED THROUGH VARIOUS MEDIA INCLUD-
ING, BUT NOT LIMITED TO, NEWSPAPERS, MAGAZINES, FLYERS, HANDBILLS, TELE-
VISION  COMMERCIALS,  RADIO,  SIGNAGE,  DIRECT  MAIL,  WEBSITES  OR TEXT
MESSAGES.
  S 2. Subchapter 3 of chapter 1 of title 27 of the administrative  code
of the city of New York is amended by adding a new article 18 to read as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13144-02-5

A. 8704                             2

                                ARTICLE 18
             UNLAWFUL ADVERTISEMENT FOR CERTAIN OCCUPANCIES
  S 27-287.1 UNLAWFUL ADVERTISEMENT FOR CERTAIN OCCUPANCIES. 1. IT SHALL
BE UNLAWFUL TO ADVERTISE OCCUPANCY OR USE OF DWELLING UNITS IN A CLASS A
MULTIPLE DWELLING FOR OTHER THAN PERMANENT RESIDENCE PURPOSES.
  2. ANY PERSON FOUND TO HAVE VIOLATED THE PROVISIONS OF SUBDIVISION ONE
OF THIS SECTION SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT MORE THAN TWO
THOUSAND  FIVE  HUNDRED  DOLLARS  FOR THE FIRST VIOLATION, FIVE THOUSAND
DOLLARS FOR THE SECOND VIOLATION AND SEVEN THOUSAND FIVE HUNDRED DOLLARS
FOR THE THIRD AND SUBSEQUENT VIOLATIONS.
  3. FOR THE PURPOSES OF THIS SECTION THE TERM  "ADVERTISE"  SHALL  MEAN
ANY  FORM  OF  COMMUNICATION  FOR  MARKETING  THAT IS USED TO ENCOURAGE,
PERSUADE OR MANIPULATE VIEWERS, READERS OR  LISTENERS  INTO  CONTRACTING
FOR GOODS AND/OR SERVICES AS MAY BE VIEWED THROUGH VARIOUS MEDIA INCLUD-
ING, BUT NOT LIMITED TO, NEWSPAPERS, MAGAZINES, FLYERS, HANDBILLS, TELE-
VISION  COMMERCIALS,  RADIO,  SIGNAGE,  DIRECT  MAIL,  WEBSITES  OR TEXT
MESSAGES.
  S 3. The real property law is amended by adding a new section 226-c to
read as follows:
  S  226-C.  NOTICE  REGARDING  ADVERTISEMENTS  ON  SHORT  TERM   RENTAL
WEBSITES.    1. THE LANDLORD IS REQUIRED TO PROVIDE NOTICE TO TENANTS ON
ALL ANNUAL AND BIANNUAL LEASE RENEWALS THAT OFFERING OR ADVERTISING  THE
RENTAL  UNIT  ON  A  SHORT  TERM RENTAL WEBSITE MAY BE PROHIBITED IF THE
RENTAL UNIT IS A CLASS A MULTIPLE DWELLING, AS DEFINED IN PARAGRAPH A OF
SUBDIVISION EIGHT OF SECTION FOUR OF THE MULTIPLE DWELLING LAW, AND THAT
SUCH OFFERING OR ADVERTISING MAY VIOLATE THE TERMS OF THE  LEASE  AGREE-
MENT.
  2.  SUCH NOTICES PROVIDED BY THE LANDLORD SHOULD ENCOURAGE TENANTS WHO
WISH TO OFFER OR ADVERTISE THE  RENTAL  UNIT  ON  A  SHORT  TERM  RENTAL
WEBSITE  TO  CONTACT  THE  PROPERTY  AUTHORITIES PRIOR TO UTILIZING SUCH
SHORT TERM RENTAL WEBSITES.
  S 4. This act shall take effect immediately; provided,  however,  that
section  three  of this act shall take effect on the ninetieth day after
it shall have become a law.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2015-A8704A - Details

Law Section:: Multiple Dwelling Law
Laws Affected:: Add §121, Mult Dwell L; add Art 18 §27-287.1, NYC Ad Cd; add §226-c, RP L

2015-A8704A - Summary

Relates to prohibiting advertising for the use of dwelling units in a class A multiple dwelling.

