S T A T E O F N E W Y O R K
________________________________________________________________________
3198
2021-2022 Regular Sessions
I N A S S E M B L Y
January 22, 2021
___________
Introduced by M. of A. L. ROSENTHAL, DE LA ROSA, DINOWITZ, GOTTFRIED,
GLICK, CARROLL, SEAWRIGHT, PICHARDO, HEVESI, WALKER, QUART, ABBATE,
DAVILA, COLTON, BARNWELL, PHEFFER AMATO, ABINANTI, D. ROSENTHAL, NIOU,
BICHOTTE HERMELYN, RICHARDSON, JEAN-PIERRE, BRAUNSTEIN, WEPRIN,
J. RIVERA, FERNANDEZ -- Multi-Sponsored by -- M. of A. EPSTEIN, RAMOS,
SOLAGES -- 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 requiring advertisements for
certain accommodations to be submitted to the designated enforcement
agency
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The multiple dwelling law is amended by adding a new
section 15 to read as follows:
§ 15. ADVERTISEMENTS FOR THE USE OF DWELLING UNITS; REQUIRED DISCLO-
SURES. 1. A. ANY ONLINE PLATFORM OFFERING ADVERTISEMENT FOR ACCOMMO-
DATION IN A NEW YORK DWELLING FOR A PERIOD FEWER THAN THIRTY CONSECUTIVE
DAYS SHALL INCLUDE IN ITS TERMS OF SERVICE A CLAUSE REQUIRING ALL USERS
OF ANY ONLINE PLATFORM TO CONSENT TO THE DISCLOSURE OF INFORMATION LIST-
ED IN THIS SECTION TO THE DEPARTMENT. ANY ONLINE PLATFORM OFFERING
ADVERTISEMENT FOR ACCOMMODATION IN A DWELLING FOR A PERIOD OF FEWER THAN
THIRTY CONSECUTIVE DAYS SHALL SUBMIT THE FOLLOWING INFORMATION TO THE
DEPARTMENT BEFORE SUCH ADVERTISEMENT IS PERMITTED TO BE LISTED ON SUCH
PLATFORM:
(I) THE EXACT PHYSICAL ADDRESS OF THE DWELLING, INCLUDING THE STREET
NAME, STREET NUMBER, APARTMENT NUMBER, BOROUGH, TOWN AND COUNTY;
(II) THE FULL LEGAL NAME OF THE PERSON OFFERING ACCOMMODATION IN SUCH
DWELLING;
(III) CONTACT INFORMATION INCLUDING PHONE NUMBER AND EMAIL ADDRESS FOR
THE LOCAL HOST OR CO-HOST FOR SUCH DWELLING;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00836-01-1
A. 3198 2
(IV) THE CATEGORY OF THE DWELLING AS EITHER A PRIVATE DWELLING AS
DEFINED IN SUBDIVISION SIX OF SECTION FOUR OF THIS CHAPTER, CLASS A
MULTIPLE DWELLING AS DEFINED IN SUBDIVISION EIGHT OF SECTION FOUR OF
THIS CHAPTER OR CLASS B MULTIPLE DWELLING AS DEFINED IN SUBDIVISION NINE
OF SECTION FOUR OF THIS CHAPTER;
(V) WHETHER THE DWELLING IS COVERED BY A RENT CONTROL, RENT STABILIZA-
TION OR AFFORDABLE HOUSING PROGRAM AND IF SO, THE NAME OF SUCH PROGRAM;
(VI) WHETHER THE ENTIRE DWELLING OR JUST A PORTION OF SUCH DWELLING IS
MADE AVAILABLE UNDER THE LISTING BEING ADVERTISED; AND
(VII) WHETHER THE DWELLING IS THE PRIMARY RESIDENCE OF THE HOST.
B. THE MANNER OF THE SUBMISSIONS REQUIRED BY PARAGRAPH A OF THIS
SUBDIVISION SHALL BE DETERMINED BY THE DEPARTMENT.
2. ANY PERSON FOUND TO HAVE VIOLATED THE PROVISIONS OF SUBDIVISION ONE
OF THIS SECTION SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT MORE THAN ONE
THOUSAND DOLLARS FOR THE FIRST VIOLATION, FIVE THOUSAND DOLLARS FOR THE
SECOND VIOLATION AND SEVEN THOUSAND FIVE HUNDRED DOLLARS FOR THE THIRD
AND SUBSEQUENT VIOLATIONS.
3. FOR THE PURPOSES OF THIS SECTION, THE TERM "ADVERTISEMENT" SHALL
MEAN ANY FORM OF COMMUNICATION FOR MARKETING THAT IS USED TO ENCOURAGE,
PERSUADE OR MANIPULATE VIEWERS, READERS OR LISTENERS INTO CONTRACTING
FOR GOODS AND/OR SERVICES AS MAY BE VIEWED THROUGH VARIOUS MEDIA INCLUD-
ING, BUT NOT LIMITED TO, NEWSPAPERS, MAGAZINES, FLIERS, HANDBILLS, TELE-
VISION COMMERCIALS, RADIO, SIGNAGE, DIRECT MAIL, WEBSITES OR TEXT
MESSAGES.
