S T A T E O F N E W Y O R K
________________________________________________________________________
5773
2017-2018 Regular Sessions
I N A S S E M B L Y
February 15, 2017
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Introduced by M. of A. CYMBROWITZ -- 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 NOT SHARED
WITH ANOTHER UNIT;
(C) SUCH DWELLING UNIT PROVIDES FOR AN EVACUATION DIAGRAM IDENTIFYING
ALL MEANS OF EGRESS FROM THE SHORT-TERM 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 SHORT-TERM RENTAL
UNIT;
(D) SUCH DWELLING UNIT CONTAINS WORKING SMOKE DETECTORS IN ACCORDANCE
WITH LOCAL FIRE CODE;
(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 ELEVEN HUNDRED FOUR,
ELEVEN HUNDRED FIVE, ELEVEN HUNDRED SEVEN AND ELEVEN HUNDRED NINE OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09724-01-7
A. 5773 2
THE TAX LAW, AND SECTION 11-702 OF THE ADMINISTRATIVE CODE OF THE CITY
OF NEW YORK; AND
(G) SUCH UNIT IS REGISTERED WITH THE CITY IN ACCORDANCE WITH THE
PROVISIONS OF ARTICLE SEVEN-D OF THIS CHAPTER, UNLESS IT IS USED AS A
SHORT-TERM RENTAL UNIT LESS THAN THIRTY DAYS PER CALENDAR YEAR.
(H) PROVIDED FURTHER THAT IN NON OWNER-OCCUPIED BUILDINGS, FIFTY
PERCENT OR LESS OF THE TOTAL UNITS MAY BE REGISTERED AS SHORT-TERM
RENTAL UNITS.
§ 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.
§ 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. VIOLATIONS.
291. REGULATIONS.
§ 288. REGISTRATION REQUIRED. ANY INDIVIDUAL THAT OPERATES A SHORT-
TERM RENTAL UNIT, AS DEFINED BY SUBDIVISION FIFTEEN-A OF SECTION FOUR OF
THIS CHAPTER, MUST BE REGISTERED WITH THE DEPARTMENT. EACH UNIT OPERATED
BY THE INDIVIDUAL SHALL HAVE A REGISTRATION IDENTIFICATION NUMBER. THE
REGISTRATION SHALL INCLUDE THE LOCATION OF THE UNIT.
§ 289. REGISTRATION FEE. THE REGISTRATION FEE SHALL BE FIVE HUNDRED
DOLLARS PER UNIT, ALL OF WHICH SHALL BE DEDICATED TO THE DIVISION, UNIT
OR SPECIAL TASK FORCE IN CHARGE OF ENFORCING THIS ARTICLE, AS DETERMINED
BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.
§ 290. VIOLATIONS. WHEN THE USE OF A SHORT-TERM RENTAL UNIT IS DETER-
MINED TO NOT COMPLY WITH ANY REQUIREMENTS SET FORTH IN SUBPARAGRAPH
THREE OF PARAGRAPH A OF SUBDIVISION EIGHT OF SECTION FOUR OF THIS CHAP-
TER, THE INDIVIDUAL WHO REGISTERED THE UNIT AS REQUIRED BY THIS ARTICLE,
SHALL BE IN VIOLATION OF THE REGISTRATION AND SUBJECT TO A FINE OF NOT
LESS THAN ONE THOUSAND DOLLARS AND NOT MORE THAN TWO THOUSAND DOLLARS.
IF AN INDIVIDUAL COMMITS THREE VIOLATIONS IN A SINGLE UNIT, THE INDIVID-
UAL'S REGISTRATION OF SUCH UNIT SHALL BE REVOKED PERMANENTLY. SUCH INDI-
VIDUAL SHALL BE AFFORDED THE OPPORTUNITY TO APPEAL SUCH REVOCATION IN
ACCORDANCE WITH REGULATIONS AND PROCEDURES ADOPTED BY THE CITY.
§ 291. REGULATIONS. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL
SHALL PROMULGATE REGULATIONS TO DEAL WITH THE REGISTRATION AND ENFORCE-
MENT OF SHORT-TERM RENTAL UNITS, INCLUDING INSPECTION AND AUDIT PROCE-
DURES CONCERNING ALL REGISTERED UNITS. SUCH REGULATIONS MAY ALSO CREATE
A PUBLIC REGISTRY OF ALL SHORT-TERM RENTAL UNITS SO THAT THE PUBLIC IS
AWARE OF THOSE UNITS IN GOOD STANDING.
