NY State Senate Bill S885B

Current Bill Status - On Floor Calendar

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
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Signed/Vetoed by Governor

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Actions

view actions (8)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2023	2nd report cal.
May 23, 2023	1st report cal.1267
May 18, 2023	print number 885b
May 18, 2023	amend and recommit to finance
May 15, 2023	reported and committed to finance
May 11, 2023	print number 885a
May 11, 2023	amend and recommit to housing, construction and community development
Jan 06, 2023	referred to housing, construction and community development

Votes

view votes

May 23, 2023 - Finance committee Vote

S885B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 15, 2023 - Housing, Construction and Community Development committee Vote

S885A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show committee vote details

Committee Vote: May 15, 2023

aye (7)

nay (2)

aye wr (2)

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S885 - Details

Law Section:: Multiple Residence Law
Laws Affected:: Add Art 2-A §§20 - 24-b, Mult Res L; add Art 2-A §§20 - 24-b, Mult Dwell L; amd §§1101, 1105, 1131, 1132, 1136 & 1142, add Art 29 Part 1 Subpart A §1200, Tax L

S885 - Summary

Relates to short-term residential rentals of private dwellings in certain municipalities.

S885 - Sponsor Memo

 
BILL NUMBER: S885

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the multiple residence law, the multiple dwelling law,
and the tax law, in relation to short-term residential rental of private
dwellings in certain municipalities

 
PURPOSE OR GENERAL IDEA OF BILL:

To create a registration system for short term rentals in New York State
and allow for the collection of sales tax & applicable occupancy tax
generated from such rentals to the state and localities.

 
SUMMARY OF PROVISIONS:

Section one amends the multiple residence law by adding a new article
2-a to establish the definitions, regulation, registration, exception,
penalties, enforcement, and data sharing of short-term residential
rental units.

Section two amends the multiple dwelling law by adding a new article 2-a
to establish the definitions, regulation, registration, exception,
penalties, enforcement, and data sharing of short-term residential
rental units.

Section three amends subdivision (c) of section 1101 of the tax law, as
added by chapter 93 of the laws of 1965, paragraphs 2, 3, 4 and 6 as
amended by section 2 and paragraph 8 as added by section 3 of part AA of
chapter 57 of the laws of 2010, and paragraph 5 as amended by chapter
575 of the laws of 1965.

Section four amends subdivision (e) of section 1105 of the tax law by
adding a new paragraph 3 to post the rent for every occupancy of a room
in a hotel or short-term rental offered for rent.

Section five amends subdivision one of section 1131 of the tax law to
define the entities responsible for the collection of applicable taxes.

Section six amends section 1132 of the tax law by adding a new subdivi-
sion (m) to outline the process of applicable tax collection and remit-
tance to appropriate taxing jurisdiction.

Section seven amends paragraph 4 of subdivision (a) of section 1136 of
the tax law to exclude the rent from occupancy of a short-term rental
unit facilitated by a booking service if the owner of such rental
returns to reside in such residence.

Section eight amends section 1142 of the tax law by adding a new subdi-
vision 16 to publish a list on the department's website of booking
services whose certificates of authority have been revoked.

Section nine amends subpart A of part 1 of article 29 of the tax law by
adding a new section 1200 to define hotels.

Section ten states that a county, city, town, or village government may
enact a local law prohibiting or further limiting the listing or use of
dwelling units as short-term residential rental units.
Section eleven sets the severability of this act if any application of
any provision is held to be invalid.

Section twelve states the effective date.

 
JUSTIFICATION:

New York State is facing a dire shortage of housing supply, specifically
affordable and workforce housing, which is causing instability across
our communities. While solving the housing crisis will take significant
investment and bold legislative action, one area of housing policy that
must be addressed is the extreme proliferation of short-term rentals.
Municipalities across upstate New York saw a record influx of relocated
residents and visitors alike, with Hudson and Kingston becoming the top
two moved-to-places in the country during the COVID-19 pandemic. For
many, the ability to welcome visitors for short-term stays has been a
welcomed source of income, and for our smaller cities and towns,
increased tourism has bolstered their economies.

However, while this resurgence played a significant, and unforeseen,
role in supporting our Main Streets and providing additional income
streams for local residents, it also caused an already precarious hous-
ing market to become nearly non-existent and has since turned good hous-
ing stock into vacation rentals taking these homes off the market indef-
initely. Municipalities need better tools to under stand how this
economic driver can help, without displacing local residents and
compounding an already growing problem all in the name of profit. Addi-
tionally, many of these same municipalities have been forced to spend
significant resources to manage their short-term rental issues, often
leaving neighboring towns with differing regulations. This causes
confusion among homeowners, visitors and law enforcement and forces
municipalities to spend resources they often don't have in order to
protect their residents.


This legislation, for the first time, develops statewide guidance on
short-term rentals, including a rental registry, in order to give muni-
cipalities the information and the revenue they need to make smart deci-
sions to help right-size the short-term rental market in their specific
communities. Also, municipalities with their own short-term rental
registration systems may continue to use them and short-term rentals in
those municipalities do not need to register with the state. Finally,
the tax collection provisions apply to short-term rentals statewide,
regardless of whether municipalities have their own registration
systems.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE 4ND LOCAL GOVERNMENTS:

This bill would actually increase revenue for the state and localities.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

S885 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    885
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by Sens. HINCHEY, KRUEGER -- 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, the multiple dwelling law,
   and the tax law, in  relation  to  short-term  residential  rental  of
   private dwellings in certain municipalities
 
   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.   EXCEPTIONS.
         24.   PENALTIES.
         24-A. ENFORCEMENT.
         24-B. DATA SHARING.
   § 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 WITHIN A DWELLING, MADE AVAILABLE FOR RENT BY GUESTS FOR LESS THAN
 THIRTY CONSECUTIVE DAYS, WHERE THE UNIT IS OFFERED FOR TOURIST OR  TRAN-
 SIENT USE BY THE SHORT-TERM RENTAL HOST OF THE RESIDENTIAL UNIT.
   2.  "SHORT-TERM  RENTAL HOST" MEANS A PERSON IN VALID LEGAL POSSESSION
 OF A SHORT-TERM RENTAL UNIT WHO RENTS SUCH UNIT TO GUESTS.
   3.  "BOOKING SERVICE" MEANS A PERSON OR ENTITY WHO, DIRECTLY OR  INDI-
 RECTLY:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02793-03-3
 S. 885                              2

 
   (A)  PROVIDES  ONE OR MORE ONLINE, COMPUTER OR APPLICATION-BASED PLAT-
 FORMS THAT INDIVIDUALLY OR COLLECTIVELY CAN BE USED TO:
   (I) LIST OR ADVERTISE OFFERS FOR SHORT-TERM RENTALS, AND
   (II)  EITHER  ACCEPT  SUCH OFFERS, OR RESERVE OR PAY FOR SUCH RENTALS;
 AND
   (B) CHARGES, COLLECTS OR RECEIVES A FEE FOR THE USE OF SUCH A PLATFORM
 OR FOR PROVISION OF ANY SERVICE IN CONNECTION WITH A SHORT-TERM  RENTAL.
 A  BOOKING  SERVICE  SHALL  NOT  BE CONSTRUED TO INCLUDE A PLATFORM THAT
 SOLELY LISTS OR ADVERTISES OFFERS FOR SHORT-TERM RENTALS.
   § 21. SHORT-TERM RESIDENTIAL RENTAL UNITS; REGULATION. 1. A SHORT-TERM
 RENTAL HOST MAY OPERATE A DWELLING  UNIT  AS  A  SHORT-TERM  RESIDENTIAL
 RENTAL UNIT PROVIDED SUCH DWELLING UNIT:
   (A)  IS REGISTERED IN ACCORDANCE WITH SECTION TWENTY-TWO OF THIS ARTI-
 CLE;
   (B) IS NOT USED TO PROVIDE SINGLE ROOM OCCUPANCY AS DEFINED BY  SUBDI-
 VISION FORTY-FOUR OF SECTION FOUR OF THIS CHAPTER;
   (C) INCLUDES A CONSPICUOUSLY POSTED EVACUATION DIAGRAM IDENTIFYING ALL
 MEANS OF EGRESS FROM THE UNIT AND THE BUILDING IN WHICH IT IS LOCATED;
   (D)  INCLUDES  A  CONSPICUOUSLY POSTED LIST OF EMERGENCY PHONE NUMBERS
 FOR POLICE, FIRE, AND POISON CONTROL;
   (E) HAS A WORKING FIRE-EXTINGUISHER; AND
   (F) IS INSURED BY AN INSURER LICENSED TO WRITE INSURANCE IN THIS STATE
 OR PROCURED BY A DULY LICENSED EXCESS LINE BROKER  PURSUANT  TO  SECTION
 TWO  THOUSAND ONE HUNDRED EIGHTEEN OF THE INSURANCE LAW FOR AT LEAST THE
 VALUE OF THE DWELLING, PLUS A MINIMUM OF THREE HUNDRED THOUSAND  DOLLARS
 COVERAGE FOR THIRD PARTY CLAIMS OF PROPERTY DAMAGE OR BODILY INJURY THAT
 ARISE  OUT OF THE OPERATION OF A SHORT-TERM RENTAL UNIT. NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW, NO INSURER SHALL BE REQUIRED TO PROVIDE SUCH
 COVERAGE.
   2. OCCUPANCIES OF A SHORT-TERM RENTAL UNIT SHALL BE SUBJECT  TO  TAXES
 AND  FEES  PURSUANT  TO ARTICLES TWENTY-EIGHT AND TWENTY-NINE OF THE TAX
 LAW AND APPLICABLE LOCAL LAWS.
   3. SHORT-TERM RENTAL HOSTS SHALL MAINTAIN  RECORDS  RELATED  TO  GUEST
 STAYS  FOR  TWO YEARS FOLLOWING THE END OF THE CALENDAR YEAR IN WHICH AN
 INDIVIDUAL RENTAL STAY OCCURRED, INCLUDING THE DATE  OF  EACH  STAY  AND
 NUMBER  OF  GUESTS,  THE COST FOR EACH STAY, INCLUDING RELEVANT TAX, AND
 RECORDS RELATED TO THEIR REGISTRATION AS SHORT-TERM  RENTAL  HOSTS  WITH
 THE DEPARTMENT OF STATE. AS A REQUIREMENT FOR REGISTRATION UNDER SECTION
 TWENTY-TWO  OF  THIS  ARTICLE,  HOSTS SHALL PROVIDE THESE RECORDS TO THE
 DEPARTMENT OF STATE ON AN ANNUAL BASIS. THE DEPARTMENT SHALL SHARE  THIS
 REPORT  WITH  COUNTY,  CITY, TOWN, OR VILLAGE GOVERNMENTS AND SHALL MAKE
 SUCH REPORTS AVAILABLE TO  LOCAL  MUNICIPAL  ENFORCEMENT  AGENCIES  UPON
 REQUEST.
   4.  NOTWITHSTANDING  THE PROVISIONS OF ANY OTHER LAW OR ADMINISTRATIVE
 ACTION TO THE CONTRARY, BOOKING SERVICES SHALL DEVELOP  AND  MAINTAIN  A
 REPORT  RELATED  TO  SHORT-TERM RENTAL UNIT GUEST STAYS THAT THE BOOKING
 SERVICE HAS FACILITATED IN THE STATE FOR TWO YEARS FOLLOWING THE END  OF
 THE  CALENDAR  YEAR  IN  WHICH  AN  INDIVIDUAL RENTAL STAY OCCURRED. THE
 REPORT SHALL INCLUDE THE DATES OF EACH STAY AND THE  NUMBER  OF  GUESTS,
 THE  COST  FOR  EACH STAY, INCLUDING RELEVANT TAX, THE PHYSICAL ADDRESS,
 INCLUDING ANY UNIT DESIGNATION, OF EACH SHORT-TERM RENTAL  UNIT  BOOKED,
 THE  FULL  LEGAL  NAME  OF  EACH SHORT-TERM RENTAL UNIT'S HOST, AND EACH
 SHORT-TERM RENTAL UNIT'S REGISTRATION NUMBER.   IN THE EVENT  A  BOOKING
 SERVICE DOES NOT ADHERE TO SUBDIVISION TWO OF SECTION TWENTY-TWO OF THIS
 ARTICLE, OR MORE INFORMATION IS DEEMED NECESSARY BY  THE  DEPARTMENT  OF
 STATE, THE DEPARTMENT MAY ACCESS THIS REPORT AND/OR ALL RELEVANT RECORDS
 S. 885                              3
 
 FROM A BOOKING SERVICE  IN RESPONSE TO VALID LEGAL PROCESS.  THE DEPART-
 MENT  SHALL SHARE THIS REPORT AND/OR RECORDS WITH COUNTY, CITY, TOWN, OR
 VILLAGE GOVERNMENTS AND SHALL  MAKE  SUCH  REPORTS  AVAILABLE  TO  LOCAL
 MUNICIPAL ENFORCEMENT AGENCIES WHEN LAWFULLY REQUESTED.
   5.  IT  SHALL  BE  UNLAWFUL FOR A BOOKING SERVICE TO COLLECT A FEE FOR
 FACILITATING BOOKING  TRANSACTIONS  FOR  SHORT-TERM  RESIDENTIAL  RENTAL
 UNITS  LOCATED IN THIS STATE IF THE SHORT-TERM RENTAL UNIT AND ITS OWNER
 OR TENANT HAVE NOT BEEN ISSUED A  CURRENT,  VALID  REGISTRATION  BY  THE
 DEPARTMENT OF STATE OR AN APPLICABLE MUNICIPALITY.
   6.  THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO ALL SHORT-TERM RESI-
 DENTIAL RENTAL UNITS IN THE STATE; PROVIDED,  HOWEVER,  THAT  A  MUNICI-
 PALITY  THAT HAS ITS OWN SHORT-TERM RESIDENTIAL RENTAL UNIT REGISTRY MAY
 CONTINUE SUCH REGISTRY AND ALL SHORT-TERM RESIDENTIAL  RENTAL  UNITS  IN
 SUCH MUNICIPALITY SHALL BE REQUIRED TO BE REGISTERED WITH SUCH MUNICIPAL
 REGISTRY  AND  SHALL  NOT BE REQUIRED TO REGISTER WITH THE DEPARTMENT OF
 STATE. MUNICIPALITIES WITH SHORT-TERM RESIDENTIAL RENTAL UNIT REGISTRIES
 SHALL MAINTAIN THE AUTHORITY TO MANAGE SUCH REGISTRIES; PROVIDED, HOWEV-
 ER, THAT SUCH MUNICIPALITIES SHALL  PROVIDE  INFORMATION  ON  SHORT-TERM
 RESIDENTIAL  RENTAL  UNITS  REGISTERED  WITHIN  SUCH MUNICIPALITY TO THE
 DEPARTMENT OF STATE, AS REQUIRED BY THE DEPARTMENT,  IN  ORDER  FOR  THE
 DEPARTMENT  TO MAINTAIN A CURRENT DATABASE OF ALL SHORT-TERM RESIDENTIAL
 UNITS REGISTERED WITHIN THE STATE.  MUNICIPALITIES WITH SHORT-TERM RESI-
 DENTIAL RENTAL UNIT REGISTRIES SHALL NOT BE SUBJECT  TO  THE  REGULATION
 REQUIREMENTS OF THIS SECTION AND MAY ESTABLISH REGISTRATION REQUIREMENTS
 AND  REGULATIONS IN SUCH MUNICIPALITY WHICH MAY DIFFER FROM THE REQUIRE-
 MENTS OF THIS SECTION.
   § 22. REGISTRATION. 1. SHORT-TERM RENTAL HOSTS SHALL  BE  REQUIRED  TO
 REGISTER  A  SHORT-TERM  RESIDENTIAL  RENTAL UNIT WITH THE DEPARTMENT OF
 STATE OR WITH THE MUNICIPALITY WHERE SUCH SHORT-TERM RESIDENTIAL UNIT IS
 LOCATED IF SUCH MUNICIPALITY HAS A REGISTRATION SYSTEM; PROVIDED, HOWEV-
 ER, THAT THE DEPARTMENT OF STATE SHALL  NOT  ACCEPT  AN  APPLICATION  TO
 REGISTER A SHORT-TERM RESIDENTIAL RENTAL UNIT FOR A UNIT THAT IS LOCATED
 IN  A  MUNICIPALITY  WHICH  HAS ITS OWN REGISTRATION SYSTEM AND THAT HAS
 NOTIFIED THE DEPARTMENT OF STATE OF SUCH REGISTRATION SYSTEM.
   (A) REGISTRATION WITH THE DEPARTMENT OF STATE SHALL BE VALID  FOR  TWO
 YEARS,  AFTER WHICH TIME THE SHORT-TERM RENTAL HOST MAY RENEW HIS OR HER
 REGISTRATION IN A MANNER PRESCRIBED BY  THE  DEPARTMENT  OF  STATE.  THE
 DEPARTMENT  OF  STATE MAY REVOKE THE REGISTRATION OF A SHORT-TERM RENTAL
 HOST UPON A DETERMINATION THAT THE SHORT-TERM RENTAL HOST  HAS  VIOLATED
 ANY  PROVISION  OF  THIS  ARTICLE  AT  LEAST THREE TIMES IN TWO CALENDAR
 YEARS, AND MAY DETERMINE THAT THE SHORT-TERM RENTAL HOST SHALL BE INELI-
 GIBLE FOR REGISTRATION FOR A PERIOD OF UP TO TWELVE MONTHS FROM THE DATE
 OF SUCH DETERMINATION OR AT THE REQUEST  OF  A  MUNICIPALITY  WHEN  SUCH
 MUNICIPALITY REQUESTS SUCH REVOCATION DUE TO ILLEGAL OCCUPANCY.  LISTING
 OR  USING  A DWELLING UNIT, OR PORTION THEREOF, AS A SHORT-TERM RESIDEN-
 TIAL RENTAL UNIT WITHOUT CURRENT, VALID REGISTRATION SHALL  BE  UNLAWFUL
 AND  SHALL  MAKE PERSONS WHO LIST OR USE SUCH UNIT INELIGIBLE FOR REGIS-
 TRATION FOR A PERIOD OF TWELVE MONTHS FROM THE DATE A  DETERMINATION  IS
 MADE THAT A VIOLATION HAS OCCURRED.
   (B) A SHORT-TERM RENTAL HOST SHALL INCLUDE THEIR CURRENT, VALID REGIS-
 TRATION  NUMBER  ON ALL OFFERINGS, LISTINGS OR ADVERTISEMENTS FOR SHORT-
 TERM RENTAL GUEST STAYS.
   (C) A TENANT, OR OTHER PERSON THAT DOES NOT OWN A UNIT THAT IS USED AS
 A SHORT-TERM RENTAL UNIT BUT IS IN VALID LEGAL POSSESSION  OF  A  SHORT-
 TERM RESIDENTIAL RENTAL UNIT, SHALL NOT QUALIFY FOR REGISTRATION IF THEY
 ARE NOT THE PERMANENT OCCUPANT OF THE DWELLING UNIT IN QUESTION AND HAVE
 S. 885                              4
 