2015-A8704A - Bill Text download pdf

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

                                 8704--A

                          I N  A S S E M B L Y

                            January 13, 2016
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  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 prohibiting advertising that
  promotes the use of dwelling units in a class A multiple dwelling  for
  other than permanent residence purposes; and to amend the real proper-
  ty  law,  in  relation  to  requiring that landlords provide notice to
  tenants of the consequences of advertising a rental unit  for  use  on
  short term rental websites

  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
section 121 to read as follows:
  S 121. PROHIBITING ADVERTISING THAT PROMOTES THE USE OF DWELLING UNITS
IN  A  CLASS  A  MULTIPLE  DWELLING  FOR  OTHER THAN PERMANENT RESIDENCE
PURPOSES. 1. IT SHALL BE UNLAWFUL  TO  ADVERTISE  OCCUPANCY  OR  USE  OF
DWELLING  UNITS  IN A CLASS A MULTIPLE DWELLING FOR OCCUPANCY THAT WOULD
VIOLATE SUBDIVISION EIGHT OF SECTION FOUR OF  THIS  CHAPTER  DEFINING  A
"CLASS  A" MULTIPLE DWELLING AS A MULTIPLE DWELLING THAT IS OCCUPIED FOR
PERMANENT RESIDENCE PURPOSES.
  2. ANY PERSON FOUND TO HAVE VIOLATED THE PROVISIONS OF SUBDIVISION ONE
OF THIS SECTION SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT MORE THAN ONE
THOUSAND DOLLARS FOR THE FIRST VIOLATION, FIVE THOUSAND DOLLARS FOR  THE
SECOND  VIOLATION  AND SEVEN THOUSAND FIVE HUNDRED DOLLARS FOR THE THIRD
AND SUBSEQUENT VIOLATIONS.
  3. FOR THE PURPOSES OF THIS SECTION, THE TERM "ADVERTISE"  SHALL  MEAN
ANY  FORM  OF  COMMUNICATION  FOR  MARKETING  THAT IS USED TO ENCOURAGE,
PERSUADE OR MANIPULATE VIEWERS, READERS OR  LISTENERS  INTO  CONTRACTING
FOR GOODS AND/OR SERVICES AS MAY BE VIEWED THROUGH VARIOUS MEDIA INCLUD-
ING, BUT NOT LIMITED TO, NEWSPAPERS, MAGAZINES, FLYERS, HANDBILLS, TELE-
VISION  COMMERCIALS,  RADIO,  SIGNAGE,  DIRECT  MAIL,  WEBSITES  OR TEXT
MESSAGES.
  S 2. Subchapter 3 of chapter 1 of title 27 of the administrative  code
of the city of New York is amended by adding a new article 18 to read as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13144-03-6

