S T A T E O F N E W Y O R K
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9127
I N S E N A T E
June 29, 2018
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Introduced by Sen. AVELLA -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the real property law, in relation to short-term proper-
ty rentals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The real property law is amended by adding a new section
238-a to read as follows:
§ 238-A. SHORT-TERM RENTAL; CERTIFICATION OF NO VIOLATIONS. 1. WHEN-
EVER USED IN THIS SECTION THE TERM "SHORT-TERM RENTAL" SHALL MEAN THE
RENTING OF A PROPERTY OF A TERM OF THIRTY DAYS OR LESS.
2. A PROPERTY OWNER WHO USES THEIR PROPERTY CONSISTING OF A ONE OR TWO
FAMILY DWELLING FOR THE PURPOSES OF A SHORT-TERM RENTAL MUST FIRST
CERTIFY WITH THE LOCAL MUNICIPAL AGENCY WITH JURISDICTION OVER THE PROP-
ERTY BEING RENTED THAT THERE ARE NO PENDING VIOLATIONS OF THE HOUSING
AND/OR BUILDING CODES EXISTING ON THE PROPERTY. EACH SUCH CERTIFICATION
SHALL BE VALID FOR NINETY DAYS. IF THE PROPERTY OWNER DOES NOT CERTIFY
OR CERTIFIES AND IS FOUND TO HAVE A PENDING VIOLATION WHEN USING A PROP-
ERTY FOR A SHORT-TERM RENTAL, THE PROPERTY OWNER SHALL BE LIABLE FOR A
CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS FOR A FIRST
VIOLATION, FIVE THOUSAND DOLLARS FOR A SECOND VIOLATION, AND SEVENTY-
FIVE HUNDRED DOLLARS AND/OR AN ORDER TO VACATE FOR THE THIRD AND SUBSE-
QUENT VIOLATIONS.
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13350-01-7