 NOT  BEEN  GRANTED PERMISSION IN WRITING BY THE OWNER FOR ITS SHORT-TERM
 RENTAL, TO BE VERIFIED BY THE DEPARTMENT OF STATE  OR  ANY  MUNICIPALITY
 WITH ITS OWN REGISTRATION SYSTEM.
   (D)  THE  DEPARTMENT  OF  STATE SHALL MAKE AVAILABLE TO  PLATFORMS THE
 DATA NECESSARY TO ALLOW BOOKING PLATFORMS  TO  VERIFY  THE  REGISTRATION
 STATUS  OF  A  SHORT-TERM  RESIDENTIAL  RENTAL UNIT AND THAT THE UNIT IS
 ASSOCIATED WITH THE SHORT-TERM RENTAL HOST WHO REGISTERED THE UNIT.
   (E) THE SHORT-TERM RENTAL HOST SHALL PAY APPLICATION AND RENEWAL  FEES
 IN AN AMOUNT TO BE ESTABLISHED BY THE DEPARTMENT OF STATE.
   (F)  THERE  SHALL  BE A FEE FOR THE USE OF THE ELECTRONIC VERIFICATION
 SYSTEM IN AN AMOUNT TO BE ESTABLISHED BY THE DEPARTMENT OF  STATE.  SUCH
 FEE  SHALL  NOT  EXCEED  THE  COST  TO BUILD, OPERATE, AND MAINTAIN SUCH
 SYSTEM.
   2. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW  OR  ADMINISTRATIVE
 ACTION  TO  THE  CONTRARY, IT SHALL BE UNLAWFUL FOR A BOOKING SERVICE TO
 COLLECT A FEE FOR FACILITATING BOOKING TRANSACTIONS FOR SHORT-TERM RESI-
 DENTIAL RENTAL UNITS LOCATED IN THIS  STATE  WITHOUT  FIRST  REGISTERING
 WITH THE DEPARTMENT OF STATE. ACCORDINGLY, BOOKING SERVICES SHALL ADHERE
 TO  THE  FOLLOWING,  IN ADDITION TO OTHER REGULATIONS ESTABLISHED BY THE
 DEPARTMENT, AS CONDITIONS OF SUCH REGISTRATION:
   (A) BOOKING SERVICES SHALL PROVIDE TO THE DEPARTMENT  ON  A  QUARTERLY
 BASIS,  IN  A  FORM  AND  MANNER TO BE DETERMINED BY THE DEPARTMENT, THE
 REPORT DEVELOPED AND MAINTAINED BY THE  BOOKING  SERVICE  IN  ACCORDANCE
 WITH SUBDIVISION FOUR OF SECTION TWENTY-ONE OF THIS ARTICLE. THE DEPART-
 MENT SHALL SHARE THIS REPORT WITH COUNTY, CITY, TOWN, OR VILLAGE GOVERN-
 MENTS  AND SHALL MAKE SUCH REPORTS AVAILABLE TO LOCAL MUNICIPAL ENFORCE-
 MENT AGENCIES WHEN LAWFULLY REQUESTED.
   (B) A BOOKING SERVICE  SHALL  PROVIDE  AGREEMENT  IN  WRITING  TO  THE
 DEPARTMENT THAT IT WILL:
   (I)  OBTAIN WRITTEN CONSENT FROM ALL SHORT-TERM RENTAL HOSTS INTENDING
 TO UTILIZE THEIR  PLATFORM,  FOR  SHORT-TERM  RESIDENTIAL  RENTAL  UNITS
 LOCATED IN THIS STATE, FOR THE DISCLOSURE OF THE INFORMATION PURSUANT TO
 SUBDIVISION  FOUR  OF  SECTION TWENTY-ONE OF THIS ARTICLE, IN ACCORDANCE
 WITH PARAGRAPH (A) OF THIS SUBDIVISION; AND
   (II) FURNISH THE INFORMATION IDENTIFIED PURSUANT TO  SUBDIVISION  FOUR
 OF  SECTION TWENTY-ONE OF THIS ARTICLE, IN ACCORDANCE WITH PARAGRAPH (A)
 OF THIS SUBDIVISION.
   3. THE DEPARTMENT OF STATE SHALL SET A FEE FOR SHORT-TERM  RESIDENTIAL
 RENTAL UNIT AND BOOKING SERVICE REGISTRATION WITH THE DEPARTMENT.
   §  23.  EXCEPTIONS. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO
 THE CONTRARY, THIS ARTICLE SHALL NOT APPLY TO:
   1.   INCIDENTAL AND OCCASIONAL OCCUPANCY OF  SUCH  DWELLING  UNIT  FOR
 FEWER  THAN  THIRTY CONSECUTIVE DAYS BY OTHER 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
   2. A MUNICIPALITY WHICH DOES NOT ALLOW SHORT-TERM RESIDENTIAL RENTALS;
 PROVIDED, HOWEVER, THAT SUCH MUNICIPALITY  SHALL  REQUEST  AN  EXCEPTION
 FROM THIS ARTICLE; OR
   3. TEMPORARY HOUSING OR LODGING PERMITTED BY THE DEPARTMENT OF HEALTH.
   §  24.  PENALTIES.  NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO
 THE CONTRARY:
   1. ANY BOOKING SERVICE WHICH COLLECTS A FEE RELATED TO BOOKING A  UNIT
 AS  A SHORT-TERM RENTAL, WHERE SUCH UNIT IS NOT REGISTERED IN ACCORDANCE
 WITH THIS ARTICLE, SHALL BE FINED TWO HUNDRED DOLLARS PER VIOLATION  PER
 DAY.  EACH  DAY'S  FAILURE  TO  COMPLY WITH A NOTICE OF VIOLATION OR ANY
 S. 885                              5
 
 OTHER ORDER SHALL CONSTITUTE A  SEPARATE  VIOLATION.  THE  SECRETARY  OF
 STATE  OR  THEIR  DESIGNEE  MAY  ALSO SEEK AN INJUNCTION FROM A COURT OF
 COMPETENT JURISDICTION PROHIBITING THE COLLECTION OF ANY  FEES  RELATING
 TO  THE  OFFERING  OR  RENTING  OF  THE UNIT AS A SHORT-TERM RESIDENTIAL
 RENTAL.
   2. ANY PERSON WHO OFFERS A SHORT-TERM RESIDENTIAL RENTAL UNIT  WITHOUT
 REGISTERING  WITH  THE  DEPARTMENT  OF  STATE  OR MUNICIPAL REGISTRATION
 SYSTEM, OR ANY PERSON WHO  OFFERS  AN  ELIGIBLE  SHORT-TERM  RESIDENTIAL
 RENTAL  UNIT AS A SHORT-TERM RENTAL WHILE THE UNIT'S REGISTRATION ON THE
 SHORT-TERM RESIDENTIAL RENTAL UNIT REGISTRY IS SUSPENDED, SHALL BE FINED
 TWO HUNDRED DOLLARS PER VIOLATION PER DAY. EACH DAY'S FAILURE TO  COMPLY
 WITH  A  NOTICE OF VIOLATION OR ANY OTHER ORDER SHALL CONSTITUTE A SEPA-
 RATE VIOLATION.
   3. ANY PERSON WHO FAILS TO COMPLY WITH  ANY  NOTICE  OF  VIOLATION  OR
 OTHER  ORDER  ISSUED PURSUANT TO THIS ARTICLE BY THE DEPARTMENT OF STATE
 FOR A VIOLATION OF ANY PROVISION OF THIS  ARTICLE  SHALL  BE  FINED  TWO
 HUNDRED DOLLARS PER VIOLATION PER DAY. EACH DAY'S FAILURE TO COMPLY WITH
 A  NOTICE  OF  VIOLATION  OR ANY OTHER ORDER SHALL CONSTITUTE A SEPARATE
 VIOLATION.
   § 24-A. ENFORCEMENT. 1. THE PROVISIONS OF THIS ARTICLE MAY BE ENFORCED
 IN ACCORDANCE WITH ARTICLE EIGHT OF THIS CHAPTER.
   2. THE DEPARTMENT OF STATE MAY ENTER INTO AGREEMENTS  WITH  A  BOOKING
 SERVICE  FOR  ASSISTANCE  IN  ENFORCING  THE PROVISIONS OF THIS SECTION,
 INCLUDING BUT NOT LIMITED TO AN AGREEMENT WHEREBY  THE  BOOKING  SERVICE
 AGREES  TO  REMOVE A LISTING FROM ITS PLATFORM THAT IS DEEMED INELIGIBLE
 FOR USE AS A SHORT-TERM RESIDENTIAL RENTAL UNIT UNDER THE PROVISIONS  OF
 THIS  ARTICLE,  AND  WHEREBY  THE  BOOKING  SERVICE AGREES TO PROHIBIT A
 SHORT-TERM RENTAL HOST FROM LISTING ANY LISTING WITHOUT A  VALID  REGIS-
 TRATION NUMBER.
   3.  THE  ATTORNEY GENERAL SHALL BE AUTHORIZED TO BRING AN ACTION FOR A
 VIOLATION OF THIS ARTICLE FOR  ANY  SUCH  VIOLATIONS  OCCURRING  IN  THE
 STATE.
   4. A MUNICIPALITY THAT DOES NOT HAVE ITS OWN REGISTRATION SYSTEM SHALL
 BE  ENTITLED  TO BRING AN ACTION FOR A VIOLATION OF THIS ARTICLE FOR ANY
 SUCH VIOLATIONS OF THIS ARTICLE OCCURRING  IN  THE  MUNICIPALITY,  AFTER
 NOTIFYING THE ATTORNEY GENERAL.
   §  24-B.  DATA SHARING.  BOOKING SERVICES SHALL PROVIDE TO THE DEPART-
 MENT OF STATE AND MUNICIPALITIES, ON  A  MONTHLY  BASIS,  AN  ELECTRONIC
 REPORT,  IN  A FORMAT DETERMINED BY THE DEPARTMENT OF STATE OF THE LIST-
 INGS MAINTAINED, AUTHORIZED, FACILITATED OR ADVERTISED  BY  THE  BOOKING
 SERVICE WITHIN THE STATE FOR THE APPLICABLE REPORTING PERIOD. THE REPORT
 SHALL  INCLUDE  THE  REGISTRATION  NUMBER,  AND A BREAKDOWN OF WHERE THE
 LISTINGS ARE LOCATED, WHETHER THE LISTING IS FOR A  PARTIAL  UNIT  OR  A
 WHOLE  UNIT,  AND  SHALL  INCLUDE  THE  NUMBER  OF  NIGHTS EACH UNIT WAS
 REPORTED AS OCCUPIED DURING THE APPLICABLE REPORTING PERIOD.
   § 2. The multiple dwelling law is amended by adding a new article  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.   EXCEPTIONS.
         24.   PENALTIES.
         24-A. ENFORCEMENT.
 S. 885                              6
 
         24-B. DATA SHARING.
   §  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 WITHIN A DWELLING, MADE AVAILABLE FOR RENT BY GUESTS FOR LESS THAN
 THIRTY  CONSECUTIVE DAYS, WHERE THE UNIT IS OFFERED FOR TOURIST OR TRAN-
 SIENT USE BY THE SHORT-TERM RENTAL HOST OF THE RESIDENTIAL UNIT.
   2. "SHORT-TERM RENTAL HOST" MEANS A PERSON IN VALID  LEGAL  POSSESSION
 OF A SHORT-TERM RENTAL UNIT WHO RENTS SUCH UNIT TO GUESTS.
   3.  "BOOKING  SERVICE" MEANS A PERSON OR ENTITY WHO, DIRECTLY OR INDI-
 RECTLY:
   (A) PROVIDES ONE OR MORE ONLINE, COMPUTER OR  APPLICATION-BASED  PLAT-
 FORMS THAT INDIVIDUALLY OR COLLECTIVELY CAN BE USED TO:
   (I) LIST OR ADVERTISE OFFERS FOR SHORT-TERM RENTALS, AND
   (II)  EITHER  ACCEPT  SUCH OFFERS, OR RESERVE OR PAY FOR SUCH RENTALS;
 AND
   (B) CHARGES, COLLECTS OR RECEIVES A FEE FOR THE USE OF SUCH A PLATFORM
 OR FOR PROVISION OF ANY SERVICE IN CONNECTION WITH A SHORT-TERM  RENTAL.
 A  BOOKING  SERVICE  SHALL  NOT  BE CONSTRUED TO INCLUDE A PLATFORM THAT
 SOLELY LISTS OR ADVERTISES OFFERS FOR SHORT-TERM RENTALS.
   § 21. SHORT-TERM RESIDENTIAL RENTAL UNITS; REGULATION. 1. A SHORT-TERM
 RENTAL HOST MAY OPERATE A DWELLING  UNIT  AS  A  SHORT-TERM  RESIDENTIAL
 RENTAL UNIT PROVIDED SUCH DWELLING UNIT:
   (A)  IS REGISTERED IN ACCORDANCE WITH SECTION TWENTY-TWO OF THIS ARTI-
 CLE;
   (B) IS NOT USED TO PROVIDE SINGLE ROOM OCCUPANCY AS DEFINED BY  SUBDI-
 VISION SIXTEEN OF SECTION FOUR OF THIS CHAPTER;
   (C) INCLUDES A CONSPICUOUSLY POSTED EVACUATION DIAGRAM IDENTIFYING ALL
 MEANS OF EGRESS FROM THE UNIT AND THE BUILDING IN WHICH IT IS LOCATED;
   (D)  INCLUDES  A  CONSPICUOUSLY POSTED LIST OF EMERGENCY PHONE NUMBERS
 FOR POLICE, FIRE, AND POISON CONTROL;
   (E) HAS A WORKING FIRE-EXTINGUISHER; AND
   (F) IS INSURED BY AN INSURER LICENSED TO WRITE INSURANCE IN THIS STATE
 OR PROCURED BY A DULY LICENSED EXCESS LINE BROKER  PURSUANT  TO  SECTION
 TWO  THOUSAND ONE HUNDRED EIGHTEEN OF THE INSURANCE LAW FOR AT LEAST THE
 VALUE OF THE DWELLING, PLUS A MINIMUM OF THREE HUNDRED THOUSAND  DOLLARS
 COVERAGE FOR THIRD PARTY CLAIMS OF PROPERTY DAMAGE OR BODILY INJURY THAT
 ARISE OUT OF THE OPERATION OF A SHORT-TERM RENTAL UNIT.  NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW, NO INSURER SHALL BE REQUIRED TO PROVIDE SUCH
 COVERAGE.
   2.  OCCUPANCIES  OF A SHORT-TERM RENTAL UNIT SHALL BE SUBJECT TO TAXES
 AND FEES PURSUANT TO ARTICLES TWENTY-EIGHT AND TWENTY-NINE  OF  THE  TAX
 LAW AND APPLICABLE LOCAL LAWS.
   3.  SHORT-TERM  RENTAL  HOSTS  SHALL MAINTAIN RECORDS RELATED TO GUEST
 STAYS FOR TWO YEARS FOLLOWING THE END OF THE CALENDAR YEAR IN  WHICH  AN
 INDIVIDUAL  RENTAL  STAY  OCCURRED,  INCLUDING THE DATE OF EACH STAY AND
 NUMBER OF GUESTS, THE COST FOR EACH STAY, INCLUDING  RELEVANT  TAX,  AND
 RECORDS  RELATED  TO  THEIR REGISTRATION AS SHORT-TERM RENTAL HOSTS WITH
 THE DEPARTMENT OF STATE. AS A REQUIREMENT FOR REGISTRATION UNDER SECTION
 TWENTY-TWO OF THIS ARTICLE, HOSTS SHALL PROVIDE  THESE  RECORDS  TO  THE
 DEPARTMENT  OF STATE ON AN ANNUAL BASIS. THE DEPARTMENT SHALL SHARE THIS
 REPORT WITH COUNTY, CITY, TOWN, OR VILLAGE GOVERNMENTS  AND  SHALL  MAKE
 SUCH  REPORTS  AVAILABLE  TO  LOCAL  MUNICIPAL ENFORCEMENT AGENCIES UPON
 REQUEST.
 S. 885                              7
 
   4. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW  OR  ADMINISTRATIVE
 ACTION  TO  THE  CONTRARY, BOOKING SERVICES SHALL DEVELOP AND MAINTAIN A
 REPORT RELATED TO SHORT-TERM RENTAL UNIT GUEST STAYS  THAT  THE  BOOKING
 SERVICE  HAS FACILITATED IN THE STATE FOR TWO YEARS FOLLOWING THE END OF
 THE  CALENDAR  YEAR  IN  WHICH  AN  INDIVIDUAL RENTAL STAY OCCURRED. THE
 REPORT SHALL INCLUDE THE DATES OF EACH STAY AND THE  NUMBER  OF  GUESTS,
 THE  COST  FOR  EACH STAY, INCLUDING RELEVANT TAX, THE PHYSICAL ADDRESS,
 INCLUDING ANY UNIT DESIGNATION, OF EACH SHORT-TERM RENTAL  UNIT  BOOKED,
 THE  FULL  LEGAL  NAME  OF  EACH SHORT-TERM RENTAL UNIT'S HOST, AND EACH
 SHORT-TERM RENTAL UNIT'S REGISTRATION NUMBER. IN  THE  EVENT  A  BOOKING
 SERVICE DOES NOT ADHERE TO SUBDIVISION TWO OF SECTION TWENTY-TWO OF THIS
 ARTICLE,  OR  MORE  INFORMATION IS DEEMED NECESSARY BY THE DEPARTMENT OF
 STATE, THE DEPARTMENT MAY ACCESS THIS REPORT AND/OR ALL RELEVANT RECORDS
 FROM A BOOKING SERVICE IN RESPONSE TO VALID LEGAL PROCESS.  THE  DEPART-
 MENT  SHALL SHARE THIS REPORT AND/OR RECORDS WITH COUNTY, CITY, TOWN, OR
 VILLAGE GOVERNMENTS AND SHALL  MAKE  SUCH  REPORTS  AVAILABLE  TO  LOCAL
 MUNICIPAL ENFORCEMENT AGENCIES WHEN LAWFULLY REQUESTED.
   5.  IT  SHALL  BE  UNLAWFUL FOR A BOOKING SERVICE TO COLLECT A FEE FOR
 FACILITATING BOOKING  TRANSACTIONS  FOR  SHORT-TERM  RESIDENTIAL  RENTAL
 UNITS  LOCATED IN THIS STATE IF THE SHORT-TERM RENTAL UNIT AND ITS OWNER
 OR TENANT HAVE NOT BEEN ISSUED A  CURRENT,  VALID  REGISTRATION  BY  THE
 DEPARTMENT OF STATE OR AN APPLICABLE MUNICIPALITY.
   6.  THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO ALL SHORT-TERM RESI-
 DENTIAL RENTAL UNITS IN THE STATE; PROVIDED,  HOWEVER,  THAT  A  MUNICI-
 PALITY  THAT HAS ITS OWN SHORT-TERM RESIDENTIAL RENTAL UNIT REGISTRY MAY
 CONTINUE SUCH REGISTRY AND ALL SHORT-TERM RESIDENTIAL  RENTAL  UNITS  IN
 SUCH MUNICIPALITY SHALL BE REQUIRED TO BE REGISTERED WITH SUCH MUNICIPAL
 REGISTRY  AND  SHALL  NOT BE REQUIRED TO REGISTER WITH THE DEPARTMENT OF
 STATE. MUNICIPALITIES WITH SHORT-TERM RESIDENTIAL RENTAL UNIT REGISTRIES
 SHALL MAINTAIN THE AUTHORITY TO MANAGE SUCH REGISTRIES; PROVIDED, HOWEV-
 ER, THAT SUCH MUNICIPALITIES SHALL  PROVIDE  INFORMATION  ON  SHORT-TERM
 RESIDENTIAL  RENTAL  UNITS  REGISTERED  WITHIN  SUCH MUNICIPALITY TO THE
 DEPARTMENT OF STATE, AS REQUIRED BY THE DEPARTMENT,  IN  ORDER  FOR  THE
 DEPARTMENT  TO MAINTAIN A CURRENT DATABASE OF ALL SHORT-TERM RESIDENTIAL
 UNITS REGISTERED WITHIN THE STATE. MUNICIPALITIES WITH SHORT-TERM  RESI-
 DENTIAL  RENTAL  UNIT  REGISTRIES SHALL NOT BE SUBJECT TO THE REGULATION
 REQUIREMENTS OF THIS SECTION AND MAY ESTABLISH REGISTRATION REQUIREMENTS
 AND REGULATIONS IN SUCH MUNICIPALITY WHICH MAY DIFFER FROM THE  REQUIRE-
 MENTS OF THIS SECTION.
   §  22.  REGISTRATION.  1. SHORT-TERM RENTAL HOSTS SHALL BE REQUIRED TO
 REGISTER A SHORT-TERM RESIDENTIAL RENTAL UNIT  WITH  THE  DEPARTMENT  OF
 STATE OR WITH THE MUNICIPALITY WHERE SUCH SHORT-TERM RESIDENTIAL UNIT IS
 LOCATED IF SUCH MUNICIPALITY HAS A REGISTRATION SYSTEM; PROVIDED, HOWEV-
 ER,  THAT  THE  DEPARTMENT  OF  STATE SHALL NOT ACCEPT AN APPLICATION TO
 REGISTER A SHORT-TERM RESIDENTIAL RENTAL UNIT FOR A UNIT THAT IS LOCATED
 IN A MUNICIPALITY WHICH HAS ITS OWN REGISTRATION  SYSTEM  AND  THAT  HAS
 NOTIFIED THE DEPARTMENT OF STATE OF SUCH REGISTRATION SYSTEM.
   (A)  REGISTRATION  WITH THE DEPARTMENT OF STATE SHALL BE VALID FOR TWO
 YEARS, AFTER WHICH TIME THE SHORT-TERM RENTAL HOST MAY RENEW HIS OR  HER
 REGISTRATION  IN  A  MANNER  PRESCRIBED  BY THE DEPARTMENT OF STATE. THE
 DEPARTMENT OF STATE MAY REVOKE THE REGISTRATION OF A  SHORT-TERM  RENTAL
 HOST  UPON  A DETERMINATION THAT THE SHORT-TERM RENTAL HOST HAS VIOLATED
 ANY PROVISION OF THIS ARTICLE AT  LEAST  THREE  TIMES  IN  TWO  CALENDAR
 YEARS, AND MAY DETERMINE THAT THE SHORT-TERM RENTAL HOST SHALL BE INELI-
 GIBLE FOR REGISTRATION FOR A PERIOD OF UP TO TWELVE MONTHS FROM THE DATE
 OF  SUCH  DETERMINATION  OR  AT  THE REQUEST OF A MUNICIPALITY WHEN SUCH
 S. 885                              8
 
