senate Bill S5978A

2017-2018 Legislative Session

Prohibits the short term rental of private dwellings

download bill text pdf

Sponsored By

Current Bill Status - In Senate Housing, Construction And Community Development Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 29, 2018 print number 5978a
Mar 29, 2018 amend (t) and recommit to housing, construction and community development
Jan 03, 2018 referred to housing, construction and community development
May 09, 2017 referred to housing, construction and community development

S5978 - Details

See Assembly Version of this Bill:
A8065A
Law Section:
Multiple Residence Law
Laws Affected:
Add Art 2-A §§20 - 24, Mult Res L; amd §§1101, 1105, 1131 & 1132, add §1200, Tax L

S5978 - Summary

Establishes regulations for the short term rental of private dwellings; defines terms; requires registration and safety precautions.

S5978 - Sponsor Memo

S5978 - Bill Text download pdf

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

                                  5978

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               May 9, 2017
                               ___________

Introduced  by  Sen.  FUNKE  -- 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 residence law, in relation to prohibiting
  the short term rental of private dwellings

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  multiple  residence  law  is amended by adding a new
section 14 to read as follows:
  S 14. PROHIBITED RENTAL. 1. A PRIVATE DWELLING OR APARTMENT SHALL ONLY
BE USED FOR PERMANENT RESIDENCE  PURPOSES.  FOR  THE  PURPOSES  OF  THIS
SUBDIVISION,  "PERMANENT  RESIDENCE PURPOSES" SHALL CONSIST OF OCCUPANCY
OF A DWELLING UNIT BY THE SAME  NATURAL  PERSON  OR  FAMILY  FOR  THIRTY
CONSECUTIVE DAYS OR MORE, AND A PERSON OR FAMILY SO OCCUPYING A DWELLING
UNIT SHALL BE REFERRED TO IN THIS SUBDIVISION AS THE PERMANENT OCCUPANTS
OF  SUCH  DWELLING  UNIT.  THE  FOLLOWING USES OF A DWELLING UNIT BY THE
PERMANENT OCCUPANTS THEREOF SHALL NOT BE DEEMED TO BE INCONSISTENT  WITH
THE OCCUPANCY OF SUCH DWELLING UNIT FOR PERMANENT RESIDENCE PURPOSES:
  (A)  OCCUPANCY OF SUCH DWELLING UNIT FOR FEWER THAT THIRTY CONSECUTIVE
DAYS BY OTHER NATURAL PERSONS LIVING WITHIN THE HOUSEHOLD OF THE  PERMA-
NENT  OCCUPANTS,  SUCH  AS  HOUSE GUESTS, OR LAWFUL BOARDERS, ROOMERS OR
LODGERS; OR
  (B) INCIDENTAL AND OCCASIONAL OCCUPANCY  OF  SUCH  DWELLING  UNIT  FOR
FEWER  THAN  THIRTY  CONSECUTIVE  DAYS BY OTHER NATURAL PERSONS WHEN THE
PERMANENT OCCUPANTS ARE TEMPORARILY ABSENT FOR PERSONAL REASONS, SUCH AS
VACATION OR MEDICAL  TREATMENT,  PROVIDED  THAT  THERE  IS  NO  MONETARY
COMPENSATION PAID TO THE PERMANENT OCCUPANTS FOR SUCH OCCUPANCY; OR
  (C) TO ANY INDIVIDUAL OR OWNER WHO RENTS OUT THEIR PRIVATE DWELLING OR
APARTMENT  FOR FEWER THAN THIRTY CONSECUTIVE DAYS WHO EARNS NO MORE THAN
TWENTY-FIVE HUNDRED DOLLARS PER ANNUM IN TOTAL FOR ALL  SUCH  APPLICABLE
RENTAL PERIODS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03665-01-7

S5978A (ACTIVE) - Details

See Assembly Version of this Bill:
A8065A
Law Section:
Multiple Residence Law
Laws Affected:
Add Art 2-A §§20 - 24, Mult Res L; amd §§1101, 1105, 1131 & 1132, add §1200, Tax L

S5978A (ACTIVE) - Summary

Establishes regulations for the short term rental of private dwellings; defines terms; requires registration and safety precautions.

S5978A (ACTIVE) - Sponsor Memo

S5978A (ACTIVE) - Bill Text download pdf

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

                                 5978--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               May 9, 2017
                               ___________

Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community  Development  --  recommitted  to  the Committee on Housing,
  Construction and Community Development in accordance with Senate  Rule
  6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the multiple residence law and the tax law, in  relation
  to short-term residential rental of private dwellings

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The multiple residence law is amended by adding a new arti-
cle 2-A to read as follows:
                               ARTICLE 2-A
                   SHORT-TERM RESIDENTIAL RENTAL UNITS
SECTION 20. DEFINITIONS.
        21. SHORT-TERM RESIDENTIAL RENTAL UNITS; REGULATION.
        22. REGISTRATION.
        23. EXCEPTION.
        24. PENALTIES.
  S 20. DEFINITIONS. FOR THE PURPOSES OF  THIS  ARTICLE,  THE  FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1. "SHORT-TERM RESIDENTIAL RENTAL UNIT" MEANS AN ENTIRE DWELLING UNIT,
OR  A ROOM, GROUP OF ROOMS, OTHER LIVING OR SLEEPING SPACE, OR ANY OTHER
SPACE, MADE AVAILABLE FOR RENT BY GUESTS FOR LESS  THAN  THIRTY  CONSEC-
UTIVE DAYS, WHERE:
  (A)  THE UNIT IS OFFERED FOR TOURIST OR TRANSIENT USE BY THE PERMANENT
RESIDENT OF THE RESIDENTIAL UNIT;
  (B) THE PERMANENT RESIDENT IS A NATURAL PERSON; AND
  (C) THE PERMANENT RESIDENT HAS REGISTERED  THE  RESIDENTIAL  UNIT  AND
MAINTAINS  GOOD  STANDING  ON THE SHORT-TERM RESIDENTIAL RENTAL REGISTRY
MAINTAINED BY THE DEPARTMENT OF STATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03665-06-8

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