A. 8704--A                          2

                               ARTICLE 18
             UNLAWFUL ADVERTISEMENT FOR CERTAIN OCCUPANCIES
  S 27-287.1 UNLAWFUL ADVERTISEMENT FOR CERTAIN OCCUPANCIES. 1. IT SHALL
BE UNLAWFUL TO ADVERTISE OCCUPANCY OR USE OF DWELLING UNITS IN A CLASS A
MULTIPLE  DWELLING FOR OCCUPANCY THAT WOULD VIOLATE SUBDIVISION EIGHT OF
SECTION FOUR OF THE MULTIPLE DWELLING LAW DEFINING A "CLASS A"  MULTIPLE
DWELLING AS A MULTIPLE DWELLING THAT IS OCCUPIED FOR PERMANENT RESIDENCE
PURPOSES.
  2. ANY PERSON FOUND TO HAVE VIOLATED THE PROVISIONS OF SUBDIVISION ONE
OF THIS SECTION SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT MORE THAN ONE
THOUSAND  DOLLARS FOR THE FIRST VIOLATION, FIVE THOUSAND DOLLARS FOR THE
SECOND VIOLATION AND SEVEN THOUSAND FIVE HUNDRED DOLLARS FOR  THE  THIRD
AND SUBSEQUENT VIOLATIONS.
  3.  FOR  THE  PURPOSES OF THIS SECTION THE TERM "ADVERTISE" SHALL MEAN
ANY FORM OF COMMUNICATION, PROMOTION OR SOLICITATION, INCLUDING BUT  NOT
LIMITED  TO DIRECT MAIL, NEWSPAPERS, MAGAZINES, FLYERS, HANDBILLS, TELE-
VISION COMMERCIALS, RADIO, SIGNAGE, DIRECT MAIL, WEBSITES, TEXT MESSAGES
OR SIMILAR DISPLAYS, INTENDED OR USED TO INDUCE, ENCOURAGE  OR  PERSUADE
THE PUBLIC TO ENTER INTO A CONTRACT FOR GOODS AND/OR SERVICES.
  S 3. The real property law is amended by adding a new section 226-c to
read as follows:
  S   226-C.  NOTICE  REGARDING  ADVERTISEMENTS  ON  SHORT  TERM  RENTAL
WEBSITES.  1. THE LANDLORD IS REQUIRED TO PROVIDE NOTICE TO  TENANTS  ON
ALL  ANNUAL AND BIANNUAL LEASE RENEWALS THAT OFFERING OR ADVERTISING THE
RENTAL UNIT ON A SHORT TERM RENTAL WEBSITE  MAY  BE  PROHIBITED  IF  THE
RENTAL UNIT IS A CLASS A MULTIPLE DWELLING, AS DEFINED IN PARAGRAPH A OF
SUBDIVISION EIGHT OF SECTION FOUR OF THE MULTIPLE DWELLING LAW, AND THAT
SUCH  OFFERING  OR ADVERTISING MAY VIOLATE THE TERMS OF THE LEASE AGREE-
MENT.
  2. SUCH NOTICES PROVIDED BY THE LANDLORD SHOULD ENCOURAGE TENANTS  WHO
WISH  TO  OFFER  OR  ADVERTISE  THE  RENTAL  UNIT ON A SHORT TERM RENTAL
WEBSITE TO CONTACT THE PROPER AUTHORITIES PRIOR TO UTILIZING SUCH  SHORT
TERM RENTAL WEBSITES.
  3.  (A)  EACH YEAR THE LANDLORD SHALL DELIVER TO EACH DWELLING UNIT, A
NOTICE, THE FORM AND CONTENT OF WHICH SHALL BE IN  ENGLISH  AND  SPANISH
AND  AS  SPECIFIED IN PARAGRAPH (B) OF THIS SUBDIVISION, NO EARLIER THAN
JANUARY FIRST AND NO LATER THAN JANUARY SIXTEENTH OF THE YEAR FOR  WHICH
THE  NOTICE  IS DELIVERED. THE FOREGOING NOTWITHSTANDING, IF SUCH NOTICE
IS DELIVERED TO THE DWELLING UNIT BY SEPARATE ENCLOSURE  WITH  THE  RENT
BILL, THEN NOTICE MAY BE DELIVERED AT SUCH TIME AS THE RENT BILL FOR THE
MONTH  OF JANUARY IS DELIVERED. IN ADDITION, SUCH NOTICE SHALL BE DELIV-
ERED WITHIN THIRTY DAYS OF ANY CHANGE IN OCCUPANCY. THE  LANDLORD  SHALL
DELIVER SAID NOTICE BY FIRST CLASS MAIL ADDRESSED TO THE OCCUPANT OF THE
DWELLING  UNIT, BY HAND DELIVERY TO THE OCCUPANT AT THE DWELLING UNIT OR
BY SEPARATE ENCLOSURE WITH THE RENT BILL.
  (B) THE NOTICE PROVIDED BY THE LANDLORD ANNUALLY TO EACH DWELLING UNIT
SHALL SPECIFY IN TWELVE POINT FONT THE FOLLOWING: "RENTING OUT YOUR UNIT
FOR FEWER THAN 30 DAYS MAY VIOLATE NEW YORK STATE LAW  WITH  RESPECT  TO
THE  PROHIBITION  AGAINST  TRANSIENT  OCCUPANCY AND ALSO MAY VIOLATE THE
TERMS OF YOUR LEASE AND RESULT IN  EVICTION  PROCEEDINGS  BEING  BROUGHT
AGAINST YOU."
  S  4.  This act shall take effect immediately; provided, however, that
section three of this act shall take effect on the ninetieth  day  after
it shall have become a law.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2015-A8704B - Details

Law Section:: Multiple Dwelling Law
Laws Affected:: Add §121, Mult Dwell L; add Art 18 §27-287.1, NYC Ad Cd; add §226-c, RP L

2015-A8704B - Summary

Relates to prohibiting advertising for the use of dwelling units in a class A multiple dwelling.