 MUNICIPALITY REQUESTS SUCH REVOCATION DUE TO ILLEGAL OCCUPANCY.  LISTING
 OR  USING  A DWELLING UNIT, OR PORTION THEREOF, AS A SHORT-TERM RESIDEN-
 TIAL RENTAL UNIT WITHOUT CURRENT, VALID REGISTRATION SHALL  BE  UNLAWFUL
 AND  SHALL  MAKE PERSONS WHO LIST OR USE SUCH UNIT INELIGIBLE FOR REGIS-
 TRATION FOR A PERIOD OF TWELVE MONTHS FROM THE DATE A  DETERMINATION  IS
 MADE THAT A VIOLATION HAS OCCURRED.
   (B) A SHORT-TERM RENTAL HOST SHALL INCLUDE THEIR CURRENT, VALID REGIS-
 TRATION  NUMBER  ON ALL OFFERINGS, LISTINGS OR ADVERTISEMENTS FOR SHORT-
 TERM RENTAL GUEST STAYS.
   (C) A TENANT, OR OTHER PERSON THAT DOES NOT OWN A UNIT THAT IS USED AS
 A SHORT-TERM RENTAL UNIT BUT IS IN VALID LEGAL POSSESSION  OF  A  SHORT-
 TERM RESIDENTIAL RENTAL UNIT, SHALL NOT QUALIFY FOR REGISTRATION IF THEY
 ARE NOT THE PERMANENT OCCUPANT OF THE DWELLING UNIT IN QUESTION AND HAVE
 NOT  BEEN  GRANTED PERMISSION IN WRITING BY THE OWNER FOR ITS SHORT-TERM
 RENTAL, TO BE VERIFIED BY THE DEPARTMENT OF STATE  OR  ANY  MUNICIPALITY
 WITH ITS OWN REGISTRATION SYSTEM.
   (D) THE DEPARTMENT OF STATE SHALL MAKE AVAILABLE TO PLATFORMS THE DATA
 NECESSARY  TO  ALLOW BOOKING PLATFORMS TO VERIFY THE REGISTRATION STATUS
 OF A SHORT-TERM RESIDENTIAL RENTAL UNIT AND THAT THE UNIT IS  ASSOCIATED
 WITH THE SHORT-TERM RENTAL HOST WHO REGISTERED THE UNIT.
   (E)  THE SHORT-TERM RENTAL HOST SHALL PAY APPLICATION AND RENEWAL FEES
 IN AN AMOUNT TO BE ESTABLISHED BY THE DEPARTMENT OF STATE.
   (F) THERE SHALL BE A FEE FOR THE USE OF  THE  ELECTRONIC  VERIFICATION
 SYSTEM  IN  AN AMOUNT TO BE ESTABLISHED BY THE DEPARTMENT OF STATE. SUCH
 FEE SHALL NOT EXCEED THE COST  TO  BUILD,  OPERATE,  AND  MAINTAIN  SUCH
 SYSTEM.
   2.  NOTWITHSTANDING  THE PROVISIONS OF ANY OTHER LAW OR ADMINISTRATIVE
 ACTION TO THE CONTRARY, IT SHALL BE UNLAWFUL FOR A  BOOKING  SERVICE  TO
 COLLECT A FEE FOR FACILITATING BOOKING TRANSACTIONS FOR SHORT-TERM RESI-
 DENTIAL  RENTAL  UNITS  LOCATED  IN THIS STATE WITHOUT FIRST REGISTERING
 WITH THE DEPARTMENT OF STATE. ACCORDINGLY, BOOKING SERVICES SHALL ADHERE
 TO THE FOLLOWING, IN ADDITION TO OTHER REGULATIONS  ESTABLISHED  BY  THE
 DEPARTMENT, AS CONDITIONS OF SUCH REGISTRATION:
   (A)  BOOKING  SERVICES  SHALL PROVIDE TO THE DEPARTMENT ON A QUARTERLY
 BASIS, IN A FORM AND MANNER TO BE  DETERMINED  BY  THE  DEPARTMENT,  THE
 REPORT  DEVELOPED  AND  MAINTAINED  BY THE BOOKING SERVICE IN ACCORDANCE
 WITH SUBDIVISION FOUR OF SECTION TWENTY-ONE OF THIS ARTICLE. THE DEPART-
 MENT SHALL SHARE THIS REPORT WITH COUNTY, CITY, TOWN, OR VILLAGE GOVERN-
 MENTS AND SHALL MAKE SUCH REPORTS AVAILABLE TO LOCAL MUNICIPAL  ENFORCE-
 MENT AGENCIES WHEN LAWFULLY REQUESTED.
   (B)  A  BOOKING  SERVICE  SHALL  PROVIDE  AGREEMENT  IN WRITING TO THE
 DEPARTMENT THAT IT WILL:
   (I) OBTAIN WRITTEN CONSENT FROM ALL SHORT-TERM RENTAL HOSTS  INTENDING
 TO  UTILIZE  THEIR  PLATFORM,  FOR  SHORT-TERM  RESIDENTIAL RENTAL UNITS
 LOCATED IN THIS STATE, FOR THE DISCLOSURE OF THE INFORMATION PURSUANT TO
 SUBDIVISION FOUR OF SECTION TWENTY-ONE OF THIS  ARTICLE,  IN  ACCORDANCE
 WITH PARAGRAPH (A) OF THIS SUBDIVISION; AND
   (II)  FURNISH  THE INFORMATION IDENTIFIED PURSUANT TO SUBDIVISION FOUR
 OF SECTION TWENTY-ONE OF THIS ARTICLE, IN ACCORDANCE WITH PARAGRAPH  (A)
 OF THIS SUBDIVISION.
    3. THE DEPARTMENT OF STATE SHALL SET A FEE FOR SHORT-TERM RESIDENTIAL
 RENTAL UNIT AND BOOKING SERVICE REGISTRATION WITH THE DEPARTMENT.
   §  23.  EXCEPTIONS. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO
 THE CONTRARY, THIS ARTICLE SHALL NOT APPLY TO:
   1. INCIDENTAL AND OCCASIONAL OCCUPANCY OF SUCH DWELLING UNIT FOR FEWER
 THAN THIRTY CONSECUTIVE DAYS BY OTHER PERSONS WHEN THE  PERMANENT  OCCU-
 S. 885                              9
 
 PANTS  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
   2. A MUNICIPALITY WHICH DOES NOT ALLOW SHORT-TERM RESIDENTIAL RENTALS;
 PROVIDED,  HOWEVER,  THAT  SUCH  MUNICIPALITY SHALL REQUEST AN EXCEPTION
 FROM THIS ARTICLE; OR
   3. TEMPORARY HOUSING OR LODGING PERMITTED BY THE DEPARTMENT OF HEALTH.
   § 24. PENALTIES. NOTWITHSTANDING THE PROVISIONS OF ANY  OTHER  LAW  TO
 THE CONTRARY:
   1.  ANY BOOKING SERVICE WHICH COLLECTS A FEE RELATED TO BOOKING A UNIT
 AS A SHORT-TERM RENTAL, WHERE SUCH UNIT IS NOT REGISTERED IN  ACCORDANCE
 WITH  THIS ARTICLE, SHALL BE FINED TWO HUNDRED DOLLARS PER VIOLATION PER
 DAY. EACH DAY'S FAILURE TO COMPLY WITH A  NOTICE  OF  VIOLATION  OR  ANY
 OTHER  ORDER  SHALL  CONSTITUTE  A  SEPARATE VIOLATION. THE SECRETARY OF
 STATE OR THEIR DESIGNEE MAY ALSO SEEK AN  INJUNCTION  FROM  A  COURT  OF
 COMPETENT  JURISDICTION  PROHIBITING THE COLLECTION OF ANY FEES RELATING
 TO THE OFFERING OR RENTING OF  THE  UNIT  AS  A  SHORT-TERM  RESIDENTIAL
 RENTAL.
    2. ANY PERSON WHO OFFERS A SHORT-TERM RESIDENTIAL RENTAL UNIT WITHOUT
 REGISTERING  WITH  THE  DEPARTMENT  OF  STATE  OR MUNICIPAL REGISTRATION
 SYSTEM, OR ANY PERSON WHO  OFFERS  AN  ELIGIBLE  SHORT-TERM  RESIDENTIAL
 RENTAL  UNIT AS A SHORT-TERM RENTAL WHILE THE UNIT'S REGISTRATION ON THE
 SHORT-TERM RESIDENTIAL RENTAL UNIT REGISTRY IS SUSPENDED, SHALL BE FINED
 TWO HUNDRED DOLLARS PER VIOLATION PER DAY. EACH DAY'S FAILURE TO  COMPLY
 WITH  A  NOTICE OF VIOLATION OR ANY OTHER ORDER SHALL CONSTITUTE A SEPA-
 RATE VIOLATION.
   3. ANY PERSON WHO FAILS TO COMPLY WITH  ANY  NOTICE  OF  VIOLATION  OR
 OTHER  ORDER  ISSUED PURSUANT TO THIS ARTICLE BY THE DEPARTMENT OF STATE
 FOR A VIOLATION OF ANY PROVISION OF THIS  ARTICLE  SHALL  BE  FINED  TWO
 HUNDRED DOLLARS PER VIOLATION PER DAY. EACH DAY'S FAILURE TO COMPLY WITH
 A  NOTICE  OF  VIOLATION  OR ANY OTHER ORDER SHALL CONSTITUTE A SEPARATE
 VIOLATION.
   § 24-A. ENFORCEMENT. 1. THE PROVISIONS OF THIS ARTICLE MAY BE ENFORCED
 IN ACCORDANCE WITH ARTICLE EIGHT OF THIS CHAPTER.
   2. THE DEPARTMENT OF STATE MAY ENTER INTO AGREEMENTS  WITH  A  BOOKING
 SERVICE  FOR  ASSISTANCE  IN  ENFORCING  THE PROVISIONS OF THIS SECTION,
 INCLUDING BUT NOT LIMITED TO AN AGREEMENT WHEREBY  THE  BOOKING  SERVICE
 AGREES  TO  REMOVE A LISTING FROM ITS PLATFORM THAT IS DEEMED INELIGIBLE
 FOR USE AS A SHORT-TERM RESIDENTIAL RENTAL UNIT UNDER THE PROVISIONS  OF
 THIS  ARTICLE,  AND  WHEREBY  THE  BOOKING  SERVICE AGREES TO PROHIBIT A
 SHORT-TERM RENTAL HOST FROM LISTING ANY LISTING WITHOUT A  VALID  REGIS-
 TRATION NUMBER.
   3.  THE  ATTORNEY GENERAL SHALL BE AUTHORIZED TO BRING AN ACTION FOR A
 VIOLATION OF THIS ARTICLE FOR  ANY  SUCH  VIOLATIONS  OCCURRING  IN  THE
 STATE.
   4. A MUNICIPALITY THAT DOES NOT HAVE ITS OWN REGISTRATION SYSTEM SHALL
 BE  ENTITLED  TO BRING AN ACTION FOR A VIOLATION OF THIS ARTICLE FOR ANY
 SUCH VIOLATIONS OF THIS ARTICLE OCCURRING  IN  THE  MUNICIPALITY,  AFTER
 NOTIFYING THE ATTORNEY GENERAL.
   § 24-B. DATA SHARING. BOOKING SERVICES SHALL PROVIDE TO THE DEPARTMENT
 OF  STATE  AND MUNICIPALITIES, ON A MONTHLY BASIS, AN ELECTRONIC REPORT,
 IN A FORMAT DETERMINED BY THE DEPARTMENT OF STATE OF THE LISTINGS  MAIN-
 TAINED,  AUTHORIZED,  FACILITATED  OR  ADVERTISED BY THE BOOKING SERVICE
 WITHIN THE STATE FOR THE APPLICABLE REPORTING PERIOD. THE  REPORT  SHALL
 INCLUDE  THE  REGISTRATION NUMBER, AND A BREAKDOWN OF WHERE THE LISTINGS
 ARE LOCATED, WHETHER THE LISTING IS FOR A PARTIAL UNIT OR A WHOLE  UNIT,
 S. 885                             10
 
 AND  SHALL  INCLUDE THE NUMBER OF NIGHTS EACH UNIT WAS REPORTED AS OCCU-
 PIED DURING THE APPLICABLE REPORTING PERIOD.
   § 3. Subdivision (c) of section 1101 of the tax law, as added by chap-
 ter  93  of  the  laws  of  1965, paragraphs 2, 3, 4 and 6 as amended by
 section 2 and paragraph 8 as added by section 3 of part AA of chapter 57
 of the laws of 2010, and paragraph 5 as amended by chapter  575  of  the
 laws of 1965, is amended to read as follows:
   (c)  When  used  in  this  article for the purposes of the tax imposed
 under subdivision (e) of section eleven hundred five  OF  THIS  ARTICLE,
 AND  SUBDIVISION (A) OF SECTION ELEVEN HUNDRED FOUR OF THIS ARTICLE, the
 following terms shall mean:
   (1) Hotel. A building or portion of it which  is  regularly  used  and
 kept  open  as such for the lodging of guests. The term "hotel" includes
 an apartment hotel, a motel, boarding house  or  club,  whether  or  not
 meals are served, AND SHORT-TERM RENTAL UNITS.
   (2)  Occupancy.  The  use  or  possession,  or the right to the use or
 possession, of any room in a hotel. "Right to  the  use  or  possession"
 includes the rights of a room remarketer as described in paragraph eight
 of this subdivision.
   (3)  Occupant.  A person who, for a consideration, uses, possesses, or
 has the right to use or possess, any room in a hotel  under  any  lease,
 concession,  permit, right of access, license to use or other agreement,
 or otherwise. "Right to use or possess" includes the rights  of  a  room
 remarketer as described in paragraph eight of this subdivision.
   (4)  Operator. Any person operating a hotel. Such term shall include a
 room remarketer and such room remarketer shall be deemed  to  operate  a
 hotel,  or  portion  thereof,  with respect to which such person has the
 rights of a room remarketer.
   (5) Permanent resident. Any occupant of any room or rooms in  a  hotel
 for  at  least  ninety  consecutive days shall be considered a permanent
 resident with regard to the period of such occupancy.
   (6) Rent. The consideration  received  for  occupancy,  including  any
 service or other charge or amount required to be paid as a condition for
 occupancy,  valued  in money, whether received in money or otherwise and
 whether received by the operator [or], A BOOKING SERVICE, a room remark-
 eter or another person on behalf of [either] ANY of them.
   (7) Room. Any room or rooms of any kind in any part or  portion  of  a
 hotel,  which  is  available for or let out for any purpose other than a
 place of assembly.
   (8) Room remarketer. A person who reserves, arranges for, conveys,  or
 furnishes  occupancy, whether directly or indirectly, to an occupant for
 rent in an amount determined by the room remarketer, directly  or  indi-
 rectly,  whether pursuant to a written or other agreement. Such person's
 ability or authority to reserve, arrange for, convey, or  furnish  occu-
 pancy,  directly or indirectly, and to determine rent therefor, shall be
 the "rights of a room remarketer". A room remarketer is not a  permanent
 resident  with respect to a room for which such person has the rights of
 a room remarketer.  THIS TERM DOES NOT INCLUDE A BOOKING SERVICE  UNLESS
 SUCH SERVICE OTHERWISE MEETS THIS DEFINITION.
   (9)  SHORT-TERM RENTAL UNIT.  A SHORT-TERM RESIDENTIAL UNIT AS DEFINED
 IN SECTION TWENTY OF THE MULTIPLE RESIDENCE LAW OR IN SECTION TWENTY  OF
 THE  MULTIPLE  DWELLING  LAW  WHICH IS REGISTERED WITH THE DEPARTMENT OF
 STATE OR A MUNICIPAL REGISTRATION SYSTEM,  WHICH  INCLUDES  BUT  IS  NOT
 LIMITED  TO  TITLE  TWENTY-SIX OF THE ADMINISTRATIVE CODE OF THE CITY OF
 NEW YORK.
 S. 885                             11
 
   (10) BOOKING SERVICE. (I) A PERSON OR ENTITY WHO,  DIRECTLY  OR  INDI-
 RECTLY:
   (A)  PROVIDES  ONE OR MORE ONLINE, COMPUTER OR APPLICATION-BASED PLAT-
 FORMS THAT INDIVIDUALLY OR COLLECTIVELY CAN BE USED TO:
   (I) LIST OR ADVERTISE OFFERS FOR RENTAL SPACE IN A HOTEL, AND
   (II) EITHER ACCEPT SUCH OFFERS, OR RESERVE OR PAY  FOR  SUCH  RENTALS;
 AND
   (B) CHARGES, COLLECTS OR RECEIVES A FEE FOR THE USE OF SUCH A PLATFORM
 OR  FOR  PROVISION  OF  ANY SERVICE IN CONNECTION WITH RENTAL SPACE IN A
 HOTEL.
   (II) A BOOKING SERVICE SHALL NOT INCLUDE A PERSON OR ENTITY WHO FACIL-
 ITATES BOOKINGS OF HOTEL ROOMS SOLELY ON BEHALF OF AFFILIATED PERSONS OR
 ENTITIES, INCLUDING FRANCHISEES, OPERATING UNDER A SHARED HOTEL BRAND.
   § 4. Subdivision (e) of section 1105 of the  tax  law  is  amended  by
 adding a new paragraph 3 to read as follows:
   (3) THE RENT FOR EVERY OCCUPANCY OF A ROOM OR ROOMS IN A HOTEL OFFERED
 FOR  RENT  THROUGH  A  BOOKING  SERVICE,  AS DEFINED IN PARAGRAPH TEN OF
 SUBDIVISION (C) OF SECTION ELEVEN HUNDRED ONE OF THIS  ARTICLE,  REGARD-
 LESS  OF  WHETHER IT IS FURNISHED, LIMITED TO A SINGLE FAMILY OCCUPANCY,
 OR PROVIDES HOUSEKEEPING, FOOD, OR OTHER COMMON HOTEL SERVICES,  INCLUD-
 ING, BUT NOT LIMITED TO, ENTERTAINMENT OR PLANNED ACTIVITIES.
   §  5.  Subdivision  1  of  section  1131 of the tax law, as amended by
 section 2 of part G of chapter 59 of the laws of  2019,  is  amended  to
 read as follows:
   (1)  "Persons  required to collect tax" or "person required to collect
 any tax imposed by this article" shall include: every vendor of tangible
 personal property or services; every  recipient  of  amusement  charges;
 every operator of a hotel; [and] every marketplace provider with respect
 to  sales  of  tangible personal property it facilitates as described in
 paragraph one of subdivision (e) of section eleven hundred one  of  this
 article;  AND BOOKING SERVICES UNLESS RELIEVED OF SUCH OBLIGATION PURSU-
 ANT TO PARAGRAPH THREE OF SUBDIVISION  (M)  OF  SECTION  ELEVEN  HUNDRED
 THIRTY-TWO  OF  THIS  PART.  Said  terms shall also include any officer,
 director or employee of a corporation or of a dissolved corporation, any
 employee of a partnership, any employee or manager of a limited  liabil-
 ity company, or any employee of an individual proprietorship who as such
 officer,  director,  employee or manager is under a duty to act for such
 corporation,  partnership,  limited  liability  company  or   individual
 proprietorship in complying with any requirement of this article, or has
 so  acted; and any member of a partnership or limited liability company.
 Provided, however, that any person who is a vendor solely by  reason  of
 clause  (D)  or  (E) of subparagraph (i) of paragraph (8) of subdivision
 (b) of section eleven hundred one of this article shall not be a "person
 required to collect any tax imposed by this article" until  twenty  days
 after the date by which such person is required to file a certificate of
 registration  pursuant  to  section  eleven  hundred thirty-four of this
 part.
   § 6. Section 1132 of the tax law is amended by adding a  new  subdivi-
 sion (m) to read as follows:
   (M)  (1)  A  BOOKING SERVICE SHALL BE REQUIRED TO (I) COLLECT FROM THE
 OCCUPANTS THE APPLICABLE  TAXES  ARISING  FROM  SUCH  OCCUPANCIES;  (II)
 COMPLY  WITH  ALL THE PROVISIONS OF THIS ARTICLE AND ARTICLE TWENTY-NINE
 OF THIS CHAPTER AND ANY  REGULATIONS  ADOPTED  PURSUANT  THERETO;  (III)
 REGISTER TO COLLECT TAX UNDER SECTION ELEVEN HUNDRED THIRTY-FOUR OF THIS
 PART; AND (IV) RETAIN RECORDS AND INFORMATION AS REQUIRED BY THE COMMIS-
 SIONER  AND  COOPERATE  WITH  THE  COMMISSIONER  TO  ENSURE  THE  PROPER
 S. 885                             12

