NY State Senate Bill 2019-S8295

Senate Bill S8295

2019-2020 Legislative Session

Relates to requiring hosting platforms to require a short-term rental host to submit a license or permit where such host is offering a short-term rental in a municipality which requires such license or permit

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 08, 2020	referred to housing, construction and community development

2019-S8295 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: General Business Law
Laws Affected:: Add Art 40 §§900 - 901, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:: S3906

2019-S8295 (ACTIVE) - Summary

Requires short-term rental hosting platforms to require a short-term rental host to submit a license or permit where such host is offering a short-term rental in a municipality which requires such license or permit.

2019-S8295 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8295

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring host-
ing platforms to require a short-term rental host to submit a license or
permit where such host is offering a short-term rental in a municipality
which requires such license or permit

 
PURPOSE:

This legislation would require those who operate short term rentals on a
hosting platform to provide proof of municipal government permits upon
listing their short term rental units.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the general business law to include the definition of
dwelling, short term rental unit, and short term rental unit hosting
platform. Additionally, this section requires that hosting platforms

must require a short term host to provide a license or permit to list a
short term unit if licensure or permitting is required by the munici-
pality in which they operate.

Section two establishes the effective date.

 
JUSTIFICATION:

This bill aims to prevent unauthorized property owners from listing
their dwellings on short term rental platforms without the proper
permitting and licensure. It is intended to crack down on illegal short
term rentals. In order to ensure the safety of those renting the dwell-
ings and those who live in close proximity to these illegal listings,
hosts must meet all the registration requirements specific to their
municipality.

This will require short term rental platforms to comply with registra-
tion requirements. Other cities and states have implemented similar
legislation in order to protect consumers and residents of host communi-
ties.

 
LEGISLATIVE HISTORY:

New legislation

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
The thirtieth day after it shall have become a law

2019-S8295 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8295
 
                             I N  S E N A T E
 
                                May 8, 2020
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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 general business law, in relation to requiring host-
   ing  platforms to require a short-term rental host to submit a license
   or permit where such host is offering a short-term rental in a munici-
   pality which requires such license or permit
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new article
 40 to read as follows:
                                 ARTICLE 40
                            SHORT-TERM RENTALS
 SECTION 900. DEFINITIONS.
         901. SHORT-TERM RENTAL LICENSE OR PERMIT REQUIREMENTS.
   §  900.  DEFINITIONS.  FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "DWELLING" MEANS ANY BUILDING OR STRUCTURE OR PORTION THEREOF WHICH
 IS OCCUPIED IN WHOLE OR IN PART AS THE HOME, RESIDENCE OR SLEEPING PLACE
 OF ONE OR MORE HUMAN BEINGS.
   2. "SHORT-TERM 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 CONSECUTIVE DAYS.
   3.  "SHORT-TERM  RENTAL HOST" MEANS AN OWNER OR TENANT OF A SHORT-TERM
 RENTAL UNIT WHO RENTS SUCH UNIT TO GUESTS.
   4. "HOSTING PLATFORM" MEANS A PERSON OR ENTITY  WHO,  PURSUANT  TO  AN
 AGREEMENT WITH A SHORT-TERM RENTAL HOST:
   (A)  PROVIDES  A  PLATFORM FOR COMPENSATION THROUGH WHICH UNAFFILIATED
 THIRD PARTY SHORT-TERM RENTAL HOSTS CAN OFFER TO RENT SHORT-TERM  RENTAL
 UNITS; AND
   (B) COLLECTS A FEE IN CONNECTION WITH EITHER:
   (I)  PROVIDING  THE FORUM IN WHICH, OR BY MEANS OF WHICH, THE OFFER OF
 OCCUPANCY OF A SHORT-TERM RENTAL UNIT IS ACCEPTED; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16153-01-0

 S. 8295                             2
 
   (II) PROVIDING THE FORUM IN WHICH A SHORT-TERM RENTAL HOST CAN LIST OR
 ADVERTISE SPACE IN A SHORT-TERM RENTAL UNIT.
   §  901.  SHORT-TERM  RENTAL  LICENSE OR PERMIT REQUIREMENTS. A HOSTING
 PLATFORM SHALL REQUIRE A SHORT-TERM RENTAL HOST WHO  OPERATES  A  SHORT-
 TERM  RENTAL  UNIT  WHICH  IS LOCATED IN A MUNICIPALITY WHICH REQUIRES A
 LICENSE OR PERMIT TO OPERATE SUCH SHORT-TERM RENTAL  UNIT  TO  SUBMIT  A
 COPY  OF  SUCH  LICENSE  OR  PERMIT  PRIOR TO PROVIDING SERVICES TO SUCH
 SHORT-TERM RENTAL HOST.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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