2015-A8704B - Bill Text download pdf

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

                                 8704--B

                          I N  A S S E M B L Y

                            January 13, 2016
                               ___________

Introduced  by M. of A. ROSENTHAL, RICHARDSON, BRAUNSTEIN, MOYA, JOYNER,
  MARKEY, HEVESI, WRIGHT, GOLDFEDER,  SIMOTAS,  KIM,  DAVILA,  PICHARDO,
  CRESPO, SEAWRIGHT, GLICK, BLAKE, RIVERA, COOK -- Multi-Sponsored by --
  M.  of A.   FARRELL, MOSLEY, ROBINSON -- 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 prohibiting advertising that
  promotes the use of dwelling units in a class A multiple dwelling  for
  other than permanent residence purposes; and to amend the real proper-
  ty  law,  in  relation  to  requiring that landlords provide notice to
  tenants of the consequences of advertising a rental unit  for  use  on
  short term rental websites

  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
section 121 to read as follows:
  S 121. PROHIBITING ADVERTISING THAT PROMOTES THE USE OF DWELLING UNITS
IN  A  CLASS  A  MULTIPLE  DWELLING  FOR  OTHER THAN PERMANENT RESIDENCE
PURPOSES. 1. IT SHALL BE UNLAWFUL  TO  ADVERTISE  OCCUPANCY  OR  USE  OF
DWELLING  UNITS  IN A CLASS A MULTIPLE DWELLING FOR OCCUPANCY THAT WOULD
VIOLATE SUBDIVISION EIGHT OF SECTION FOUR OF  THIS  CHAPTER  DEFINING  A
"CLASS  A" MULTIPLE DWELLING AS A MULTIPLE DWELLING THAT IS OCCUPIED FOR
PERMANENT RESIDENCE PURPOSES.
  2. ANY PERSON FOUND TO HAVE VIOLATED THE PROVISIONS OF SUBDIVISION ONE
OF THIS SECTION SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT MORE THAN ONE
THOUSAND DOLLARS FOR THE FIRST VIOLATION, FIVE THOUSAND DOLLARS FOR  THE
SECOND  VIOLATION  AND SEVEN THOUSAND FIVE HUNDRED DOLLARS FOR THE THIRD
AND SUBSEQUENT VIOLATIONS.
  3. FOR THE PURPOSES OF THIS SECTION, THE TERM "ADVERTISE"  SHALL  MEAN
ANY  FORM  OF  COMMUNICATION  FOR  MARKETING  THAT IS USED TO ENCOURAGE,
PERSUADE OR MANIPULATE VIEWERS, READERS OR  LISTENERS  INTO  CONTRACTING