 COLLECTION AND REMITTANCE OF TAX IMPOSED, COLLECTED, OR REQUIRED  TO  BE
 COLLECTED UNDER THIS ARTICLE AND ARTICLE TWENTY-NINE OF THIS CHAPTER.
   (2)  IN  CARRYING  OUT  THE  OBLIGATIONS IMPOSED UNDER THIS SECTION, A
 BOOKING SERVICE SHALL HAVE ALL THE DUTIES, BENEFITS, AND ENTITLEMENTS OF
 A PERSON REQUIRED TO COLLECT TAX UNDER THIS ARTICLE AND ARTICLE  TWENTY-
 NINE  OF THIS CHAPTER WITH RESPECT TO THE OCCUPANCIES GIVING RISE TO THE
 TAX OBLIGATION, INCLUDING THE RIGHT TO ACCEPT  A  CERTIFICATE  OR  OTHER
 DOCUMENTATION  FROM AN OCCUPANT SUBSTANTIATING AN EXEMPTION OR EXCLUSION
 FROM TAX, AS IF SUCH BOOKING SERVICE WERE THE OPERATOR OF THE HOTEL WITH
 RESPECT TO SUCH OCCUPANCY, INCLUDING THE RIGHT  TO  RECEIVE  THE  REFUND
 AUTHORIZED  BY SUBDIVISION (E) OF THIS SECTION AND THE CREDIT ALLOWED BY
 SUBDIVISION (F) OF SECTION ELEVEN HUNDRED THIRTY-SEVEN OF THIS PART.
   (3) AN OPERATOR OF A HOTEL IS NOT A PERSON REQUIRED TO COLLECT TAX FOR
 PURPOSES OF THIS PART WITH RESPECT TO TAXES IMPOSED UPON OCCUPANCIES  OF
 HOTELS IF:
   (I)  THE OPERATOR OF THE HOTEL CAN SHOW THAT THE OCCUPANCY WAS FACILI-
 TATED BY A BOOKING SERVICE WHO IS REGISTERED TO COLLECT TAX PURSUANT  TO
 SECTION ELEVEN HUNDRED THIRTY-FOUR OF THIS PART; AND
   (II)  THE  OPERATOR  OF  THE HOTEL ACCEPTED FROM THE BOOKING SERVICE A
 PROPERLY COMPLETED CERTIFICATE OF COLLECTION IN A FORM PRESCRIBED BY THE
 COMMISSIONER CERTIFYING THAT THE BOOKING SERVICE HAS  AGREED  TO  ASSUME
 THE  TAX  COLLECTION  AND FILING RESPONSIBILITIES OF THE OPERATOR OF THE
 HOTEL; AND
   (III) ANY FAILURE OF THE BOOKING SERVICE TO COLLECT THE PROPER  AMOUNT
 OF TAX WITH RESPECT TO SUCH OCCUPANCY WAS NOT THE RESULT OF THE OPERATOR
 OF  THE  HOTEL  PROVIDING  INCORRECT INFORMATION TO THE BOOKING SERVICE,
 WHETHER INTENTIONAL OR UNINTENTIONAL.
   THIS PROVISION SHALL BE  ADMINISTERED  IN  A  MANNER  CONSISTENT  WITH
 SUBPARAGRAPH  (I) OF PARAGRAPH ONE OF SUBDIVISION (C) OF THIS SECTION AS
 IF A CERTIFICATE OF COLLECTION WERE A RESALE  OR  EXEMPTION  CERTIFICATE
 FOR  PURPOSES  OF  SUCH  SUBPARAGRAPH,  INCLUDING  WITH  REGARD  TO  THE
 COMPLETENESS OF SUCH CERTIFICATE OF COLLECTION AND  THE  TIMING  OF  ITS
 ACCEPTANCE  BY  THE  OPERATOR  OF THE HOTEL; PROVIDED HOWEVER, THAT WITH
 REGARD TO ANY OCCUPANCIES SOLD BY AN OPERATOR  OF  THE  HOTEL  THAT  ARE
 FACILITATED  BY  A BOOKING SERVICE WHO IS AFFILIATED WITH SUCH OPERATOR,
 THE OPERATOR SHALL BE DEEMED LIABLE AS A PERSON UNDER A DUTY TO ACT  FOR
 SUCH  BOOKING  SERVICE FOR PURPOSES OF SUBDIVISION ONE OF SECTION ELEVEN
 HUNDRED THIRTY-ONE OF THIS PART.
   (4) THE COMMISSIONER MAY, IN HIS OR HER  DISCRETION  DEVELOP  STANDARD
 LANGUAGE,  OR  APPROVE LANGUAGE DEVELOPED BY A BOOKING SERVICE, IN WHICH
 THE BOOKING SERVICE OBLIGATES ITSELF TO COLLECT THE TAX ON BEHALF OF ALL
 THE OPERATORS OF HOTELS.
   (5) IN THE EVENT AN OPERATOR OF A HOTEL IS A ROOM REMARKETER, AND  ALL
 OTHER PROVISIONS OF THIS SUBDIVISION ARE MET SUCH THAT A BOOKING SERVICE
 IS  OBLIGATED  TO COLLECT TAX, AND DOES IN FACT COLLECT TAX AS EVIDENCED
 BY THE BOOKS AND RECORDS OF SUCH BOOKING SERVICE, THEN THE PROVISIONS OF
 SUBDIVISION (E) OF SECTION ELEVEN HUNDRED NINETEEN OF THIS ARTICLE SHALL
 BE APPLICABLE.
   § 7. Paragraph 4 of subdivision (a) of section 1136 of the tax law, as
 amended by section 5 of part G of chapter 59 of the  laws  of  2019,  is
 amended to read as follows:
   (4)  The  return of a vendor of tangible personal property or services
 shall show such vendor's receipts from sales and the number  of  gallons
 of any motor fuel or diesel motor fuel sold and also the aggregate value
 of tangible personal property and services and number of gallons of such
 fuels  sold by the vendor, the use of which is subject to tax under this
 S. 885                             13
 
 article,  and  the  amount  of  tax  payable  thereon  pursuant  to  the
 provisions  of  section  eleven  hundred  thirty-seven of this part. The
 return of a recipient of amusement charges shall show all  such  charges
 and the amount of tax thereon, and the return of an operator required to
 collect  tax  on  rents shall show all rents received or charged and the
 amount of tax thereon. The return of a marketplace seller shall  exclude
 the  receipts from a sale of tangible personal property facilitated by a
 marketplace provider if, in regard to such  sale:  (A)  the  marketplace
 seller  has  timely  received in good faith a properly completed certif-
 icate of collection from the marketplace  provider  or  the  marketplace
 provider  has  included  a provision approved by the commissioner in the
 publicly-available agreement between the marketplace  provider  and  the
 marketplace  seller  as  described  in subdivision one of section eleven
 hundred thirty-two of this part, and (B) the information provided by the
 marketplace seller to  the  marketplace  provider  about  such  tangible
 personal  property  is accurate.  THE RETURN OF A SHORT-TERM RENTAL HOST
 SHALL EXCLUDE THE RENT FROM OCCUPANCY OF A SHORT-TERM RENTAL UNIT FACIL-
 ITATED BY A BOOKING SERVICE IF, IN REGARD TO SUCH SALE: (A)  THE  SHORT-
 TERM  RENTAL HOST HAS TIMELY RECEIVED IN GOOD FAITH A PROPERLY COMPLETED
 CERTIFICATE OF COLLECTION  FROM  THE  BOOKING  SERVICE  OR  THE  BOOKING
 SERVICE  HAS  INCLUDED  A  PROVISION APPROVED BY THE COMMISSIONER IN THE
 PUBLICLY-AVAILABLE AGREEMENT BETWEEN THE BOOKING SERVICE AND THE  SHORT-
 TERM  RENTAL  HOST  AS  DESCRIBED  IN  SUBDIVISION (M) OF SECTION ELEVEN
 HUNDRED THIRTY-TWO OF THIS PART, AND (B) THE INFORMATION PROVIDED BY THE
 SHORT-TERM RENTAL HOST TO THE BOOKING SERVICE ABOUT SUCH RENT  AND  SUCH
 OCCUPANCY IS ACCURATE.
   §  8.  Section 1142 of the tax law is amended by adding a new subdivi-
 sion 16 to read as follows:
   16. TO PUBLISH A LIST ON THE DEPARTMENT'S WEBSITE OF BOOKING  SERVICES
 WHOSE  CERTIFICATES  OF AUTHORITY HAVE BEEN REVOKED AND, IF NECESSARY TO
 PROTECT SALES TAX REVENUE, PROVIDE BY REGULATION  OR  OTHERWISE  THAT  A
 SHORT-TERM  RENTAL  UNIT OPERATOR WILL BE RELIEVED OF THE REQUIREMENT TO
 REGISTER AND THE DUTY TO COLLECT TAX ON THE  RENT  FOR  OCCUPANCY  OF  A
 SHORT-TERM  RENTAL FACILITATED BY A BOOKING SERVICE PROVIDER ONLY IF, IN
 ADDITION TO THE CONDITIONS PRESCRIBED BY PARAGRAPH  TWO  OF  SUBDIVISION
 (M)  OF  SECTION ELEVEN HUNDRED THIRTY-TWO AND PARAGRAPH SIX OF SUBDIVI-
 SION (A) OF SECTION ELEVEN HUNDRED THIRTY-FOUR OF THIS PART  BEING  MET,
 SUCH  BOOKING  SERVICE  IS  NOT  ON SUCH LIST AT THE COMMENCEMENT OF THE
 QUARTERLY PERIOD COVERED THEREBY.
   § 9. Subpart A of part 1 of article 29 of the tax law  is  amended  by
 adding a new section 1200 to read as follows:
   §  1200.  DEFINITION.  FOR  THE PURPOSES OF THIS ARTICLE "HOTEL" SHALL
 MEAN A BUILDING OR PORTION OF SUCH BUILDING WHICH IS REGULARLY USED  AND
 KEPT OPEN AS SUCH FOR THE LODGING OF GUESTS, INCLUDING: (A) AN APARTMENT
 HOTEL,  (B)  A MOTEL, (C) A BOARDING HOUSE OR CLUB, WHETHER OR NOT MEALS
 ARE SERVED, AND (D) SHORT-TERM RESIDENTIAL RENTAL UNITS  AS  DEFINED  IN
 SUBDIVISION  ONE  OF  SECTION TWENTY OF THE MULTIPLE RESIDENCE LAW OR IN
 SUBDIVISION ONE OF SECTION TWENTY OF THE MULTIPLE DWELLING LAW.
   § 10. Notwithstanding any other provisions of law to the  contrary,  a
 county,  city, town, or village government may enact a local law prohib-
 iting or further limiting the listing  or  use  of  dwelling  units,  or
 portions thereof, as short-term residential rental units.
   §  11.  Severability. If any provision of this act, or any application
 of any provision of this act, is held to  be  invalid,  that  shall  not
 affect the validity or effectiveness of any other provision of this act,
 or  of  any other application of any provision of this act, which can be
 S. 885                             14
 
 given effect without that provision or application; and to that end, the
 provisions and applications of this act are severable.
   §  12.  This  act  shall  take effect on the one hundred twentieth day
 after it shall have become a law.

Co-Sponsors

S885A - Details

Law Section:: Multiple Residence Law
Laws Affected:: Add Art 2-A §§20 - 24-b, Mult Res L; add Art 2-A §§20 - 24-b, Mult Dwell L; amd §§1101, 1105, 1131, 1132, 1136 & 1142, add Art 29 Part 1 Subpart A §1200, Tax L

S885A - Summary

Relates to short-term residential rentals of private dwellings in certain municipalities.

S885A - Sponsor Memo

 
BILL NUMBER: S885A

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the multiple residence law, the multiple dwelling law,
and the tax law, in relation to short-term residential rental of private
dwellings in certain municipalities

 
PURPOSE OR GENERAL IDEA OF BILL:

To create a registration system for short term rentals in New York State
and allow for the collection of sales tax & applicable occupancy tax
generated from such rentals to the state and localities.

 
SUMMARY OF PROVISIONS:

Section one amends the multiple residence law by adding a new article
2-a to establish the definitions, regulation, registration, exception,
penalties, enforcement, and data sharing of short-term residential
rental units.

Section two amends the multiple dwelling law by adding a new article 2-a
to establish the definitions, regulation, registration, exception,
penalties, enforcement, and data sharing of short-term residential
rental units.

Section three amends subdivision (c) of section 1101 of the tax law, as
added by chapter 93 of the laws of 1965, paragraphs 2, 3, 4 and 6 as
amended by section 2 and paragraph 8 as added by section 3 of part AA of
chapter 57 of the laws of 2010, and paragraph 5 as amended by chapter
575 of the laws of 1965.

Section four amends subdivision (e) of section 1105 of the tax law by
adding a new paragraph 3 to post the rent for every occupancy of a room
in a hotel or short-term rental offered for rent.

Section five amends subdivision one of section 1131 of the tax law to
define the entities responsible for the collection of applicable taxes.

Section six amends section 1132 of the tax law by adding a new subdivi-
sion (m) to outline the process of applicable tax collection and remit-
tance to appropriate taxing jurisdiction.

Section seven amends paragraph 4 of subdivision (a) of section 1136 of
the tax law to exclude the rent from occupancy of a short-term rental
unit facilitated by a booking service if the owner of such rental
returns to reside in such residence.

Section eight amends section 1142 of the tax law by adding a new subdi-
vision 16 to publish a list on the department's website of booking
services whose certificates of authority have been revoked.

Section nine amends subpart A of part 1 of article 29 of the tax law by
adding a new section 1200 to define hotels.

Section ten states that a county, city, town, or village government may
enact a local law prohibiting or further limiting the listing or use of
dwelling units as short-term residential rental units.
Section eleven sets the severability of this act if any application of
any provision is held to be invalid.

Section twelve states the effective date.

 
JUSTIFICATION:

New York State is facing a dire shortage of housing supply, specifically
affordable and workforce housing, which is causing instability across
our communities. While solving the housing crisis will take significant
investment and bold legislative action, one area of housing policy that
must be addressed is the extreme proliferation of short-term rentals.
Municipalities across upstate New York saw a record influx of relocated
residents and visitors alike, with Hudson and Kingston becoming the top
two moved-to-places in the country during the COVID-19 pandemic. For
many, the ability to welcome visitors for short-term stays has been a
welcomed source of income, and for our smaller cities and towns,
increased tourism has bolstered their economies.

However, while this resurgence played a significant, and unforeseen,
role in supporting our Main Streets and providing additional income
streams for local residents, it also caused an already precarious hous-
ing market to become nearly non-existent and has since turned good hous-
ing stock into vacation rentals taking these homes off the market indef-
initely. Municipalities need better tools to understand how this
economic driver can help, without displacing local residents and
compounding an already growing problem all in the name of profit.  Addi-
tionally, many of these same municipalities have been forced to spend
significant resources to manage their short-term rental issues, often
leaving neighboring towns with differing regulations. This causes
confusion among homeowners, visitors and law enforcement and forces
municipalities to spend resources they often don't have in order to
protect their residents.

This legislation, for the first time, develops statewide guidance on
short-term rentals, including a rental registry, in order to give muni-
cipalities the information and the revenue they need to make smart deci-
sions to help right-size the short-term rental market in their specific
communities. Also, municipalities with their own short-term rental
registration systems may continue to use them and short-term rentals in
those municipalities do not need to register with the state. Finally,
the tax collection provisions apply to short-term rentals statewide,
regardless of whether municipalities have their own registration
systems.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

This bill would actually increase revenue for the state and localities.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

S885A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  885--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sens. HINCHEY, KRUEGER, RAMOS, SALAZAR -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Housing,   Construction   and   Community   Development  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the multiple residence law, the multiple  dwelling  law,
   and  the  tax  law,  in  relation  to short-term residential rental of
   private dwellings in certain municipalities
 
   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.   EXCEPTIONS.
         24.   PENALTIES.
         24-A. ENFORCEMENT.
         24-B. DATA SHARING.
   §  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 WITHIN A DWELLING, MADE AVAILABLE FOR RENT BY GUESTS FOR LESS THAN
 THIRTY  CONSECUTIVE DAYS, WHERE THE UNIT IS OFFERED FOR TOURIST OR TRAN-
 SIENT USE BY THE SHORT-TERM RENTAL HOST OF THE RESIDENTIAL UNIT.
   2. "SHORT-TERM RENTAL HOST" MEANS A PERSON IN VALID  LEGAL  POSSESSION
 OF A SHORT-TERM RENTAL UNIT WHO RENTS SUCH UNIT TO GUESTS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02793-04-3
 S. 885--A                           2

 
   3.   "BOOKING SERVICE" MEANS A PERSON OR ENTITY WHO, DIRECTLY OR INDI-
 RECTLY:
   (A)  PROVIDES  ONE OR MORE ONLINE, COMPUTER OR APPLICATION-BASED PLAT-
 FORMS THAT INDIVIDUALLY OR COLLECTIVELY CAN BE USED TO:
   (I) LIST OR ADVERTISE OFFERS FOR SHORT-TERM RENTALS, AND
   (II) EITHER ACCEPT SUCH OFFERS, OR RESERVE OR PAY  FOR  SUCH  RENTALS;
 AND
   (B) CHARGES, COLLECTS OR RECEIVES A FEE FOR THE USE OF SUCH A PLATFORM
 OR  FOR PROVISION OF ANY SERVICE IN CONNECTION WITH A SHORT-TERM RENTAL.
 A BOOKING SERVICE SHALL NOT BE CONSTRUED  TO  INCLUDE  A  PLATFORM  THAT
 SOLELY LISTS OR ADVERTISES OFFERS FOR SHORT-TERM RENTALS.
   § 21. SHORT-TERM RESIDENTIAL RENTAL UNITS; REGULATION. 1. A SHORT-TERM
 RENTAL  HOST  MAY  OPERATE  A  DWELLING UNIT AS A SHORT-TERM RESIDENTIAL
 RENTAL UNIT PROVIDED SUCH DWELLING UNIT:
   (A) IS REGISTERED IN ACCORDANCE WITH SECTION TWENTY-TWO OF THIS  ARTI-
 CLE;
   (B)  IS NOT USED TO PROVIDE SINGLE ROOM OCCUPANCY AS DEFINED BY SUBDI-
 VISION FORTY-FOUR OF SECTION FOUR OF THIS CHAPTER;
   (C) INCLUDES A CONSPICUOUSLY POSTED EVACUATION DIAGRAM IDENTIFYING ALL
 MEANS OF EGRESS FROM THE UNIT AND THE BUILDING IN WHICH IT IS LOCATED;
   (D) INCLUDES A CONSPICUOUSLY POSTED LIST OF  EMERGENCY  PHONE  NUMBERS
 FOR POLICE, FIRE, AND POISON CONTROL;
   (E) HAS A WORKING FIRE-EXTINGUISHER; AND
   (F) IS INSURED BY AN INSURER LICENSED TO WRITE INSURANCE IN THIS STATE
 OR  PROCURED  BY  A DULY LICENSED EXCESS LINE BROKER PURSUANT TO SECTION
 TWO THOUSAND ONE HUNDRED EIGHTEEN OF THE INSURANCE LAW FOR AT LEAST  THE
 VALUE  OF THE DWELLING, PLUS A MINIMUM OF THREE HUNDRED THOUSAND DOLLARS
 COVERAGE FOR THIRD PARTY CLAIMS OF PROPERTY DAMAGE OR BODILY INJURY THAT
 ARISE OUT OF THE OPERATION OF A SHORT-TERM RENTAL UNIT.  NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW, NO INSURER SHALL BE REQUIRED TO PROVIDE SUCH
 COVERAGE.
   2.  OCCUPANCIES  OF A SHORT-TERM RENTAL UNIT SHALL BE SUBJECT TO TAXES
 AND FEES PURSUANT TO ARTICLES TWENTY-EIGHT AND TWENTY-NINE  OF  THE  TAX
 LAW AND APPLICABLE LOCAL LAWS.
   3.  SHORT-TERM  RENTAL  HOSTS  SHALL MAINTAIN RECORDS RELATED TO GUEST
 STAYS FOR TWO YEARS FOLLOWING THE END OF THE CALENDAR YEAR IN  WHICH  AN
 INDIVIDUAL  RENTAL  STAY  OCCURRED,  INCLUDING THE DATE OF EACH STAY AND
 NUMBER OF GUESTS, THE COST FOR EACH STAY, INCLUDING  RELEVANT  TAX,  AND
 RECORDS  RELATED  TO  THEIR REGISTRATION AS SHORT-TERM RENTAL HOSTS WITH
 THE DEPARTMENT OF STATE. AS A REQUIREMENT FOR REGISTRATION UNDER SECTION
 TWENTY-TWO OF THIS ARTICLE, HOSTS SHALL PROVIDE  THESE  RECORDS  TO  THE
 DEPARTMENT  OF STATE ON AN ANNUAL BASIS. THE DEPARTMENT SHALL SHARE THIS
 REPORT WITH COUNTY, CITY, TOWN, OR VILLAGE GOVERNMENTS  AND  SHALL  MAKE
 SUCH  REPORTS  AVAILABLE  TO  LOCAL  MUNICIPAL ENFORCEMENT AGENCIES UPON
 REQUEST.  WHERE THE BOOKING PLATFORM IS THE SHORT-TERM RENTAL HOST,  THE
 SHORT-TERM RENTAL HOST MAY BE EXEMPT FROM PROVIDING SUCH REPORT PROVIDED
 THAT THE BOOKING PLATFORM INCLUDES ALL NECESSARY INFORMATION REQUIRED OF
 A  SHORT-TERM RENTAL HOST IN THE REPORT REQUIRED PURSUANT TO SUBDIVISION
 FOUR OF THIS SECTION.
   4. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW  OR  ADMINISTRATIVE
 ACTION  TO  THE  CONTRARY, BOOKING SERVICES SHALL DEVELOP AND MAINTAIN A
 REPORT RELATED TO SHORT-TERM RENTAL UNIT GUEST STAYS  THAT  THE  BOOKING
 SERVICE  HAS FACILITATED IN THE STATE FOR TWO YEARS FOLLOWING THE END OF
 THE CALENDAR YEAR IN WHICH  AN  INDIVIDUAL  RENTAL  STAY  OCCURRED.  THE
 REPORT  SHALL  INCLUDE  THE DATES OF EACH STAY AND THE NUMBER OF GUESTS,
 THE COST FOR EACH STAY, INCLUDING RELEVANT TAX,  THE  PHYSICAL  ADDRESS,
 S. 885--A                           3
 