4. NOTWITHSTANDING THE PROVISIONS OF SECTION THREE HUNDRED THREE OF
THIS CHAPTER, IN A CITY WITH A POPULATION OF ONE MILLION OR MORE THE
PROVISIONS OF THIS SECTION SHALL BE ENFORCED BY THE MAYOR'S OFFICE OF
SPECIAL ENFORCEMENT.
5. THIS SECTION SHALL NOT APPLY TO ADVERTISEMENTS OR OFFERS FOR OCCU-
PANCY OF SUCH DWELLING UNIT FOR FEWER THAN THIRTY CONSECUTIVE DAYS BY
OTHER NATURAL PERSONS LIVING WITHIN THE HOUSEHOLD OF THE PERMANENT OCCU-
PANT SUCH AS HOUSE GUESTS OR LAWFUL BOARDERS, ROOMERS OR LODGERS OR
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.
§ 2. Subchapter 3 of chapter 1 of title 27 of the administrative code
of the city of New York is amended by adding a new article 19 to read as
follows:
ARTICLE 19
ADVERTISEMENTS FOR CERTAIN
ACCOMMODATIONS
§ 27-287.5 ADVERTISEMENTS FOR CERTAIN ACCOMMODATIONS. 1. A. ANY
ONLINE PLATFORM OFFERING ADVERTISEMENT FOR ACCOMMODATION IN A NEW YORK
DWELLING FOR A PERIOD FEWER THAN THIRTY CONSECUTIVE DAYS SHALL INCLUDE
IN ITS TERMS OF SERVICE A CLAUSE REQUIRING ALL USERS OF ANY ONLINE PLAT-
FORM TO CONSENT TO THE DISCLOSURE OF INFORMATION TO THE MAYOR'S OFFICE
OF SPECIAL ENFORCEMENT. ANY ONLINE PLATFORM OFFERING ADVERTISEMENT FOR
ACCOMMODATION IN A DWELLING FOR A PERIOD OF FEWER THAN THIRTY CONSEC-
UTIVE DAYS SHALL SUBMIT THE FOLLOWING INFORMATION TO THE OFFICE BEFORE
SUCH ADVERTISEMENT IS PERMITTED TO BE LISTED ON SUCH PLATFORM:
(I) THE EXACT PHYSICAL ADDRESS OF THE DWELLING, INCLUDING THE STREET
NAME, STREET NUMBER, APARTMENT NUMBER, BOROUGH, TOWN AND COUNTY;
(II) THE FULL LEGAL NAME OF THE PERSON OFFERING ACCOMMODATION IN SUCH
DWELLING;
A. 3198 3
(III) CONTACT INFORMATION INCLUDING PHONE NUMBER AND EMAIL ADDRESS FOR
THE LOCAL HOST OR CO-HOST FOR SUCH DWELLING;
(IV) THE CATEGORY OF THE DWELLING AS EITHER A PRIVATE DWELLING AS
DEFINED IN SUBDIVISION SIX OF SECTION FOUR OF THE MULTIPLE DWELLING LAW,
CLASS A MULTIPLE DWELLING AS DEFINED IN SUBDIVISION EIGHT OF SECTION
FOUR OF THE MULTIPLE DWELLING LAW OR CLASS B MULTIPLE DWELLING AS
DEFINED IN SUBDIVISION NINE OF SECTION FOUR OF THE MULTIPLE DWELLING
LAW;
(V) WHETHER THE DWELLING IS COVERED BY A RENT CONTROL, RENT STABILIZA-
TION OR AFFORDABLE HOUSING PROGRAM AND IF SO, THE NAME OF SUCH PROGRAM;
(VI) WHETHER THE ENTIRE DWELLING OR JUST A PORTION OF SUCH DWELLING IS
MADE AVAILABLE UNDER THE LISTING BEING ADVERTISED; AND
(VII) WHETHER THE DWELLING IS THE PRIMARY RESIDENCE OF THE HOST.
B. THE MANNER OF THE SUBMISSIONS REQUIRED BY PARAGRAPH A OF THIS
SUBDIVISION SHALL BE DETERMINED BY THE MAYOR'S OFFICE OF SPECIAL
ENFORCEMENT.
2. THIS SECTION SHALL NOT APPLY TO ADVERTISEMENTS OR OFFERS FOR OCCU-
PANCY OF SUCH DWELLING UNIT FOR FEWER THAN THIRTY CONSECUTIVE DAYS BY
OTHER NATURAL PERSONS LIVING WITHIN THE HOUSEHOLD OF THE PERMANENT OCCU-
PANT SUCH AS HOUSE GUESTS OR LAWFUL BOARDERS, ROOMERS OR LODGERS OR
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.
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.