NY State Senate Bill 2017-S342

Senate Bill S342

2017-2018 Legislative Session

Provides that the tenant or subtenant of a class A multiple dwelling unit shall be liable for violations of multiple dwelling law relating to the illegal short term lease of such unit

download bill text pdf

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to housing, construction and community development
Jan 04, 2017	referred to housing, construction and community development

2017-S342 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Multiple Dwelling Law
Laws Affected:: Amd §4, add §15, Mult Dwell L
Versions Introduced in 2015-2016 Legislative Session:: S7053

2017-S342 (ACTIVE) - Summary

Provides that the tenant or subtenant of a class A multiple dwelling unit shall be liable for violations relating to the illegal short term lease of such unit through an internet website.

2017-S342 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S342

 TITLE OF BILL :

An act to amend the multiple dwelling law, in relation to the short
term rental of dwelling units through internet based residential
rental websites

 PURPOSE OR GENERAL IDEA OF BILL :

An act to amend the multiple dwelling law, in relation to the short
term rental of dwelling units through internet based residential
rental websites

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill amends the Multiple Dwelling Law by adding two
new subdivisions 15-a and 15-b, which define "short term rental unit"
and "internet based residential rental website."

Section 2 amends the Multiple Dwelling Law by adding a new Section 15
which mandates that tenants and subtenants are liable for violations
of the Multiple Dwelling Law pertaining to the illegal short term
rental of Class A dwellings, when the legal tenant or subtenant of
such premises rents their unit through an internet based residential
rental service without the knowledge and consent of the property

owner. The new Section 15 further mandates that when a tenant or legal
subtenant has abandoned the unit in question, the property owner shall
provide all information it possesses regarding the whereabouts of the
tenant or legal subtenant to enforcement authorities.

Section 3 sets forth the effective date of the law.

 JUSTIFICATION :

While the regulatory debate over the legality of AirBnB and other
Internet-based residential rental platforms continues in New York
State, it remains the case that the rental of units in a Class A
multiple dwelling (many apartment buildings, condominiums, etc.) for
less than thirty days is illegal. As such, enforcement authorities
have the ability to levy fines of up to $2,500 per day for violations
of the Multiple Dwelling Law and currently, landlords - who are often
unaware that their tenant or a legal subtenant is illegally renting
their unit through these platforms - are hit with this civil penalty.
As an issue of fairness, and until a regulatory framework is put in
place to address this and larger issues pertaining to Internet-based
residential rental platforms, it is only just that the tenant or legal
subtenant soliciting and providing travelers with an illegal
short-term rental is responsible for these fines.

 PRIOR LEGISLATIVE HISTORY :

2015-2016-S7053

 FISCAL IMPLICATIONS :

None apparent to the State. The ability to levy fines for violations
of the Multiple Dwelling Law is not changed, except that the liable
party differs from that under current law.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S342 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    342
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 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.
   §  2.  The multiple dwelling law is amended by adding a new section 15
 to read as follows:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00138-01-7

 S. 342                              2
 
 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,
 UPON REQUEST OF THE DEPARTMENT, PROVIDE  ALL  INFORMATION  IT  POSSESSES
 RELATING TO THE LOCATION OR POTENTIAL LOCATION OF SUCH TENANT OR SUBTEN-
 ANT.
   § 3. This act shall take effect immediately.

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