 INCLUDING  ANY  UNIT DESIGNATION, OF EACH SHORT-TERM RENTAL UNIT BOOKED,
 THE FULL LEGAL NAME OF EACH SHORT-TERM  RENTAL  UNIT'S  HOST,  AND  EACH
 SHORT-TERM  RENTAL  UNIT'S REGISTRATION NUMBER.   IN THE EVENT A BOOKING
 SERVICE DOES NOT ADHERE TO SUBDIVISION TWO OF SECTION TWENTY-TWO OF THIS
 ARTICLE, OR MORE INFORMATION IS DEEMED NECESSARY BY  THE  DEPARTMENT  OF
 STATE, THE DEPARTMENT MAY ACCESS THIS REPORT AND/OR ALL RELEVANT RECORDS
 FROM A BOOKING SERVICE  IN RESPONSE TO VALID LEGAL PROCESS.  THE DEPART-
 MENT  SHALL SHARE THIS REPORT AND/OR RECORDS WITH COUNTY, CITY, TOWN, OR
 VILLAGE GOVERNMENTS AND SHALL  MAKE  SUCH  REPORTS  AVAILABLE  TO  LOCAL
 MUNICIPAL ENFORCEMENT AGENCIES WHEN LAWFULLY REQUESTED.  REPORTS AND ANY
 RECORDS  PROVIDED  TO  GENERATE  SUCH REPORTS SHALL NOT BE MADE PUBLICLY
 AVAILABLE WITHOUT THE REDACTION OF THE FULL LEGAL NAME  OF  EACH  SHORT-
 TERM  RENTAL  UNIT'S  HOST,  THE  STREET NAME AND NUMBER OF THE PHYSICAL
 ADDRESS OF ANY IDENTIFIED SHORT-TERM RENTAL UNIT AND THE  UNIT'S  REGIS-
 TRATION NUMBER.
   5.  IT  SHALL  BE  UNLAWFUL FOR A BOOKING SERVICE TO COLLECT A FEE FOR
 FACILITATING BOOKING  TRANSACTIONS  FOR  SHORT-TERM  RESIDENTIAL  RENTAL
 UNITS  LOCATED IN THIS STATE IF THE SHORT-TERM RENTAL UNIT AND ITS OWNER
 OR TENANT HAVE NOT BEEN ISSUED A  CURRENT,  VALID  REGISTRATION  BY  THE
 DEPARTMENT OF STATE OR AN APPLICABLE MUNICIPALITY.
   6.  THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO ALL SHORT-TERM RESI-
 DENTIAL RENTAL UNITS IN THE STATE; PROVIDED,  HOWEVER,  THAT  A  MUNICI-
 PALITY  THAT HAS ITS OWN SHORT-TERM RESIDENTIAL RENTAL UNIT REGISTRY MAY
 CONTINUE SUCH REGISTRY AND ALL SHORT-TERM RESIDENTIAL  RENTAL  UNITS  IN
 SUCH MUNICIPALITY SHALL BE REQUIRED TO BE REGISTERED WITH SUCH MUNICIPAL
 REGISTRY  AND  SHALL  NOT BE REQUIRED TO REGISTER WITH THE DEPARTMENT OF
 STATE. MUNICIPALITIES WITH SHORT-TERM RESIDENTIAL RENTAL UNIT REGISTRIES
 SHALL MAINTAIN THE AUTHORITY TO MANAGE SUCH REGISTRIES  AND  TO  COLLECT
 FINES  FOR VIOLATIONS RELATED TO THE REGISTRATION OF SHORT-TERM RESIDEN-
 TIAL RENTAL UNITS.   MUNICIPALITIES WITH SHORT-TERM  RESIDENTIAL  RENTAL
 UNIT  REGISTRIES  SHALL  PROVIDE  INFORMATION  ON SHORT-TERM RESIDENTIAL
 RENTAL UNITS REGISTERED WITHIN SUCH MUNICIPALITY TO  THE  DEPARTMENT  OF
 STATE,  ON  A  QUARTERLY  BASIS  OF EACH CALENDAR YEAR, IN ORDER FOR THE
 DEPARTMENT TO MAINTAIN A CURRENT DATABASE OF ALL SHORT-TERM  RESIDENTIAL
 UNITS REGISTERED WITHIN THE STATE.  MUNICIPALITIES WITH SHORT-TERM RESI-
 DENTIAL  RENTAL  UNIT  REGISTRIES SHALL NOT BE SUBJECT TO THE REGULATION
 REQUIREMENTS OF THIS SECTION AND MAY ESTABLISH REGISTRATION REQUIREMENTS
 AND REGULATIONS IN SUCH MUNICIPALITY WHICH MAY DIFFER FROM THE  REQUIRE-
 MENTS OF THIS SECTION.
   §  22.  REGISTRATION.  1. SHORT-TERM RENTAL HOSTS SHALL BE REQUIRED TO
 REGISTER A SHORT-TERM RESIDENTIAL RENTAL UNIT  WITH  THE  DEPARTMENT  OF
 STATE OR WITH THE MUNICIPALITY WHERE SUCH SHORT-TERM RESIDENTIAL UNIT IS
 LOCATED IF SUCH MUNICIPALITY HAS A REGISTRATION SYSTEM; PROVIDED, HOWEV-
 ER,  THAT  THE  DEPARTMENT  OF  STATE SHALL NOT ACCEPT AN APPLICATION TO
 REGISTER A SHORT-TERM RESIDENTIAL RENTAL UNIT FOR A UNIT THAT IS LOCATED
 IN A MUNICIPALITY WHICH HAS ITS OWN REGISTRATION  SYSTEM  AND  THAT  HAS
 NOTIFIED THE DEPARTMENT OF STATE OF SUCH REGISTRATION SYSTEM.
   (A)  REGISTRATION  WITH THE DEPARTMENT OF STATE SHALL BE VALID FOR TWO
 YEARS, AFTER WHICH TIME THE SHORT-TERM RENTAL HOST MAY RENEW HIS OR  HER
 REGISTRATION  IN  A  MANNER  PRESCRIBED  BY THE DEPARTMENT OF STATE. THE
 DEPARTMENT OF STATE MAY REVOKE THE REGISTRATION OF A  SHORT-TERM  RENTAL
 HOST  UPON  A DETERMINATION THAT THE SHORT-TERM RENTAL HOST HAS VIOLATED
 ANY PROVISION OF THIS ARTICLE AT  LEAST  THREE  TIMES  IN  TWO  CALENDAR
 YEARS, AND MAY DETERMINE THAT THE SHORT-TERM RENTAL HOST SHALL BE INELI-
 GIBLE FOR REGISTRATION FOR A PERIOD OF UP TO TWELVE MONTHS FROM THE DATE
 OF  SUCH  DETERMINATION  OR  AT  THE REQUEST OF A MUNICIPALITY WHEN SUCH
 S. 885--A                           4
 
 MUNICIPALITY REQUESTS SUCH REVOCATION DUE TO ILLEGAL OCCUPANCY.  LISTING
 OR USING A DWELLING UNIT, OR PORTION THEREOF, AS A  SHORT-TERM  RESIDEN-
 TIAL  RENTAL  UNIT WITHOUT CURRENT, VALID REGISTRATION SHALL BE UNLAWFUL
 AND  SHALL  MAKE PERSONS WHO LIST OR USE SUCH UNIT INELIGIBLE FOR REGIS-
 TRATION FOR A PERIOD OF TWELVE MONTHS FROM THE DATE A  DETERMINATION  IS
 MADE THAT A VIOLATION HAS OCCURRED.
   (B) A SHORT-TERM RENTAL HOST SHALL INCLUDE THEIR CURRENT, VALID REGIS-
 TRATION  NUMBER  ON ALL OFFERINGS, LISTINGS OR ADVERTISEMENTS FOR SHORT-
 TERM RENTAL GUEST STAYS.
   (C) A TENANT, OR OTHER PERSON THAT DOES NOT OWN A UNIT THAT IS USED AS
 A SHORT-TERM RENTAL UNIT BUT IS IN VALID LEGAL POSSESSION  OF  A  SHORT-
 TERM RESIDENTIAL RENTAL UNIT, SHALL NOT QUALIFY FOR REGISTRATION IF THEY
 ARE NOT THE PERMANENT OCCUPANT OF THE DWELLING UNIT IN QUESTION AND HAVE
 NOT  BEEN  GRANTED PERMISSION IN WRITING BY THE OWNER FOR ITS SHORT-TERM
 RENTAL, TO BE VERIFIED BY THE DEPARTMENT OF STATE  OR  ANY  MUNICIPALITY
 WITH ITS OWN REGISTRATION SYSTEM.
   (D)  THE  DEPARTMENT  OF  STATE SHALL MAKE AVAILABLE TO  PLATFORMS THE
 DATA NECESSARY TO ALLOW BOOKING PLATFORMS  TO  VERIFY  THE  REGISTRATION
 STATUS  OF  A  SHORT-TERM  RESIDENTIAL  RENTAL UNIT AND THAT THE UNIT IS
 ASSOCIATED WITH THE SHORT-TERM RENTAL HOST WHO REGISTERED THE UNIT.
   (E) THE SHORT-TERM RENTAL HOST SHALL PAY APPLICATION AND RENEWAL  FEES
 IN AN AMOUNT TO BE ESTABLISHED BY THE DEPARTMENT OF STATE.
   (F)  THERE  SHALL  BE A FEE FOR THE USE OF THE ELECTRONIC VERIFICATION
 SYSTEM IN AN AMOUNT TO BE ESTABLISHED BY THE DEPARTMENT OF  STATE.  SUCH
 FEE  SHALL  NOT  EXCEED  THE  COST  TO BUILD, OPERATE, AND MAINTAIN SUCH
 SYSTEM.
   2. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW  OR  ADMINISTRATIVE
 ACTION  TO  THE  CONTRARY, IT SHALL BE UNLAWFUL FOR A BOOKING SERVICE TO
 COLLECT A FEE FOR FACILITATING BOOKING TRANSACTIONS FOR SHORT-TERM RESI-
 DENTIAL RENTAL UNITS LOCATED IN THIS  STATE  WITHOUT  FIRST  REGISTERING
 WITH THE DEPARTMENT OF STATE. ACCORDINGLY, BOOKING SERVICES SHALL ADHERE
 TO  THE  FOLLOWING,  IN ADDITION TO OTHER REGULATIONS ESTABLISHED BY THE
 DEPARTMENT, AS CONDITIONS OF SUCH REGISTRATION:
   (A) BOOKING SERVICES SHALL PROVIDE TO THE DEPARTMENT  ON  A  QUARTERLY
 BASIS,  IN  A  FORM  AND  MANNER TO BE DETERMINED BY THE DEPARTMENT, THE
 REPORT DEVELOPED AND MAINTAINED BY THE  BOOKING  SERVICE  IN  ACCORDANCE
 WITH SUBDIVISION FOUR OF SECTION TWENTY-ONE OF THIS ARTICLE. THE DEPART-
 MENT SHALL SHARE THIS REPORT WITH COUNTY, CITY, TOWN, OR VILLAGE GOVERN-
 MENTS  AND SHALL MAKE SUCH REPORTS AVAILABLE TO LOCAL MUNICIPAL ENFORCE-
 MENT AGENCIES WHEN LAWFULLY REQUESTED.
   (B) A BOOKING SERVICE  SHALL  PROVIDE  AGREEMENT  IN  WRITING  TO  THE
 DEPARTMENT THAT IT WILL:
   (I)  OBTAIN WRITTEN CONSENT FROM ALL SHORT-TERM RENTAL HOSTS INTENDING
 TO UTILIZE THEIR  PLATFORM,  FOR  SHORT-TERM  RESIDENTIAL  RENTAL  UNITS
 LOCATED IN THIS STATE, FOR THE DISCLOSURE OF THE INFORMATION PURSUANT TO
 SUBDIVISION  FOUR  OF  SECTION TWENTY-ONE OF THIS ARTICLE, IN ACCORDANCE
 WITH PARAGRAPH (A) OF THIS SUBDIVISION; AND
   (II) FURNISH THE INFORMATION IDENTIFIED PURSUANT TO  SUBDIVISION  FOUR
 OF  SECTION TWENTY-ONE OF THIS ARTICLE, IN ACCORDANCE WITH PARAGRAPH (A)
 OF THIS SUBDIVISION.
   3. THE DEPARTMENT OF STATE SHALL SET A FEE FOR SHORT-TERM  RESIDENTIAL
 RENTAL UNIT AND BOOKING SERVICE REGISTRATION WITH THE DEPARTMENT.
   §  23.  EXCEPTIONS. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO
 THE CONTRARY, THIS ARTICLE SHALL NOT APPLY TO:
   1.   INCIDENTAL AND OCCASIONAL OCCUPANCY OF  SUCH  DWELLING  UNIT  FOR
 FEWER  THAN  THIRTY CONSECUTIVE DAYS BY OTHER PERSONS WHEN THE PERMANENT
 S. 885--A                           5

 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
   2. A MUNICIPALITY WHICH DOES NOT ALLOW SHORT-TERM RESIDENTIAL RENTALS;
 PROVIDED,  HOWEVER,  THAT  SUCH  MUNICIPALITY SHALL REQUEST AN EXCEPTION
 FROM THIS ARTICLE; OR
   3. TEMPORARY HOUSING OR LODGING PERMITTED BY THE DEPARTMENT OF HEALTH.
   § 24. PENALTIES. NOTWITHSTANDING THE PROVISIONS OF ANY  OTHER  LAW  TO
 THE CONTRARY:
   1.  ANY BOOKING SERVICE WHICH COLLECTS A FEE RELATED TO BOOKING A UNIT
 AS A SHORT-TERM RENTAL, WHERE SUCH UNIT IS NOT REGISTERED IN  ACCORDANCE
 WITH  THIS  ARTICLE, SHALL BE FINED IN ACCORDANCE WITH SUBDIVISIONS FOUR
 AND FIVE OF THIS SECTION. THE SECRETARY OF STATE OR THEIR  DESIGNEE  MAY
 ALSO SEEK AN INJUNCTION FROM A COURT OF COMPETENT JURISDICTION PROHIBIT-
 ING  THE  COLLECTION  OF ANY FEES RELATING TO THE OFFERING OR RENTING OF
 THE UNIT AS A SHORT-TERM RESIDENTIAL RENTAL.
   2. ANY PERSON WHO OFFERS A SHORT-TERM RESIDENTIAL RENTAL UNIT  WITHOUT
 REGISTERING  WITH  THE  DEPARTMENT  OF  STATE  OR MUNICIPAL REGISTRATION
 SYSTEM, OR ANY PERSON WHO  OFFERS  AN  ELIGIBLE  SHORT-TERM  RESIDENTIAL
 RENTAL  UNIT AS A SHORT-TERM RENTAL WHILE THE UNIT'S REGISTRATION ON THE
 SHORT-TERM RESIDENTIAL RENTAL UNIT REGISTRY IS SUSPENDED, SHALL BE FINED
 IN ACCORDANCE WITH SUBDIVISIONS FOUR AND FIVE OF THIS SECTION.
   3. ANY PERSON WHO FAILS TO COMPLY WITH  ANY  NOTICE  OF  VIOLATION  OR
 OTHER  ORDER  ISSUED PURSUANT TO THIS ARTICLE BY THE DEPARTMENT OF STATE
 FOR A VIOLATION OF ANY PROVISION OF  THIS  ARTICLE  SHALL  BE  FINED  IN
 ACCORDANCE WITH SUBDIVISIONS FOUR AND FIVE OF THIS SECTION.
   4. IN A MUNICIPALITY THAT DOES NOT HAVE ITS OWN REGISTRATION SYSTEM, A
 SHORT-TERM  RENTAL  HOST  THAT VIOLATES THE REQUIREMENTS OF THIS ARTICLE
 SHALL RECEIVE A WARNING NOTICE ISSUED, WITHOUT PENALTY, BY  THE  DEPART-
 MENT  OF  STATE  UPON THE FIRST AND SECOND VIOLATION. THE WARNING NOTICE
 SHALL DETAIL ACTIONS TO BE TAKEN TO CURE THE VIOLATION.  A  TWO  HUNDRED
 DOLLAR  FINE  SHALL  BE IMPOSED UPON THE THIRD VIOLATION. A ONE THOUSAND
 DOLLAR FINE PER DAY SHALL BE IMPOSED  UPON  ALL  SUBSEQUENT  VIOLATIONS.
 UPON  THE  OCCURRENCE  OF  A  VIOLATION,  A SEVEN-DAY PERIOD TO CURE THE
 VIOLATION SHALL BE GRANTED. DURING SUCH PERIOD, NO FURTHER  FINES  SHALL
 BE  ACCUMULATED AGAINST THE SHORT-TERM RENTAL HOST, EXCEPT WHERE THE NEW
 VIOLATION IS RELATED TO A DIFFERENT SHORT-TERM RENTAL UNIT.
   5. IN A MUNICIPALITY THAT DOES NOT HAVE ITS OWN REGISTRATION SYSTEM, A
 BOOKING SERVICE THAT VIOLATES THE REQUIREMENTS OF THIS ARTICLE SHALL  BE
 ISSUED  A  FIVE  HUNDRED  DOLLAR FINE PER DAY, PER VIOLATION, UNTIL SUCH
 VIOLATION IS CURED.
   6. IN A MUNICIPALITY THAT HAS ITS OWN REGISTRATION SYSTEM, THE MUNICI-
 PALITY MAY ESTABLISH AND EFFECTUATE ITS OWN PENALTY SYSTEM.
   § 24-A. ENFORCEMENT. 1. THE PROVISIONS OF THIS ARTICLE MAY BE ENFORCED
 IN ACCORDANCE WITH ARTICLE EIGHT OF THIS CHAPTER.
   2. THE DEPARTMENT OF STATE MAY ENTER INTO AGREEMENTS  WITH  A  BOOKING
 SERVICE  FOR  ASSISTANCE  IN  ENFORCING  THE PROVISIONS OF THIS SECTION,
 INCLUDING BUT NOT LIMITED TO AN AGREEMENT WHEREBY  THE  BOOKING  SERVICE
 AGREES  TO  REMOVE A LISTING FROM ITS PLATFORM THAT IS DEEMED INELIGIBLE
 FOR USE AS A SHORT-TERM RESIDENTIAL RENTAL UNIT UNDER THE PROVISIONS  OF
 THIS  ARTICLE,  AND  WHEREBY  THE  BOOKING  SERVICE AGREES TO PROHIBIT A
 SHORT-TERM RENTAL HOST FROM LISTING ANY LISTING WITHOUT A  VALID  REGIS-
 TRATION NUMBER.
   3.  THE  ATTORNEY GENERAL SHALL BE AUTHORIZED TO BRING AN ACTION FOR A
 VIOLATION OF THIS ARTICLE FOR  ANY  SUCH  VIOLATIONS  OCCURRING  IN  THE
 S. 885--A                           6
 