§ 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 SIXTEEN OF THIS SECTION;
A. 5773 3
(B) SUCH DWELLING UNIT CONTAINS A BATHROOM AND A KITCHEN NOT SHARED
WITH ANOTHER UNIT;
(C) SUCH DWELLING UNIT PROVIDES FOR AN EVACUATION DIAGRAM IDENTIFYING
ALL MEANS OF EGRESS FROM THE SHORT-TERM 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 SHORT-TERM RENTAL
UNIT;
(D) SUCH DWELLING UNIT CONTAINS WORKING SMOKE DETECTORS IN ACCORDANCE
WITH LOCAL FIRE CODE;
(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 ELEVEN HUNDRED FOUR,
ELEVEN HUNDRED FIVE, ELEVEN HUNDRED SEVEN AND ELEVEN HUNDRED NINE OF THE
TAX LAW, AND SECTION 11-702 OF THE ADMINISTRATIVE CODE OF THE CITY OF
NEW YORK; AND
(G) THE UNIT IS REGISTERED WITH THE CITY IN ACCORDANCE WITH THE
PROVISIONS OF ARTICLE TWO OF THIS SUBCHAPTER, UNLESS IT IS USED AS A
SHORT-TERM RENTAL UNIT LESS THAN THIRTY DAYS PER CALENDAR YEAR.
(H) PROVIDED FURTHER THAT IN NON OWNER-OCCUPIED BUILDINGS, FIFTY
PERCENT OR LESS OF THE TOTAL UNITS MAY BE REGISTERED AS SHORT-TERM
RENTAL UNITS.
§ 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.
§ 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 VIOLATIONS.
27-2004.4 REGULATIONS.
§ 27-2004.1 REGISTRATION REQUIRED. ANY INDIVIDUAL THAT OPERATES A
SHORT-TERM RENTAL UNIT, AS DEFINED BY PARAGRAPH FOURTEEN-A OF SUBDIVI-
SION A OF SECTION 27-2004 OF THIS SUBCHAPTER, MUST BE REGISTERED WITH
THE DEPARTMENT. EACH UNIT OPERATED BY THE INDIVIDUAL SHALL HAVE A REGIS-
TRATION IDENTIFICATION NUMBER. THE REGISTRATION SHALL INCLUDE THE
LOCATION OF THE UNIT.
§ 27-2004.2 REGISTRATION FEE. THE REGISTRATION FEE SHALL BE FIVE
HUNDRED DOLLARS PER UNIT, ALL OF WHICH SHALL BE DEDICATED TO THE DIVI-
SION, UNIT OR SPECIAL TASK FORCE IN CHARGE OF ENFORCING THIS ARTICLE, AS
DETERMINED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.
§ 27-2004.3 VIOLATIONS. WHEN THE USE OF A SHORT-TERM RENTAL UNIT IS
DETERMINED TO NOT COMPLY WITH ANY REQUIREMENTS SET FORTH IN CLAUSE THREE
OF SUBPARAGRAPH (A) OF PARAGRAPH EIGHT OF SUBDIVISION A OF SECTION
27-2004 OF THIS CODE, THE INDIVIDUAL WHO REGISTERED THE UNIT AS REQUIRED
BY THIS ARTICLE, SHALL BE IN VIOLATION OF THE REGISTRATION AND SUBJECT
TO A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS AND NOT MORE THAN TWO
THOUSAND DOLLARS. IF AN INDIVIDUAL COMMITS THREE VIOLATIONS IN A SINGLE
UNIT, THE INDIVIDUAL'S REGISTRATION OF SUCH UNIT SHALL BE REVOKED PERMA-
NENTLY. SUCH INDIVIDUAL SHALL BE AFFORDED THE OPPORTUNITY TO APPEAL
A. 5773 4
SUCH REVOCATION IN ACCORDANCE WITH REGULATIONS AND PROCEDURES ADOPTED BY
THE CITY.
§ 27-2004.4 REGULATIONS. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL
SHALL PROMULGATE REGULATIONS TO DEAL WITH THE REGISTRATION AND ENFORCE-
MENT OF SHORT-TERM RENTAL UNITS, INCLUDING INSPECTION AND AUDIT PROCE-
DURES CONCERNING ALL REGISTERED UNITS. SUCH REGULATIONS MAY ALSO CREATE
A PUBLIC REGISTRY OF ALL SHORT-TERM RENTAL UNITS SO THAT THE PUBLIC IS
AWARE OF THOSE UNITS IN GOOD STANDING.
§ 7. This act shall take effect immediately.