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

                                                           LBD13144-06-6

A. 8704--B                          2

FOR GOODS AND/OR SERVICES AS MAY BE VIEWED THROUGH VARIOUS MEDIA INCLUD-
ING, BUT NOT LIMITED TO, NEWSPAPERS, MAGAZINES, FLYERS, HANDBILLS, TELE-
VISION  COMMERCIALS,  RADIO,  SIGNAGE,  DIRECT  MAIL,  WEBSITES  OR TEXT
MESSAGES.
  4.  NOTWITHSTANDING  THE  PROVISIONS OF SECTION THREE HUNDRED THREE OF
THIS CHAPTER, IN A CITY WITH A POPULATION OF ONE  MILLION  OR  MORE  THE
PROVISIONS  OF  THIS  SECTION SHALL BE ENFORCED BY THE MAYOR'S OFFICE OF
SPECIAL ENFORCEMENT.
  S 2. Subchapter 3 of chapter 1 of title 27 of the administrative  code
of the city of New York is amended by adding a new article 18 to read as
follows:
                               ARTICLE 18
             UNLAWFUL ADVERTISEMENT FOR CERTAIN OCCUPANCIES
  S 27-287.1 UNLAWFUL ADVERTISEMENT FOR CERTAIN OCCUPANCIES. 1. IT SHALL
BE UNLAWFUL TO ADVERTISE OCCUPANCY OR USE OF DWELLING UNITS IN A CLASS A
MULTIPLE  DWELLING FOR OCCUPANCY THAT WOULD VIOLATE SUBDIVISION EIGHT OF
SECTION FOUR OF THE MULTIPLE DWELLING LAW DEFINING A "CLASS A"  MULTIPLE
DWELLING AS A MULTIPLE DWELLING THAT IS OCCUPIED FOR PERMANENT RESIDENCE
PURPOSES.
  2.    THE  PROVISIONS OF THIS SECTION SHALL BE ENFORCED BY THE MAYOR'S
OFFICE OF SPECIAL ENFORCEMENT.  ANY PERSON FOUND TO  HAVE  VIOLATED  THE
PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS SECTION SHALL BE LIABLE FOR A
CIVIL PENALTY OF NOT MORE  THAN  ONE  THOUSAND  DOLLARS  FOR  THE  FIRST
VIOLATION,  FIVE  THOUSAND  DOLLARS  FOR  THE SECOND VIOLATION AND SEVEN
THOUSAND FIVE HUNDRED DOLLARS FOR THE THIRD AND SUBSEQUENT VIOLATIONS.
  3. FOR THE PURPOSES OF THIS SECTION THE TERM  "ADVERTISE"  SHALL  MEAN
ANY  FORM OF COMMUNICATION, PROMOTION OR SOLICITATION, INCLUDING BUT NOT
LIMITED TO DIRECT MAIL, NEWSPAPERS, MAGAZINES, FLYERS, HANDBILLS,  TELE-
VISION COMMERCIALS, RADIO, SIGNAGE, DIRECT MAIL, WEBSITES, TEXT MESSAGES
OR  SIMILAR  DISPLAYS, INTENDED OR USED TO INDUCE, ENCOURAGE OR PERSUADE
THE PUBLIC TO ENTER INTO A CONTRACT FOR GOODS AND/OR SERVICES.
  S 3. The real property law is amended by adding a new section 226-c to
read as follows:
  S  226-C.  NOTICE  REGARDING  ADVERTISEMENTS  ON  SHORT  TERM   RENTAL
WEBSITES.    1.  THE  LANDLORD  IS  REQUIRED TO PROVIDE ANNUAL NOTICE TO
TENANTS THAT OFFERING OR ADVERTISING THE RENTAL UNIT  ON  A  SHORT  TERM
RENTAL  WEBSITE MAY BE PROHIBITED IF THE RENTAL UNIT IS A CLASS A MULTI-
PLE DWELLING, AS DEFINED IN PARAGRAPH A OF SUBDIVISION EIGHT OF  SECTION
FOUR OF THE MULTIPLE DWELLING LAW, AND THAT SUCH OFFERING OR ADVERTISING
MAY VIOLATE THE TERMS OF THE LEASE AGREEMENT.
  2.  (A)  EACH YEAR THE LANDLORD SHALL DELIVER TO EACH DWELLING UNIT, A
NOTICE, THE FORM AND CONTENT OF WHICH SHALL BE IN ENGLISH AND IN A  CITY
WITH  A  POPULATION  OF  ONE  MILLION  OR  MORE  IN  THE SIX MOST COMMON
LANGUAGES SPOKEN IN ANY SUCH CITY AND AS SPECIFIED IN PARAGRAPH  (B)  OF
THIS  SUBDIVISION, NO EARLIER THAN JANUARY FIRST AND NO LATER THAN JANU-
ARY SIXTEENTH OF THE YEAR FOR WHICH THE NOTICE IS DELIVERED. THE FOREGO-
ING NOTWITHSTANDING, IF SUCH NOTICE IS DELIVERED TO THE DWELLING UNIT BY
SEPARATE ENCLOSURE WITH THE RENT BILL, THEN NOTICE MAY BE  DELIVERED  AT
SUCH  TIME  AS  THE  RENT BILL FOR THE MONTH OF JANUARY IS DELIVERED. IN
ADDITION, SUCH NOTICE SHALL BE  DELIVERED  WITHIN  THIRTY  DAYS  OF  ANY
CHANGE  IN  OCCUPANCY.  THE  LANDLORD SHALL DELIVER SAID NOTICE BY FIRST
CLASS MAIL ADDRESSED TO THE OCCUPANT  OF  THE  DWELLING  UNIT,  BY  HAND
DELIVERY  TO  THE OCCUPANT AT THE DWELLING UNIT OR BY SEPARATE ENCLOSURE
WITH THE RENT BILL.
  (B) THE NOTICE PROVIDED BY THE LANDLORD ANNUALLY TO EACH DWELLING UNIT
SHALL SPECIFY IN TWELVE POINT FONT THE FOLLOWING: "RENTING OUT YOUR UNIT