 STATE,  REGARDLESS OF THE REGISTRATION SYSTEM IN PLACE WITHIN THE APPLI-
 CABLE JURISDICTION.
   4. A MUNICIPALITY SHALL BE ENTITLED TO BRING AN ACTION FOR A VIOLATION
 OF THIS ARTICLE FOR ANY SUCH VIOLATIONS OF THIS ARTICLE OCCURRING IN THE
 MUNICIPALITY, AND MAY NOTIFY THE ATTORNEY GENERAL.
   §  24-B.  DATA SHARING.  BOOKING SERVICES SHALL PROVIDE TO THE DEPART-
 MENT OF STATE AND MUNICIPALITIES, ON  A  MONTHLY  BASIS,  AN  ELECTRONIC
 REPORT,  IN  A FORMAT DETERMINED BY THE DEPARTMENT OF STATE OF THE LIST-
 INGS MAINTAINED, AUTHORIZED, FACILITATED OR ADVERTISED  BY  THE  BOOKING
 SERVICE WITHIN THE STATE FOR THE APPLICABLE REPORTING PERIOD. THE REPORT
 SHALL  INCLUDE  THE  REGISTRATION  NUMBER,  AND A BREAKDOWN OF WHERE THE
 LISTINGS ARE LOCATED, WHETHER THE LISTING IS FOR A  PARTIAL  UNIT  OR  A
 WHOLE  UNIT,  AND  SHALL  INCLUDE  THE  NUMBER  OF  NIGHTS EACH UNIT WAS
 REPORTED AS OCCUPIED DURING THE APPLICABLE REPORTING PERIOD.
   § 2. The multiple dwelling law is amended by adding a new article  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.   EXCEPTIONS.
         24.   PENALTIES.
         24-A. ENFORCEMENT.
         24-B. DATA SHARING.
   §  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 WITHIN A DWELLING, MADE AVAILABLE FOR RENT BY GUESTS FOR LESS THAN
 THIRTY  CONSECUTIVE DAYS, WHERE THE UNIT IS OFFERED FOR TOURIST OR TRAN-
 SIENT USE BY THE SHORT-TERM RENTAL HOST OF THE RESIDENTIAL UNIT.
   2. "SHORT-TERM RENTAL HOST" MEANS A PERSON IN VALID  LEGAL  POSSESSION
 OF A SHORT-TERM RENTAL UNIT WHO RENTS SUCH UNIT TO GUESTS.
   3.  "BOOKING  SERVICE" MEANS A PERSON OR ENTITY WHO, DIRECTLY OR INDI-
 RECTLY:
   (A) PROVIDES ONE OR MORE ONLINE, COMPUTER OR  APPLICATION-BASED  PLAT-
 FORMS THAT INDIVIDUALLY OR COLLECTIVELY CAN BE USED TO:
   (I) LIST OR ADVERTISE OFFERS FOR SHORT-TERM RENTALS, AND
   (II)  EITHER  ACCEPT  SUCH OFFERS, OR RESERVE OR PAY FOR SUCH RENTALS;
 AND
   (B) CHARGES, COLLECTS OR RECEIVES A FEE FOR THE USE OF SUCH A PLATFORM
 OR FOR PROVISION OF ANY SERVICE IN CONNECTION WITH A SHORT-TERM  RENTAL.
 A  BOOKING  SERVICE  SHALL  NOT  BE CONSTRUED TO INCLUDE A PLATFORM THAT
 SOLELY LISTS OR ADVERTISES OFFERS FOR SHORT-TERM RENTALS.
   § 21. SHORT-TERM RESIDENTIAL RENTAL UNITS; REGULATION. 1. A SHORT-TERM
 RENTAL HOST MAY OPERATE A DWELLING  UNIT  AS  A  SHORT-TERM  RESIDENTIAL
 RENTAL UNIT PROVIDED SUCH DWELLING UNIT:
   (A)  IS REGISTERED IN ACCORDANCE WITH SECTION TWENTY-TWO OF THIS ARTI-
 CLE;
   (B) IS NOT USED TO PROVIDE SINGLE ROOM OCCUPANCY AS DEFINED BY  SUBDI-
 VISION SIXTEEN OF SECTION FOUR OF THIS CHAPTER;
   (C) INCLUDES A CONSPICUOUSLY POSTED EVACUATION DIAGRAM IDENTIFYING ALL
 MEANS OF EGRESS FROM THE UNIT AND THE BUILDING IN WHICH IT IS LOCATED;
 S. 885--A                           7
 
   (D)  INCLUDES  A  CONSPICUOUSLY POSTED LIST OF EMERGENCY PHONE NUMBERS
 FOR POLICE, FIRE, AND POISON CONTROL;
   (E) HAS A WORKING FIRE-EXTINGUISHER; AND
   (F) IS INSURED BY AN INSURER LICENSED TO WRITE INSURANCE IN THIS STATE
 OR  PROCURED  BY  A DULY LICENSED EXCESS LINE BROKER PURSUANT TO SECTION
 TWO THOUSAND ONE HUNDRED EIGHTEEN OF THE INSURANCE LAW FOR AT LEAST  THE
 VALUE  OF THE DWELLING, PLUS A MINIMUM OF THREE HUNDRED THOUSAND DOLLARS
 COVERAGE FOR THIRD PARTY CLAIMS OF PROPERTY DAMAGE OR BODILY INJURY THAT
 ARISE OUT OF THE OPERATION OF A SHORT-TERM RENTAL UNIT.  NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW, NO INSURER SHALL BE REQUIRED TO PROVIDE SUCH
 COVERAGE.
   2. OCCUPANCIES OF A SHORT-TERM RENTAL UNIT SHALL BE SUBJECT  TO  TAXES
 AND  FEES  PURSUANT  TO ARTICLES TWENTY-EIGHT AND TWENTY-NINE OF THE TAX
 LAW AND APPLICABLE LOCAL LAWS.
   3. SHORT-TERM RENTAL HOSTS SHALL MAINTAIN  RECORDS  RELATED  TO  GUEST
 STAYS  FOR  TWO YEARS FOLLOWING THE END OF THE CALENDAR YEAR IN WHICH AN
 INDIVIDUAL RENTAL STAY OCCURRED, INCLUDING THE DATE  OF  EACH  STAY  AND
 NUMBER  OF  GUESTS,  THE COST FOR EACH STAY, INCLUDING RELEVANT TAX, AND
 RECORDS RELATED TO THEIR REGISTRATION AS SHORT-TERM  RENTAL  HOSTS  WITH
 THE DEPARTMENT OF STATE. AS A REQUIREMENT FOR REGISTRATION UNDER SECTION
 TWENTY-TWO  OF  THIS  ARTICLE,  HOSTS SHALL PROVIDE THESE RECORDS TO THE
 DEPARTMENT OF STATE ON AN ANNUAL BASIS. THE DEPARTMENT SHALL SHARE  THIS
 REPORT  WITH  COUNTY,  CITY, TOWN, OR VILLAGE GOVERNMENTS AND SHALL MAKE
 SUCH REPORTS AVAILABLE TO  LOCAL  MUNICIPAL  ENFORCEMENT  AGENCIES  UPON
 REQUEST.   WHERE THE BOOKING PLATFORM IS THE SHORT-TERM RENTAL HOST, THE
 SHORT-TERM RENTAL HOST MAY BE EXEMPT FROM PROVIDING SUCH REPORT PROVIDED
 THAT THE BOOKING PLATFORM INCLUDES ALL NECESSARY INFORMATION REQUIRED OF
 A SHORT-TERM RENTAL HOST IN THE REPORT REQUIRED PURSUANT TO  SUBDIVISION
 FOUR OF THIS SECTION.
   4.  NOTWITHSTANDING  THE PROVISIONS OF ANY OTHER LAW OR ADMINISTRATIVE
 ACTION TO THE CONTRARY, BOOKING SERVICES SHALL DEVELOP  AND  MAINTAIN  A
 REPORT  RELATED  TO  SHORT-TERM RENTAL UNIT GUEST STAYS THAT THE BOOKING
 SERVICE HAS FACILITATED IN THE STATE FOR TWO YEARS FOLLOWING THE END  OF
 THE  CALENDAR  YEAR  IN  WHICH  AN  INDIVIDUAL RENTAL STAY OCCURRED. THE
 REPORT SHALL INCLUDE THE DATES OF EACH STAY AND THE  NUMBER  OF  GUESTS,
 THE  COST  FOR  EACH STAY, INCLUDING RELEVANT TAX, THE PHYSICAL ADDRESS,
 INCLUDING ANY UNIT DESIGNATION, OF EACH SHORT-TERM RENTAL  UNIT  BOOKED,
 THE  FULL  LEGAL  NAME  OF  EACH SHORT-TERM RENTAL UNIT'S HOST, AND EACH
 SHORT-TERM RENTAL UNIT'S REGISTRATION NUMBER. IN  THE  EVENT  A  BOOKING
 SERVICE DOES NOT ADHERE TO SUBDIVISION TWO OF SECTION TWENTY-TWO OF THIS
 ARTICLE,  OR  MORE  INFORMATION IS DEEMED NECESSARY BY THE DEPARTMENT OF
 STATE, THE DEPARTMENT MAY ACCESS THIS REPORT AND/OR ALL RELEVANT RECORDS
 FROM A BOOKING SERVICE IN RESPONSE TO VALID LEGAL PROCESS.  THE  DEPART-
 MENT  SHALL SHARE THIS REPORT AND/OR RECORDS WITH COUNTY, CITY, TOWN, OR
 VILLAGE GOVERNMENTS AND SHALL  MAKE  SUCH  REPORTS  AVAILABLE  TO  LOCAL
 MUNICIPAL ENFORCEMENT AGENCIES WHEN LAWFULLY REQUESTED.  REPORTS AND ANY
 RECORDS  PROVIDED  TO  GENERATE  SUCH REPORTS SHALL NOT BE MADE PUBLICLY
 AVAILABLE WITHOUT THE REDACTION OF THE  FULL LEGAL NAME OF  EACH  SHORT-
 TERM  RENTAL  UNIT'S  HOST,  THE  STREET NAME AND NUMBER OF THE PHYSICAL
 ADDRESS OF ANY IDENTIFIED SHORT-TERM RENTAL UNIT AND THE  UNIT'S  REGIS-
 TRATION NUMBER.
   5.  IT  SHALL  BE  UNLAWFUL FOR A BOOKING SERVICE TO COLLECT A FEE FOR
 FACILITATING BOOKING  TRANSACTIONS  FOR  SHORT-TERM  RESIDENTIAL  RENTAL
 UNITS  LOCATED IN THIS STATE IF THE SHORT-TERM RENTAL UNIT AND ITS OWNER
 OR TENANT HAVE NOT BEEN ISSUED A  CURRENT,  VALID  REGISTRATION  BY  THE
 DEPARTMENT OF STATE OR AN APPLICABLE MUNICIPALITY.
 S. 885--A                           8
 
   6.  THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO ALL SHORT-TERM RESI-
 DENTIAL RENTAL UNITS IN THE STATE; PROVIDED,  HOWEVER,  THAT  A  MUNICI-
 PALITY  THAT HAS ITS OWN SHORT-TERM RESIDENTIAL RENTAL UNIT REGISTRY MAY
 CONTINUE SUCH REGISTRY AND ALL SHORT-TERM RESIDENTIAL  RENTAL  UNITS  IN
 SUCH MUNICIPALITY SHALL BE REQUIRED TO BE REGISTERED WITH SUCH MUNICIPAL
 REGISTRY  AND  SHALL  NOT BE REQUIRED TO REGISTER WITH THE DEPARTMENT OF
 STATE. MUNICIPALITIES WITH SHORT-TERM RESIDENTIAL RENTAL UNIT REGISTRIES
 SHALL MAINTAIN THE AUTHORITY TO MANAGE SUCH REGISTRIES  AND  TO  COLLECT
 FINES  FOR VIOLATIONS RELATED TO THE REGISTRATION OF SHORT-TERM RESIDEN-
 TIAL RENTAL UNITS. MUNICIPALITIES  WITH  SHORT-TERM  RESIDENTIAL  RENTAL
 UNIT  REGISTRIES  SHALL  PROVIDE  INFORMATION  ON SHORT-TERM RESIDENTIAL
 RENTAL UNITS REGISTERED WITHIN SUCH MUNICIPALITY TO  THE  DEPARTMENT  OF
 STATE,  ON  A  QUARTERLY  BASIS  OF  EACH CALENDAR YEAR IN ORDER FOR THE
 DEPARTMENT TO MAINTAIN A CURRENT DATABASE OF ALL SHORT-TERM  RESIDENTIAL
 UNITS  REGISTERED WITHIN THE STATE. MUNICIPALITIES WITH SHORT-TERM RESI-
 DENTIAL RENTAL UNIT REGISTRIES SHALL NOT BE SUBJECT  TO  THE  REGULATION
 REQUIREMENTS OF THIS SECTION AND MAY ESTABLISH REGISTRATION REQUIREMENTS
 AND  REGULATIONS IN SUCH MUNICIPALITY WHICH MAY DIFFER FROM THE REQUIRE-
 MENTS OF THIS SECTION.
   § 22. REGISTRATION. 1. SHORT-TERM RENTAL HOSTS SHALL  BE  REQUIRED  TO
 REGISTER  A  SHORT-TERM  RESIDENTIAL  RENTAL UNIT WITH THE DEPARTMENT OF
 STATE OR WITH THE MUNICIPALITY WHERE SUCH SHORT-TERM RESIDENTIAL UNIT IS
 LOCATED IF SUCH MUNICIPALITY HAS A REGISTRATION SYSTEM; PROVIDED, HOWEV-
 ER, THAT THE DEPARTMENT OF STATE SHALL  NOT  ACCEPT  AN  APPLICATION  TO
 REGISTER A SHORT-TERM RESIDENTIAL RENTAL UNIT FOR A UNIT THAT IS LOCATED
 IN  A  MUNICIPALITY  WHICH  HAS ITS OWN REGISTRATION SYSTEM AND THAT HAS
 NOTIFIED THE DEPARTMENT OF STATE OF SUCH REGISTRATION SYSTEM.
   (A) REGISTRATION WITH THE DEPARTMENT OF STATE SHALL BE VALID  FOR  TWO
 YEARS,  AFTER WHICH TIME THE SHORT-TERM RENTAL HOST MAY RENEW HIS OR HER
 REGISTRATION IN A MANNER PRESCRIBED BY  THE  DEPARTMENT  OF  STATE.  THE
 DEPARTMENT  OF  STATE MAY REVOKE THE REGISTRATION OF A SHORT-TERM RENTAL
 HOST UPON A DETERMINATION THAT THE SHORT-TERM RENTAL HOST  HAS  VIOLATED
 ANY  PROVISION  OF  THIS  ARTICLE  AT  LEAST THREE TIMES IN TWO CALENDAR
 YEARS, AND MAY DETERMINE THAT THE SHORT-TERM RENTAL HOST SHALL BE INELI-
 GIBLE FOR REGISTRATION FOR A PERIOD OF UP TO TWELVE MONTHS FROM THE DATE
 OF SUCH DETERMINATION OR AT THE REQUEST  OF  A  MUNICIPALITY  WHEN  SUCH
 MUNICIPALITY  REQUESTS SUCH REVOCATION DUE TO ILLEGAL OCCUPANCY. LISTING
 OR USING A DWELLING UNIT, OR PORTION THEREOF, AS A  SHORT-TERM  RESIDEN-
 TIAL  RENTAL  UNIT WITHOUT CURRENT, VALID REGISTRATION SHALL BE UNLAWFUL
 AND SHALL MAKE PERSONS WHO LIST OR USE SUCH UNIT INELIGIBLE  FOR  REGIS-
 TRATION  FOR  A PERIOD OF TWELVE MONTHS FROM THE DATE A DETERMINATION IS
 MADE THAT A VIOLATION HAS OCCURRED.
   (B) A SHORT-TERM RENTAL HOST SHALL INCLUDE THEIR CURRENT, VALID REGIS-
 TRATION NUMBER ON ALL OFFERINGS, LISTINGS OR ADVERTISEMENTS  FOR  SHORT-
 TERM RENTAL GUEST STAYS.
   (C) A TENANT, OR OTHER PERSON THAT DOES NOT OWN A UNIT THAT IS USED AS
 A  SHORT-TERM  RENTAL  UNIT BUT IS IN VALID LEGAL POSSESSION OF A SHORT-
 TERM RESIDENTIAL RENTAL UNIT, SHALL NOT QUALIFY FOR REGISTRATION IF THEY
 ARE NOT THE PERMANENT OCCUPANT OF THE DWELLING UNIT IN QUESTION AND HAVE
 NOT BEEN GRANTED PERMISSION IN WRITING BY THE OWNER FOR  ITS  SHORT-TERM
 RENTAL,  TO  BE  VERIFIED BY THE DEPARTMENT OF STATE OR ANY MUNICIPALITY
 WITH ITS OWN REGISTRATION SYSTEM.
   (D) THE DEPARTMENT OF STATE SHALL MAKE AVAILABLE TO PLATFORMS THE DATA
 NECESSARY TO ALLOW BOOKING PLATFORMS TO VERIFY THE  REGISTRATION  STATUS
 OF  A SHORT-TERM RESIDENTIAL RENTAL UNIT AND THAT THE UNIT IS ASSOCIATED
 WITH THE SHORT-TERM RENTAL HOST WHO REGISTERED THE UNIT.
 S. 885--A                           9
 
   (E) THE SHORT-TERM RENTAL HOST SHALL PAY APPLICATION AND RENEWAL  FEES
 IN AN AMOUNT TO BE ESTABLISHED BY THE DEPARTMENT OF STATE.
   (F)  THERE  SHALL  BE A FEE FOR THE USE OF THE ELECTRONIC VERIFICATION
 SYSTEM IN AN AMOUNT TO BE ESTABLISHED BY THE DEPARTMENT OF  STATE.  SUCH
 FEE  SHALL  NOT  EXCEED  THE  COST  TO BUILD, OPERATE, AND MAINTAIN SUCH
 SYSTEM.
   2. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW  OR  ADMINISTRATIVE
 ACTION  TO  THE  CONTRARY, IT SHALL BE UNLAWFUL FOR A BOOKING SERVICE TO
 COLLECT A FEE FOR FACILITATING BOOKING TRANSACTIONS FOR SHORT-TERM RESI-
 DENTIAL RENTAL UNITS LOCATED IN THIS  STATE  WITHOUT  FIRST  REGISTERING
 WITH THE DEPARTMENT OF STATE. ACCORDINGLY, BOOKING SERVICES SHALL ADHERE
 TO  THE  FOLLOWING,  IN ADDITION TO OTHER REGULATIONS ESTABLISHED BY THE
 DEPARTMENT, AS CONDITIONS OF SUCH REGISTRATION:
   (A) BOOKING SERVICES SHALL PROVIDE TO THE DEPARTMENT  ON  A  QUARTERLY
 BASIS,  IN  A  FORM  AND  MANNER TO BE DETERMINED BY THE DEPARTMENT, THE
 REPORT DEVELOPED AND MAINTAINED BY THE  BOOKING  SERVICE  IN  ACCORDANCE
 WITH SUBDIVISION FOUR OF SECTION TWENTY-ONE OF THIS ARTICLE. THE DEPART-
 MENT SHALL SHARE THIS REPORT WITH COUNTY, CITY, TOWN, OR VILLAGE GOVERN-
 MENTS  AND SHALL MAKE SUCH REPORTS AVAILABLE TO LOCAL MUNICIPAL ENFORCE-
 MENT AGENCIES WHEN LAWFULLY REQUESTED.
   (B) A BOOKING SERVICE  SHALL  PROVIDE  AGREEMENT  IN  WRITING  TO  THE
 DEPARTMENT THAT IT WILL:
   (I)  OBTAIN WRITTEN CONSENT FROM ALL SHORT-TERM RENTAL HOSTS INTENDING
 TO UTILIZE THEIR  PLATFORM,  FOR  SHORT-TERM  RESIDENTIAL  RENTAL  UNITS
 LOCATED IN THIS STATE, FOR THE DISCLOSURE OF THE INFORMATION PURSUANT TO
 SUBDIVISION  FOUR  OF  SECTION TWENTY-ONE OF THIS ARTICLE, IN ACCORDANCE
 WITH PARAGRAPH (A) OF THIS SUBDIVISION; AND
   (II) FURNISH THE INFORMATION IDENTIFIED PURSUANT TO  SUBDIVISION  FOUR
 OF  SECTION TWENTY-ONE OF THIS ARTICLE, IN ACCORDANCE WITH PARAGRAPH (A)
 OF THIS SUBDIVISION.
    3. THE DEPARTMENT OF STATE SHALL SET A FEE FOR SHORT-TERM RESIDENTIAL
 RENTAL UNIT AND BOOKING SERVICE REGISTRATION WITH THE DEPARTMENT.
   § 23. EXCEPTIONS. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER  LAW  TO
 THE CONTRARY, THIS ARTICLE SHALL NOT APPLY TO:
   1. INCIDENTAL AND OCCASIONAL OCCUPANCY OF SUCH DWELLING UNIT FOR FEWER
 THAN  THIRTY  CONSECUTIVE DAYS BY OTHER PERSONS WHEN THE PERMANENT OCCU-
 PANTS 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
   2. A MUNICIPALITY WHICH DOES NOT ALLOW SHORT-TERM RESIDENTIAL RENTALS;
 PROVIDED, HOWEVER, THAT SUCH MUNICIPALITY  SHALL  REQUEST  AN  EXCEPTION
 FROM THIS ARTICLE; OR
   3. TEMPORARY HOUSING OR LODGING PERMITTED BY THE DEPARTMENT OF HEALTH.
   §  24.  PENALTIES.  NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO
 THE CONTRARY:
   1. ANY BOOKING SERVICE WHICH COLLECTS A FEE RELATED TO BOOKING A  UNIT
 AS  A SHORT-TERM RENTAL, WHERE SUCH UNIT IS NOT REGISTERED IN ACCORDANCE
 WITH THIS ARTICLE, SHALL BE FINED IN ACCORDANCE WITH  SUBDIVISIONS  FOUR
 AND  FIVE OF THIS SECTION.  THE SECRETARY OF STATE OR THEIR DESIGNEE MAY
 ALSO SEEK AN INJUNCTION FROM A COURT OF COMPETENT JURISDICTION PROHIBIT-
 ING THE COLLECTION OF ANY FEES RELATING TO THE OFFERING  OR  RENTING  OF
 THE UNIT AS A SHORT-TERM RESIDENTIAL RENTAL.
    2. ANY PERSON WHO OFFERS A SHORT-TERM RESIDENTIAL RENTAL UNIT WITHOUT
 REGISTERING  WITH  THE  DEPARTMENT  OF  STATE  OR MUNICIPAL REGISTRATION
 SYSTEM, OR ANY PERSON WHO  OFFERS  AN  ELIGIBLE  SHORT-TERM  RESIDENTIAL
 RENTAL  UNIT AS A SHORT-TERM RENTAL WHILE THE UNIT'S REGISTRATION ON THE
 S. 885--A                          10
 
