S T A T E O F N E W Y O R K
________________________________________________________________________
7053
I N S E N A T E
March 21, 2016
___________
Introduced by Sen. PERALTA -- read twice and ordered printed, and when
printed to be committed to the Committee on Housing, Construction and
Community Development
AN ACT to amend the multiple dwelling law, in relation to the short term
rental of dwelling units through internet based residential rental
websites
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 4 of the multiple dwelling law is amended by adding
two new subdivisions 15-a and 15-b to read as follows:
15-A. "SHORT TERM RENTAL UNIT" IS A CLASS A MULTIPLE DWELLING UNIT
THAT IS MADE AVAILABLE FOR RENT OR FOR HIRE BY THE TENANT OR LEGAL
SUBTENANT THEREOF, TO GUESTS FOR A PERIOD OF THIRTY CONSECUTIVE DAYS OR
LESS. SUCH TERM SHALL NOT INCLUDE ANY RENTAL OR USE OF SUCH A DWELLING
UNIT BY THE OWNER OR LANDLORD THEREOF.
15-B. "INTERNET BASED RESIDENTIAL RENTAL WEBSITE" IS AN INTERNET
WEBSITE OR OTHER ELECTRONIC SERVICE THAT OFFERS, PROMOTES OR PROVIDES
ACCESS TO THE RENTAL OR USE OF ANY SHORT TERM RENTAL UNIT.
S 2. The multiple dwelling law is amended by adding a new section 15
to read as follows:
S 15. APPLICATION OF CHAPTER TO CERTAIN SHORT TERM RENTAL UNITS. 1.
NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY, IN THE
EVENT OF A VIOLATION OF THE PROVISIONS OF THIS CHAPTER RELATING TO A
SHORT TERM RENTAL UNIT RENTED OR USED BY GUESTS, WHO USED AN INTERNET
BASED RESIDENTIAL RENTAL WEBSITE TO IDENTIFY SUCH UNIT, ANY AND ALL
FINES AND PENALTIES ASSIGNED FOR SUCH VIOLATION SHALL BE IMPOSED UPON
THE TENANT OR LEGAL SUBTENANT WHO CAUSED THE SHORT TERM RENTAL UNIT TO
BE RENTED TO OR USED BY SUCH GUESTS. NO OWNER OR LANDLORD SHALL BE
LIABLE FOR ANY SUCH FINE OR PENALTY, UNLESS SUCH OWNER OR LANDLORD SHALL
HAVE HAD KNOWLEDGE OF AND ALLOWED THE CONTINUANCE OF THE SHORT TERM
RENTAL OF THE DWELLING UNIT.
2. WHENEVER THE TENANT OR LEGAL SUBTENANT OF A SHORT TERM RENTAL UNIT
SHALL HAVE ABANDONED SUCH UNIT AND HIS OR HER LOCATION IS NOT AVAILABLE
TO THE DEPARTMENT, THE LANDLORD OR OWNER OF THE DWELLING UNIT SHALL,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14724-02-6
S. 7053 2
UPON REQUEST OF THE DEPARTMENT, PROVIDE ALL INFORMATION IT POSSESSES
RELATING TO THE LOCATION OR POTENTIAL LOCATION OF SUCH TENANT OR SUBTEN-
ANT.
S 3. This act shall take effect immediately.