A. 8704--B                          3

FOR FEWER THAN 30 DAYS MAY VIOLATE NEW YORK STATE LAW  WITH  RESPECT  TO
THE  PROHIBITION  AGAINST  TRANSIENT  OCCUPANCY AND ALSO MAY VIOLATE THE
TERMS OF YOUR LEASE AND RESULT IN  EVICTION  PROCEEDINGS  BEING  BROUGHT
AGAINST YOU."
  (C)  ANY LANDLORD WHO HAS ANNUALLY PROVIDED NOTICE TO TENANTS WITH THE
INFORMATION REQUIRED IN SUBDIVISIONS (A) AND (B) OF THIS  SECTION  WHICH
IS  MORE  PARTICULAR THAN THE REQUIREMENTS OF THIS SECTION MAY BE DEEMED
IN COMPLIANCE WITH THIS SECTION AND MAY CONTINUE WITH SUCH NOTICE.
  3. THE PROVISIONS OF THIS SECTION SHALL BE ENFORCED BY THE  DEPARTMENT
CHARGED  WITH  THE  ENFORCEMENT  OF  LAWS, ORDINANCES AND REGULATIONS IN
RELATION TO MULTIPLE DWELLINGS; PROVIDED, HOWEVER, THAT IN A CITY WITH A
POPULATION OF ONE MILLION OR MORE THE PROVISIONS OF THIS  SECTION  SHALL
BE ENFORCED BY THE MAYOR'S OFFICE OF SPECIAL ENFORCEMENT.
  S  4.  This act shall take effect immediately; provided, however, that
section three of this act shall take effect on the ninetieth  day  after
it shall have become a law.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2015-A8704C (ACTIVE) - Details

Law Section:: Multiple Dwelling Law
Laws Affected:: Add §121, Mult Dwell L; add Art 18 §27-287.1, NYC Ad Cd; add §226-c, RP L

2015-A8704C (ACTIVE) - Summary

Relates to prohibiting advertising for the use of dwelling units in a class A multiple dwelling.

2015-A8704C (ACTIVE) - Bill Text download pdf

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

                                 8704--C

                          I N  A S S E M B L Y

                            January 13, 2016
                               ___________

Introduced  by M. of A. ROSENTHAL, RICHARDSON, BRAUNSTEIN, MOYA, JOYNER,
  MARKEY, HEVESI, WRIGHT, GOLDFEDER,  SIMOTAS,  KIM,  DAVILA,  PICHARDO,
  CRESPO,  SEAWRIGHT, GLICK, BLAKE, RIVERA, COOK, MOSLEY, LINARES, BREN-
  NAN, COLTON, TITUS, WALKER -- Multi-Sponsored by -- M. of  A.  BARRON,
  FARRELL, ROBINSON, SIMON -- 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 recommit-
  ted to said committee -- reported and referred  to  the  Committee  on
  Codes  --  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  prohibiting  advertising  that
  promotes  the use of dwelling units in a class A multiple dwelling for
  other than permanent residence purposes

  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
section 121 to read as follows:
  S 121. PROHIBITING ADVERTISING THAT PROMOTES THE USE OF DWELLING UNITS
IN A CLASS A  MULTIPLE  DWELLING  FOR  OTHER  THAN  PERMANENT  RESIDENCE
PURPOSES.  1.  IT  SHALL  BE  UNLAWFUL  TO ADVERTISE OCCUPANCY OR USE OF
DWELLING UNITS IN A CLASS A MULTIPLE DWELLING FOR OCCUPANCY  THAT  WOULD
VIOLATE  SUBDIVISION  EIGHT  OF  SECTION FOUR OF THIS CHAPTER DEFINING A
"CLASS A" MULTIPLE DWELLING AS A MULTIPLE DWELLING THAT IS OCCUPIED  FOR
PERMANENT RESIDENCE PURPOSES.
  2. ANY PERSON FOUND TO HAVE VIOLATED THE PROVISIONS OF SUBDIVISION ONE
OF THIS SECTION SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT MORE THAN ONE
THOUSAND  DOLLARS FOR THE FIRST VIOLATION, FIVE THOUSAND DOLLARS FOR THE
SECOND VIOLATION AND SEVEN THOUSAND FIVE HUNDRED DOLLARS FOR  THE  THIRD
AND SUBSEQUENT VIOLATIONS.
  3.  FOR  THE PURPOSES OF THIS SECTION, THE TERM "ADVERTISE" SHALL MEAN
ANY FORM OF COMMUNICATION FOR  MARKETING  THAT  IS  USED  TO  ENCOURAGE,
PERSUADE  OR  MANIPULATE  VIEWERS, READERS OR LISTENERS INTO CONTRACTING