 SHORT-TERM RESIDENTIAL RENTAL UNIT REGISTRY IS SUSPENDED, SHALL BE FINED
 IN ACCORDANCE WITH SUBDIVISIONS FOUR AND FIVE OF THIS SECTION.
   3.  ANY  PERSON  WHO  FAILS  TO COMPLY WITH ANY NOTICE OF VIOLATION OR
 OTHER ORDER ISSUED PURSUANT TO THIS ARTICLE BY THE DEPARTMENT  OF  STATE
 FOR  A  VIOLATION  OF  ANY  PROVISION  OF THIS ARTICLE SHALL BE FINED IN
 ACCORDANCE WITH SUBDIVISIONS FOUR AND FIVE OF THIS SECTION.
   4. IN A MUNICIPALITY THAT DOES NOT HAVE ITS OWN REGISTRATION SYSTEM, A
 SHORT-TERM RENTAL HOST THAT VIOLATES THE REQUIREMENTS  OF  THIS  ARTICLE
 SHALL  RECEIVE  A WARNING NOTICE ISSUED, WITHOUT PENALTY, BY THE DEPART-
 MENT OF STATE UPON THE FIRST AND SECOND VIOLATION.  THE  WARNING  NOTICE
 SHALL  DETAIL  ACTIONS  TO BE TAKEN TO CURE THE VIOLATION. A TWO HUNDRED
 DOLLAR FINE SHALL BE IMPOSED UPON THE THIRD VIOLATION.  A  ONE  THOUSAND
 DOLLAR  FINE  PER  DAY  SHALL BE IMPOSED UPON ALL SUBSEQUENT VIOLATIONS.
 UPON THE OCCURRENCE OF A VIOLATION,  A  SEVEN-DAY  PERIOD  TO  CURE  THE
 VIOLATION  SHALL  BE GRANTED. DURING SUCH PERIOD, NO FURTHER FINES SHALL
 BE ACCUMULATED AGAINST THE SHORT-TERM RENTAL HOST, EXCEPT WHERE THE  NEW
 VIOLATION IS RELATED TO A DIFFERENT SHORT-TERM RENTAL UNIT.
   5. IN A MUNICIPALITY THAT DOES NOT HAVE ITS OWN REGISTRATION SYSTEM, A
 BOOKING  SERVICE THAT VIOLATES THE REQUIREMENTS OF THIS ARTICLE SHALL BE
 ISSUED A FIVE HUNDRED DOLLAR FINE PER  DAY,  PER  VIOLATION,  UNTIL  THE
 VIOLATION IS CURED.
   6. IN A MUNICIPALITY THAT HAS ITS OWN REGISTRATION SYSTEM, THE MUNICI-
 PALITY MAY ESTABLISH AND EFFECTUATE ITS OWN PENALTY SYSTEM.
   § 24-A. ENFORCEMENT. 1. THE PROVISIONS OF THIS ARTICLE MAY BE ENFORCED
 IN ACCORDANCE WITH ARTICLE EIGHT OF THIS CHAPTER.
   2.  THE  DEPARTMENT  OF STATE MAY ENTER INTO AGREEMENTS WITH A BOOKING
 SERVICE FOR ASSISTANCE IN ENFORCING  THE  PROVISIONS  OF  THIS  SECTION,
 INCLUDING  BUT  NOT  LIMITED TO AN AGREEMENT WHEREBY THE BOOKING SERVICE
 AGREES TO REMOVE A LISTING FROM ITS PLATFORM THAT IS  DEEMED  INELIGIBLE
 FOR  USE AS A SHORT-TERM RESIDENTIAL RENTAL UNIT UNDER THE PROVISIONS OF
 THIS ARTICLE, AND WHEREBY THE  BOOKING  SERVICE  AGREES  TO  PROHIBIT  A
 SHORT-TERM  RENTAL  HOST FROM LISTING ANY LISTING WITHOUT A VALID REGIS-
 TRATION NUMBER.
   3. THE ATTORNEY GENERAL SHALL BE AUTHORIZED TO BRING AN ACTION  FOR  A
 VIOLATION  OF  THIS  ARTICLE  FOR  ANY  SUCH VIOLATIONS OCCURRING IN THE
 STATE, REGARDLESS OF THE REGISTRATION SYSTEM IN PLACE WITHIN THE  APPLI-
 CABLE JURISDICTION.
   4. A MUNICIPALITY SHALL BE ENTITLED TO BRING AN ACTION FOR A VIOLATION
 OF THIS ARTICLE FOR ANY SUCH VIOLATIONS OF THIS ARTICLE OCCURRING IN THE
 MUNICIPALITY, AND MAY NOTIFY THE ATTORNEY GENERAL.
   § 24-B. DATA SHARING. BOOKING SERVICES SHALL PROVIDE TO THE DEPARTMENT
 OF  STATE  AND MUNICIPALITIES, ON A MONTHLY BASIS, AN ELECTRONIC REPORT,
 IN A FORMAT DETERMINED BY THE DEPARTMENT OF STATE OF THE LISTINGS  MAIN-
 TAINED,  AUTHORIZED,  FACILITATED  OR  ADVERTISED BY THE BOOKING SERVICE
 WITHIN THE STATE FOR THE APPLICABLE REPORTING PERIOD. THE  REPORT  SHALL
 INCLUDE  THE  REGISTRATION NUMBER, AND A BREAKDOWN OF WHERE THE LISTINGS
 ARE LOCATED, WHETHER THE LISTING IS FOR A PARTIAL UNIT OR A WHOLE  UNIT,
 AND  SHALL  INCLUDE THE NUMBER OF NIGHTS EACH UNIT WAS REPORTED AS OCCU-
 PIED DURING THE APPLICABLE REPORTING PERIOD.
   § 3. Subdivision (c) of section 1101 of the tax law, as added by chap-
 ter 93 of the laws of 1965, paragraphs 2, 3,  4  and  6  as  amended  by
 section 2 and paragraph 8 as added by section 3 of part AA of chapter 57
 of  the  laws  of 2010, and paragraph 5 as amended by chapter 575 of the
 laws of 1965, is amended to read as follows:
   (c) When used in this article for the  purposes  of  the  tax  imposed
 under  subdivision  (e)  of section eleven hundred five OF THIS ARTICLE,
 S. 885--A                          11
 
 AND SUBDIVISION (A) OF SECTION ELEVEN HUNDRED FOUR OF THIS ARTICLE,  the
 following terms shall mean:
   (1)  Hotel.  A  building  or portion of it which is regularly used and
 kept open as such for the lodging of guests. The term  "hotel"  includes
 an  apartment  hotel,  a  motel,  boarding house or club, whether or not
 meals are served, AND SHORT-TERM RENTAL UNITS.
   (2) Occupancy. The use or possession, or  the  right  to  the  use  or
 possession,  of  any  room  in a hotel. "Right to the use or possession"
 includes the rights of a room remarketer as described in paragraph eight
 of this subdivision.
   (3) Occupant. A person who, for a consideration, uses,  possesses,  or
 has  the  right  to use or possess, any room in a hotel under any lease,
 concession, permit, right of access, license to use or other  agreement,
 or  otherwise.  "Right  to use or possess" includes the rights of a room
 remarketer as described in paragraph eight of this subdivision.
   (4) Operator. Any person operating a hotel. Such term shall include  a
 room  remarketer  and  such room remarketer shall be deemed to operate a
 hotel, or portion thereof, with respect to which  such  person  has  the
 rights of a room remarketer.
   (5)  Permanent  resident. Any occupant of any room or rooms in a hotel
 for at least ninety consecutive days shall  be  considered  a  permanent
 resident with regard to the period of such occupancy.
   (6)  Rent.  The  consideration  received  for occupancy, including any
 service or other charge or amount required to be paid as a condition for
 occupancy, valued in money, whether received in money or  otherwise  and
 whether received by the operator [or], A BOOKING SERVICE, a room remark-
 eter or another person on behalf of [either] ANY of them.
   (7)  Room.  Any  room or rooms of any kind in any part or portion of a
 hotel, which is available for or let out for any purpose  other  than  a
 place of assembly.
   (8)  Room remarketer. A person who reserves, arranges for, conveys, or
 furnishes occupancy, whether directly or indirectly, to an occupant  for
 rent  in  an amount determined by the room remarketer, directly or indi-
 rectly, whether pursuant to a written or other agreement. Such  person's
 ability  or  authority to reserve, arrange for, convey, or furnish occu-
 pancy, directly or indirectly, and to determine rent therefor, shall  be
 the  "rights of a room remarketer". A room remarketer is not a permanent
 resident with respect to a room for which such person has the rights  of
 a  room remarketer.  THIS TERM DOES NOT INCLUDE A BOOKING SERVICE UNLESS
 SUCH SERVICE OTHERWISE MEETS THIS DEFINITION.
   (9) SHORT-TERM RENTAL UNIT.  A SHORT-TERM RESIDENTIAL UNIT AS  DEFINED
 IN  SECTION TWENTY OF THE MULTIPLE RESIDENCE LAW OR IN SECTION TWENTY OF
 THE MULTIPLE DWELLING LAW WHICH IS REGISTERED  WITH  THE  DEPARTMENT  OF
 STATE  OR  A  MUNICIPAL  REGISTRATION  SYSTEM, WHICH INCLUDES BUT IS NOT
 LIMITED TO TITLE TWENTY-SIX OF THE ADMINISTRATIVE CODE OF  THE  CITY  OF
 NEW YORK.
   (10)  BOOKING  SERVICE.  (I) A PERSON OR ENTITY WHO, DIRECTLY OR INDI-
 RECTLY:
   (A) PROVIDES ONE OR MORE ONLINE, COMPUTER OR  APPLICATION-BASED  PLAT-
 FORMS THAT INDIVIDUALLY OR COLLECTIVELY CAN BE USED TO:
   (I) LIST OR ADVERTISE OFFERS FOR RENTAL SPACE IN A HOTEL, AND
   (II)  EITHER  ACCEPT  SUCH OFFERS, OR RESERVE OR PAY FOR SUCH RENTALS;
 AND
   (B) CHARGES, COLLECTS OR RECEIVES A FEE FROM A CUSTOMER  OR  HOST  FOR
 THE USE OF SUCH A PLATFORM OR FOR PROVISION OF ANY SERVICE IN CONNECTION
 WITH  RENTAL  SPACE  IN  A  HOTEL.    FOR  THE PURPOSES OF THIS SECTION,
 S. 885--A                          12
 
 "CUSTOMER" MEANS AN INDIVIDUAL OR ORGANIZATION THAT PURCHASES A STAY  AT
 A SHORT-TERM RENTAL.
   (II) A BOOKING SERVICE SHALL NOT INCLUDE A PERSON OR ENTITY WHO FACIL-
 ITATES BOOKINGS OF HOTEL ROOMS SOLELY ON BEHALF OF AFFILIATED PERSONS OR
 ENTITIES, INCLUDING FRANCHISEES, OPERATING UNDER A SHARED HOTEL BRAND.
   §  4.  Subdivision  (e)  of  section 1105 of the tax law is amended by
 adding a new paragraph 3 to read as follows:
   (3) THE RENT FOR EVERY OCCUPANCY OF A ROOM OR ROOMS IN A HOTEL OFFERED
 FOR RENT THROUGH A BOOKING SERVICE,  AS  DEFINED  IN  PARAGRAPH  TEN  OF
 SUBDIVISION  (C)  OF SECTION ELEVEN HUNDRED ONE OF THIS ARTICLE, REGARD-
 LESS OF WHETHER IT IS FURNISHED, LIMITED TO A SINGLE  FAMILY  OCCUPANCY,
 OR  PROVIDES HOUSEKEEPING, FOOD, OR OTHER COMMON HOTEL SERVICES, INCLUD-
 ING, BUT NOT LIMITED TO, ENTERTAINMENT OR PLANNED ACTIVITIES.
   § 5. Subdivision 1 of section 1131 of  the  tax  law,  as  amended  by
 section  2  of  part  G of chapter 59 of the laws of 2019, is amended to
 read as follows:
   (1) "Persons required to collect tax" or "person required  to  collect
 any tax imposed by this article" shall include: every vendor of tangible
 personal  property  or  services;  every recipient of amusement charges;
 every operator of a hotel; [and] every marketplace provider with respect
 to sales of tangible personal property it facilitates  as  described  in
 paragraph  one  of subdivision (e) of section eleven hundred one of this
 article; AND BOOKING SERVICES UNLESS RELIEVED OF SUCH OBLIGATION  PURSU-
 ANT  TO  PARAGRAPH  THREE  OF  SUBDIVISION (M) OF SECTION ELEVEN HUNDRED
 THIRTY-TWO OF THIS PART. Said terms  shall  also  include  any  officer,
 director or employee of a corporation or of a dissolved corporation, any
 employee  of a partnership, any employee or manager of a limited liabil-
 ity company, or any employee of an individual proprietorship who as such
 officer, director, employee or manager is under a duty to act  for  such
 corporation,   partnership,  limited  liability  company  or  individual
 proprietorship in complying with any requirement of this article, or has
 so acted; and any member of a partnership or limited liability  company.
 Provided,  however,  that any person who is a vendor solely by reason of
 clause (D) or (E) of subparagraph (i) of paragraph  (8)  of  subdivision
 (b) of section eleven hundred one of this article shall not be a "person
 required  to  collect any tax imposed by this article" until twenty days
 after the date by which such person is required to file a certificate of
 registration pursuant to section  eleven  hundred  thirty-four  of  this
 part.
   §  6.  Section 1132 of the tax law is amended by adding a new subdivi-
 sion (m) to read as follows:
   (M) (1) A BOOKING SERVICE SHALL BE REQUIRED TO (I)  COLLECT  FROM  THE
 OCCUPANTS  THE  APPLICABLE  TAXES  ARISING  FROM  SUCH OCCUPANCIES; (II)
 COMPLY WITH ALL THE PROVISIONS OF THIS ARTICLE AND  ARTICLE  TWENTY-NINE
 OF  THIS  CHAPTER  AND  ANY  REGULATIONS ADOPTED PURSUANT THERETO; (III)
 REGISTER TO COLLECT TAX UNDER SECTION ELEVEN HUNDRED THIRTY-FOUR OF THIS
 PART; AND (IV) RETAIN RECORDS AND INFORMATION AS REQUIRED BY THE COMMIS-
 SIONER  AND  COOPERATE  WITH  THE  COMMISSIONER  TO  ENSURE  THE  PROPER
 COLLECTION  AND  REMITTANCE OF TAX IMPOSED, COLLECTED, OR REQUIRED TO BE
 COLLECTED UNDER THIS ARTICLE AND ARTICLE TWENTY-NINE OF THIS CHAPTER.
   (2) IN CARRYING OUT THE OBLIGATIONS  IMPOSED  UNDER  THIS  SECTION,  A
 BOOKING SERVICE SHALL HAVE ALL THE DUTIES, BENEFITS, AND ENTITLEMENTS OF
 A  PERSON REQUIRED TO COLLECT TAX UNDER THIS ARTICLE AND ARTICLE TWENTY-
 NINE OF THIS CHAPTER WITH RESPECT TO THE OCCUPANCIES GIVING RISE TO  THE
 TAX  OBLIGATION,  INCLUDING  THE  RIGHT TO ACCEPT A CERTIFICATE OR OTHER
 DOCUMENTATION FROM AN OCCUPANT SUBSTANTIATING AN EXEMPTION OR  EXCLUSION
 S. 885--A                          13
 
 FROM TAX, AS IF SUCH BOOKING SERVICE WERE THE OPERATOR OF THE HOTEL WITH
 RESPECT  TO  SUCH  OCCUPANCY,  INCLUDING THE RIGHT TO RECEIVE THE REFUND
 AUTHORIZED BY SUBDIVISION (E) OF THIS SECTION AND THE CREDIT ALLOWED  BY
 SUBDIVISION (F) OF SECTION ELEVEN HUNDRED THIRTY-SEVEN OF THIS PART.
   (3) AN OPERATOR OF A HOTEL IS NOT A PERSON REQUIRED TO COLLECT TAX FOR
 PURPOSES  OF THIS PART WITH RESPECT TO TAXES IMPOSED UPON OCCUPANCIES OF
 HOTELS IF:
   (I) THE OPERATOR OF THE HOTEL CAN SHOW THAT THE OCCUPANCY WAS  FACILI-
 TATED  BY A BOOKING SERVICE WHO IS REGISTERED TO COLLECT TAX PURSUANT TO
 SECTION ELEVEN HUNDRED THIRTY-FOUR OF THIS PART; AND
   (II) THE OPERATOR OF THE HOTEL ACCEPTED FROM  THE  BOOKING  SERVICE  A
 PROPERLY COMPLETED CERTIFICATE OF COLLECTION IN A FORM PRESCRIBED BY THE
 COMMISSIONER  CERTIFYING  THAT  THE BOOKING SERVICE HAS AGREED TO ASSUME
 THE TAX COLLECTION AND FILING RESPONSIBILITIES OF THE  OPERATOR  OF  THE
 HOTEL; AND
   (III)  ANY FAILURE OF THE BOOKING SERVICE TO COLLECT THE PROPER AMOUNT
 OF TAX WITH RESPECT TO SUCH OCCUPANCY WAS NOT THE RESULT OF THE OPERATOR
 OF THE HOTEL PROVIDING INCORRECT INFORMATION  TO  THE  BOOKING  SERVICE,
 WHETHER INTENTIONAL OR UNINTENTIONAL.
   THIS  PROVISION  SHALL  BE  ADMINISTERED  IN  A MANNER CONSISTENT WITH
 SUBPARAGRAPH (I) OF PARAGRAPH ONE OF SUBDIVISION (C) OF THIS SECTION  AS
 IF  A  CERTIFICATE  OF COLLECTION WERE A RESALE OR EXEMPTION CERTIFICATE
 FOR  PURPOSES  OF  SUCH  SUBPARAGRAPH,  INCLUDING  WITH  REGARD  TO  THE
 COMPLETENESS  OF  SUCH  CERTIFICATE  OF COLLECTION AND THE TIMING OF ITS
 ACCEPTANCE BY THE OPERATOR OF THE HOTEL;  PROVIDED  HOWEVER,  THAT  WITH
 REGARD  TO  ANY  OCCUPANCIES  SOLD  BY AN OPERATOR OF THE HOTEL THAT ARE
 FACILITATED BY A BOOKING SERVICE WHO IS AFFILIATED WITH  SUCH  OPERATOR,
 THE  OPERATOR SHALL BE DEEMED LIABLE AS A PERSON UNDER A DUTY TO ACT FOR
 SUCH BOOKING SERVICE FOR PURPOSES OF SUBDIVISION ONE OF  SECTION  ELEVEN
 HUNDRED THIRTY-ONE OF THIS PART.
   (4)  THE  COMMISSIONER  MAY, IN HIS OR HER DISCRETION DEVELOP STANDARD
 LANGUAGE, OR APPROVE LANGUAGE DEVELOPED BY A BOOKING SERVICE,  IN  WHICH
 THE BOOKING SERVICE OBLIGATES ITSELF TO COLLECT THE TAX ON BEHALF OF ALL
 THE OPERATORS OF HOTELS.
   (5)  IN THE EVENT AN OPERATOR OF A HOTEL IS A ROOM REMARKETER, AND ALL
 OTHER PROVISIONS OF THIS SUBDIVISION ARE MET SUCH THAT A BOOKING SERVICE
 IS OBLIGATED TO COLLECT TAX, AND DOES IN FACT COLLECT TAX  AS  EVIDENCED
 BY THE BOOKS AND RECORDS OF SUCH BOOKING SERVICE, THEN THE PROVISIONS OF
 SUBDIVISION (E) OF SECTION ELEVEN HUNDRED NINETEEN OF THIS ARTICLE SHALL
 BE APPLICABLE.
   § 7. Paragraph 4 of subdivision (a) of section 1136 of the tax law, as
 amended  by  section  5  of part G of chapter 59 of the laws of 2019, is
 amended to read as follows:
   (4) The return of a vendor of tangible personal property  or  services
 shall  show  such vendor's receipts from sales and the number of gallons
 of any motor fuel or diesel motor fuel sold and also the aggregate value
 of tangible personal property and services and number of gallons of such
 fuels sold by the vendor, the use of which is subject to tax under  this
 article,  and  the  amount  of  tax  payable  thereon  pursuant  to  the
 provisions of section eleven hundred  thirty-seven  of  this  part.  The
 return  of  a recipient of amusement charges shall show all such charges
 and the amount of tax thereon, and the return of an operator required to
 collect tax on rents shall show all rents received or  charged  and  the
 amount  of tax thereon. The return of a marketplace seller shall exclude
 the receipts from a sale of tangible personal property facilitated by  a
 marketplace  provider  if,  in  regard to such sale: (A) the marketplace
 S. 885--A                          14
 