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

                                                           LBD13144-08-6

A. 8704--C                          2

FOR GOODS AND/OR SERVICES AS MAY BE VIEWED THROUGH VARIOUS MEDIA INCLUD-
ING, BUT NOT LIMITED TO, NEWSPAPERS, MAGAZINES, FLYERS, HANDBILLS, TELE-
VISION COMMERCIALS,  RADIO,  SIGNAGE,  DIRECT  MAIL,  WEBSITES  OR  TEXT
MESSAGES.
  4.  NOTWITHSTANDING  THE  PROVISIONS OF SECTION THREE HUNDRED THREE OF
THIS CHAPTER, IN A CITY WITH A POPULATION OF ONE  MILLION  OR  MORE  THE
PROVISIONS  OF  THIS  SECTION SHALL BE ENFORCED BY THE MAYOR'S OFFICE OF
SPECIAL ENFORCEMENT.
  S 2. Subchapter 3 of chapter 1 of title 27 of the administrative  code
of the city of New York is amended by adding a new article 18 to read as
follows:
                               ARTICLE 18
             UNLAWFUL ADVERTISEMENT FOR CERTAIN OCCUPANCIES
  S 27-287.1 UNLAWFUL ADVERTISEMENT FOR CERTAIN OCCUPANCIES. 1. IT SHALL
BE UNLAWFUL TO ADVERTISE OCCUPANCY OR USE OF DWELLING UNITS IN A CLASS A
MULTIPLE  DWELLING FOR OCCUPANCY THAT WOULD VIOLATE SUBDIVISION EIGHT OF
SECTION FOUR OF THE MULTIPLE DWELLING LAW DEFINING A "CLASS A"  MULTIPLE
DWELLING AS A MULTIPLE DWELLING THAT IS OCCUPIED FOR PERMANENT RESIDENCE
PURPOSES.
  2.    THE  PROVISIONS OF THIS SECTION SHALL BE ENFORCED BY THE MAYOR'S
OFFICE OF SPECIAL ENFORCEMENT.  ANY PERSON FOUND TO  HAVE  VIOLATED  THE
PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS SECTION SHALL BE LIABLE FOR A
CIVIL PENALTY OF NOT MORE  THAN  ONE  THOUSAND  DOLLARS  FOR  THE  FIRST
VIOLATION,  FIVE  THOUSAND  DOLLARS  FOR  THE SECOND VIOLATION AND SEVEN
THOUSAND FIVE HUNDRED DOLLARS FOR THE THIRD AND SUBSEQUENT VIOLATIONS.
  3. FOR THE PURPOSES OF THIS SECTION THE TERM  "ADVERTISE"  SHALL  MEAN
ANY  FORM OF COMMUNICATION, PROMOTION OR SOLICITATION, INCLUDING BUT NOT
LIMITED TO DIRECT MAIL, NEWSPAPERS, MAGAZINES, FLYERS, HANDBILLS,  TELE-
VISION COMMERCIALS, RADIO, SIGNAGE, DIRECT MAIL, WEBSITES, TEXT MESSAGES
OR  SIMILAR  DISPLAYS, INTENDED OR USED TO INDUCE, ENCOURAGE OR PERSUADE
THE PUBLIC TO ENTER INTO A CONTRACT FOR GOODS AND/OR SERVICES.
  S 3. This act shall take effect immediately.

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Assembly Bill A8704

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Francisco Moya

Latoya Joyner

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Herman D. Farrell

Walter T. Mosley

Annette Robinson

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Diana Richardson

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Latoya Joyner

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Charles Barron

Herman D. Farrell

Annette Robinson

Jo Anne Simon

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co-Sponsors

Diana Richardson

Edward Braunstein

Francisco Moya

Latoya Joyner

multi-Sponsors

Charles Barron

Herman D. Farrell

Annette Robinson

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