 seller has timely received in good faith a  properly  completed  certif-
 icate  of  collection  from  the marketplace provider or the marketplace
 provider has included a provision approved by the  commissioner  in  the
 publicly-available  agreement  between  the marketplace provider and the
 marketplace seller as described in subdivision  one  of  section  eleven
 hundred thirty-two of this part, and (B) the information provided by the
 marketplace  seller  to  the  marketplace  provider  about such tangible
 personal property is accurate.  THE RETURN OF A SHORT-TERM  RENTAL  HOST
 SHALL EXCLUDE THE RENT FROM OCCUPANCY OF A SHORT-TERM RENTAL UNIT FACIL-
 ITATED  BY  A BOOKING SERVICE IF, IN REGARD TO SUCH SALE: (A) THE SHORT-
 TERM RENTAL HOST HAS TIMELY RECEIVED IN GOOD FAITH A PROPERLY  COMPLETED
 CERTIFICATE  OF  COLLECTION  FROM  THE  BOOKING  SERVICE  OR THE BOOKING
 SERVICE HAS INCLUDED A PROVISION APPROVED BY  THE  COMMISSIONER  IN  THE
 PUBLICLY-AVAILABLE  AGREEMENT BETWEEN THE BOOKING SERVICE AND THE SHORT-
 TERM RENTAL HOST AS DESCRIBED  IN  SUBDIVISION  (M)  OF  SECTION  ELEVEN
 HUNDRED THIRTY-TWO OF THIS PART, AND (B) THE INFORMATION PROVIDED BY THE
 SHORT-TERM  RENTAL  HOST TO THE BOOKING SERVICE ABOUT SUCH RENT AND SUCH
 OCCUPANCY IS ACCURATE.
   § 8. Section 1142 of the tax law is amended by adding a  new  subdivi-
 sion 16 to read as follows:
   16.  TO PUBLISH A LIST ON THE DEPARTMENT'S WEBSITE OF BOOKING SERVICES
 WHOSE CERTIFICATES OF AUTHORITY HAVE BEEN REVOKED AND, IF  NECESSARY  TO
 PROTECT  SALES  TAX  REVENUE,  PROVIDE BY REGULATION OR OTHERWISE THAT A
 SHORT-TERM RENTAL UNIT OPERATOR WILL BE RELIEVED OF THE  REQUIREMENT  TO
 REGISTER  AND  THE  DUTY  TO  COLLECT TAX ON THE RENT FOR OCCUPANCY OF A
 SHORT-TERM RENTAL FACILITATED BY A BOOKING SERVICE PROVIDER ONLY IF,  IN
 ADDITION  TO  THE  CONDITIONS PRESCRIBED BY PARAGRAPH TWO OF SUBDIVISION
 (M) OF SECTION ELEVEN HUNDRED THIRTY-TWO AND PARAGRAPH SIX  OF  SUBDIVI-
 SION  (A)  OF SECTION ELEVEN HUNDRED THIRTY-FOUR OF THIS PART BEING MET,
 SUCH BOOKING SERVICE IS NOT ON SUCH LIST  AT  THE  COMMENCEMENT  OF  THE
 QUARTERLY PERIOD COVERED THEREBY.
   §  9.  Subpart  A of part 1 of article 29 of the tax law is amended by
 adding a new section 1200 to read as follows:
   § 1200. DEFINITION. FOR THE PURPOSES OF  THIS  ARTICLE  "HOTEL"  SHALL
 MEAN  A BUILDING OR PORTION OF SUCH BUILDING WHICH IS REGULARLY USED AND
 KEPT OPEN AS SUCH FOR THE LODGING OF GUESTS, INCLUDING: (A) AN APARTMENT
 HOTEL, (B) A MOTEL, (C) A BOARDING HOUSE OR CLUB, WHETHER OR  NOT  MEALS
 ARE  SERVED,  AND  (D) SHORT-TERM RESIDENTIAL RENTAL UNITS AS DEFINED IN
 SUBDIVISION ONE OF SECTION TWENTY OF THE MULTIPLE RESIDENCE  LAW  OR  IN
 SUBDIVISION ONE OF SECTION TWENTY OF THE MULTIPLE DWELLING LAW.
   §  10.  Notwithstanding any other provisions of law to the contrary, a
 county, city, town, or village government may enact a local law  prohib-
 iting  or  further  limiting  the  listing  or use of dwelling units, or
 portions thereof, as short-term residential rental units.
   § 11. Severability. If any provision of this act, or  any  application
 of  any  provision  of  this  act, is held to be invalid, that shall not
 affect the validity or effectiveness of any other provision of this act,
 or of any other application of any provision of this act, which  can  be
 given effect without that provision or application; and to that end, the
 provisions and applications of this act are severable.
   §  12.  This  act  shall  take effect on the one hundred twentieth day
 after it shall have become a law.

Co-Sponsors

S885B (ACTIVE) - Details

Law Section:: Multiple Residence Law
Laws Affected:: Add Art 2-A §§20 - 24-b, Mult Res L; add Art 2-A §§20 - 24-b, Mult Dwell L; amd §§1101, 1105, 1131, 1132, 1136 & 1142, add Art 29 Part 1 Subpart A §1200, Tax L

S885B (ACTIVE) - Summary

Relates to short-term residential rentals of private dwellings in certain municipalities.

S885B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S885B

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the multiple residence law, the multiple dwelling law,
and the tax law, in relation to short-term residential rental of private
dwellings in certain municipalities

 
PURPOSE OR GENERAL IDEA OF BILL:

To create a registration system for short term rentals in New York State
and allow for the collection of sales tax & applicable occupancy tax
generated from such rentals to the state and localities.

 
SUMMARY OF PROVISIONS:

Section one amends the multiple residence law by adding a new article
2-a to establish the definitions, regulation, registration, exception,
penalties, enforcement, and data sharing of short-term residential
rental units.

Section two amends the multiple dwelling law by adding a new article 2-a
to establish the definitions, regulation, registration, exception,
penalties, enforcement, and data sharing of short-term residential
rental units.

Section three amends subdivision (c) of section 1101 of the tax law, as
added by chapter 93 of the laws of 1965, paragraphs 2, 3, 4 and 6 as
amended by section 2 and paragraph 8 as added by section 3 of part AA of
chapter 57 of the laws of 2010, and paragraph 5 as amended by chapter
575 of the laws of 1965. Defines "short-term rental unit" for the
purposes of tax collection and remittance.

Section four amends subdivision (e) of section 1105 of the tax law by
adding a new paragraph 3 to post the rent for every occupancy of a room
in a hotel or short-term rental offered for rent.

Section five amends subdivision one of section 1131 of the tax law to
define the entities responsible for the collection of applicable taxes.

Section six amends section 1132 of the tax law by adding a new subdivi-
sion (m) to outline the process of applicable tax collection and remit-
tance to appropriate taxing jurisdiction.

Section seven amends paragraph 4 of subdivision (a) of section 1136 of
the tax law to exclude the rent from occupancy of a short-term rental
unit facilitated by a booking service if the owner of such rental
returns to reside in such residence.

Section eight amends section 1142 of the tax law by adding a new subdi-
vision 16 to publish a list on the department's website of booking
services whose certificates of authority have been revoked.

Section nine amends subpart A of part 1 of article 29 of the tax law by
adding a new section 1200 to define hotels.



Section ten states that a county, city, town, or village government may
enact a local law prohibiting or further limiting the listing or use of
dwelling units as short-term residential rental units.

Section eleven sets the severability of this act if any application of
any provision is held to be invalid.

Section twelve states the effective date.

 
JUSTIFICATION:

New York State is facing a dire shortage of housing supply, specifically
affordable and workforce housing, which is causing instability across
our communities. While solving the housing crisis will take significant
investment and bold legislative action, one area of housing policy that
must be addressed is the extreme proliferation of short-term rentals.
Municipalities across upstate New York saw a record influx of relocated
residents and visitors alike, with Hudson and Kingston becoming the top
two moved-to-places in the country during the COVID-19 pandemic. For
many, the ability to welcome visitors for short-term stays has been a
welcomed source of income, and for our smaller cities and towns,
increased tourism has bolstered their economies.

However, while this resurgence played a significant, and unforeseen,
role in supporting our Main Streets and providing additional income
streams for local residents, it also caused an already precarious hous-
ing market to become nearly non-existent and has since turned good hous-
ing stock into vacation rentals taking these homes off the market indef-
initely. Municipalities need better tools to understand how this
economic driver can help, without displacing local residents and
compounding an already growing problem all in the name of profit. Addi-
tionally, many of these same municipalities have been forced to spend
significant resources to manage their short-term rental issues, often
leaving neighboring towns with differing regulations. This causes
confusion among homeowners, visitors and law enforcement and forces
municipalities to spend resources they often don't have in order to
protect their residents.  This legislation, for the first time, develops
statewide guidance on short-term rentals, including a rental registry,
in order to give municipalities the information and the revenue they
need to make smart decisions to help right-size the short-term rental
market in their specific communities. Also, municipalities with their
own short-term rental registration systems may continue to use them and
short-term rentals in those municipalities do not need to register with
the state. Finally, the tax collection provisions apply to short-term
rentals statewide, regardless of whether municipalities have their own
registration systems.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE 4ND LOCAL GOVERNMENTS:

This bill would actually increase revenue for the state and localities.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

S885B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  885--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sens. HINCHEY, KRUEGER, RAMOS, SALAZAR -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Housing,   Construction   and   Community   Development  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  reported  favorably  from  said  committee  and
   committed  to  the  Committee on Finance -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to amend the multiple residence law, the multiple dwelling law,
   and the tax law, in  relation  to  short-term  residential  rental  of
   private dwellings in certain municipalities
 
   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.   EXCEPTIONS.
         24.   PENALTIES.
         24-A. ENFORCEMENT.
         24-B. DATA SHARING.
   § 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 WITHIN A DWELLING, MADE AVAILABLE FOR RENT BY GUESTS FOR LESS THAN
 THIRTY CONSECUTIVE DAYS, WHERE THE UNIT IS OFFERED FOR TOURIST OR  TRAN-
 SIENT USE BY THE SHORT-TERM RENTAL HOST OF THE RESIDENTIAL UNIT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02793-06-3

 S. 885--B                           2
 
   2.  "SHORT-TERM  RENTAL  HOST" MEANS A PERSON OR ENTITY IN VALID LEGAL
 POSSESSION OF A SHORT-TERM RENTAL UNIT WHO RENTS SUCH UNIT TO GUESTS.
   3.   "BOOKING SERVICE" MEANS A PERSON OR ENTITY WHO, DIRECTLY OR INDI-
 RECTLY:
   (A) PROVIDES ONE OR MORE ONLINE, COMPUTER OR  APPLICATION-BASED  PLAT-
 FORMS THAT INDIVIDUALLY OR COLLECTIVELY CAN BE USED TO:
   (I) LIST OR ADVERTISE OFFERS FOR SHORT-TERM RENTALS, AND
   (II)  EITHER  ACCEPT  SUCH OFFERS, OR RESERVE OR PAY FOR SUCH RENTALS;
 AND
   (B) CHARGES, COLLECTS OR RECEIVES A FEE FOR THE USE OF SUCH A PLATFORM
 OR FOR PROVISION OF ANY SERVICE IN CONNECTION WITH A SHORT-TERM  RENTAL.
 A  BOOKING  SERVICE  SHALL  NOT  BE CONSTRUED TO INCLUDE A PLATFORM THAT
 SOLELY LISTS OR ADVERTISES OFFERS FOR SHORT-TERM RENTALS.
   § 21. SHORT-TERM RESIDENTIAL RENTAL UNITS; REGULATION. 1. A SHORT-TERM
 RENTAL HOST MAY OPERATE A DWELLING  UNIT  AS  A  SHORT-TERM  RESIDENTIAL
 RENTAL UNIT PROVIDED SUCH DWELLING UNIT:
   (A)  IS REGISTERED IN ACCORDANCE WITH SECTION TWENTY-TWO OF THIS ARTI-
 CLE;
   (B) IS NOT USED TO PROVIDE SINGLE ROOM OCCUPANCY AS DEFINED BY  SUBDI-
 VISION FORTY-FOUR OF SECTION FOUR OF THIS CHAPTER;
   (C) INCLUDES A CONSPICUOUSLY POSTED EVACUATION DIAGRAM IDENTIFYING ALL
 MEANS OF EGRESS FROM THE UNIT AND THE BUILDING IN WHICH IT IS LOCATED;
   (D)  INCLUDES  A  CONSPICUOUSLY POSTED LIST OF EMERGENCY PHONE NUMBERS
 FOR POLICE, FIRE, AND POISON CONTROL;
   (E) HAS A WORKING FIRE-EXTINGUISHER; AND
   (F) IS INSURED BY AN INSURER LICENSED TO WRITE INSURANCE IN THIS STATE
 OR PROCURED BY A DULY LICENSED EXCESS LINE BROKER  PURSUANT  TO  SECTION
 TWO  THOUSAND ONE HUNDRED EIGHTEEN OF THE INSURANCE LAW FOR AT LEAST THE
 VALUE OF THE DWELLING, PLUS A MINIMUM OF THREE HUNDRED THOUSAND  DOLLARS
 COVERAGE FOR THIRD PARTY CLAIMS OF PROPERTY DAMAGE OR BODILY INJURY THAT
 ARISE  OUT OF THE OPERATION OF A SHORT-TERM RENTAL UNIT. NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW, NO INSURER SHALL BE REQUIRED TO PROVIDE SUCH
 COVERAGE.
   2. OCCUPANCIES OF A SHORT-TERM RENTAL UNIT SHALL BE SUBJECT  TO  TAXES
 AND  FEES  PURSUANT  TO ARTICLES TWENTY-EIGHT AND TWENTY-NINE OF THE TAX
 LAW AND APPLICABLE LOCAL LAWS.
   3. SHORT-TERM RENTAL HOSTS SHALL MAINTAIN  RECORDS  RELATED  TO  GUEST
 STAYS  FOR  TWO YEARS FOLLOWING THE END OF THE CALENDAR YEAR IN WHICH AN
 INDIVIDUAL RENTAL STAY OCCURRED, INCLUDING THE DATE  OF  EACH  STAY  AND
 NUMBER  OF  GUESTS,  THE COST FOR EACH STAY, INCLUDING RELEVANT TAX, AND
 RECORDS RELATED TO THEIR REGISTRATION AS SHORT-TERM  RENTAL  HOSTS  WITH
 THE DEPARTMENT OF STATE. AS A REQUIREMENT FOR REGISTRATION UNDER SECTION
 TWENTY-TWO  OF  THIS  ARTICLE,  HOSTS SHALL PROVIDE THESE RECORDS TO THE
 DEPARTMENT OF STATE ON AN ANNUAL BASIS. THE DEPARTMENT SHALL SHARE  THIS
 REPORT  WITH  COUNTY,  CITY, TOWN, OR VILLAGE GOVERNMENTS AND SHALL MAKE
 SUCH REPORTS AVAILABLE TO  LOCAL  MUNICIPAL  ENFORCEMENT  AGENCIES  UPON
 REQUEST.   WHERE THE BOOKING PLATFORM IS THE SHORT-TERM RENTAL HOST, THE
 SHORT-TERM RENTAL HOST MAY BE EXEMPT FROM PROVIDING SUCH REPORT PROVIDED
 THAT THE BOOKING PLATFORM INCLUDES ALL NECESSARY INFORMATION REQUIRED OF
 A SHORT-TERM RENTAL HOST IN THE REPORT REQUIRED PURSUANT TO  SUBDIVISION
 FOUR OF THIS SECTION.
   4.  NOTWITHSTANDING  THE PROVISIONS OF ANY OTHER LAW OR ADMINISTRATIVE
 ACTION TO THE CONTRARY, BOOKING SERVICES SHALL DEVELOP  AND  MAINTAIN  A
 REPORT  RELATED  TO  SHORT-TERM RENTAL UNIT GUEST STAYS THAT THE BOOKING
 SERVICE HAS FACILITATED IN THE STATE FOR TWO YEARS FOLLOWING THE END  OF
 THE  CALENDAR  YEAR  IN  WHICH  AN  INDIVIDUAL RENTAL STAY OCCURRED. THE
 S. 885--B                           3
 
 REPORT SHALL INCLUDE THE DATES OF EACH STAY AND THE  NUMBER  OF  GUESTS,
 THE  COST  FOR  EACH STAY, INCLUDING RELEVANT TAX, THE PHYSICAL ADDRESS,
 INCLUDING ANY UNIT DESIGNATION, OF EACH SHORT-TERM RENTAL  UNIT  BOOKED,
 THE  FULL  LEGAL  NAME  OF  EACH SHORT-TERM RENTAL UNIT'S HOST, AND EACH
 SHORT-TERM RENTAL UNIT'S REGISTRATION NUMBER.   IN THE EVENT  A  BOOKING
 SERVICE DOES NOT ADHERE TO SUBDIVISION TWO OF SECTION TWENTY-TWO OF THIS
 ARTICLE, OR MORE INFORMATION IS DEEMED NECESSARY BY  THE  DEPARTMENT  OF
 STATE, THE DEPARTMENT MAY ACCESS THIS REPORT AND/OR ALL RELEVANT RECORDS
 FROM A BOOKING SERVICE  IN RESPONSE TO VALID LEGAL PROCESS.  THE DEPART-
 MENT  SHALL SHARE THIS REPORT AND/OR RECORDS WITH COUNTY, CITY, TOWN, OR
 VILLAGE GOVERNMENTS AND SHALL  MAKE  SUCH  REPORTS  AVAILABLE  TO  LOCAL
 MUNICIPAL ENFORCEMENT AGENCIES WHEN LAWFULLY REQUESTED.  REPORTS AND ANY
 RECORDS  PROVIDED  TO  GENERATE  SUCH REPORTS SHALL NOT BE MADE PUBLICLY
 AVAILABLE WITHOUT THE REDACTION OF THE FULL LEGAL NAME  OF  EACH  SHORT-
 TERM  RENTAL  UNIT'S  HOST,  THE  STREET NAME AND NUMBER OF THE PHYSICAL
 ADDRESS OF ANY IDENTIFIED SHORT-TERM RENTAL UNIT AND THE  UNIT'S  REGIS-
 TRATION NUMBER.
   5.  IT  SHALL  BE  UNLAWFUL FOR A BOOKING SERVICE TO COLLECT A FEE FOR
 FACILITATING BOOKING  TRANSACTIONS  FOR  SHORT-TERM  RESIDENTIAL  RENTAL
 UNITS  LOCATED IN THIS STATE IF THE SHORT-TERM RENTAL UNIT AND ITS OWNER
 OR TENANT HAVE NOT BEEN ISSUED A  CURRENT,  VALID  REGISTRATION  BY  THE
 DEPARTMENT OF STATE OR AN APPLICABLE MUNICIPALITY.
   6.  THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO ALL SHORT-TERM RESI-
 DENTIAL RENTAL UNITS IN THE STATE; PROVIDED,  HOWEVER,  THAT  A  MUNICI-
 PALITY  THAT HAS ITS OWN SHORT-TERM RESIDENTIAL RENTAL UNIT REGISTRY MAY
 CONTINUE SUCH REGISTRY AND ALL SHORT-TERM RESIDENTIAL  RENTAL  UNITS  IN
 SUCH MUNICIPALITY SHALL BE REQUIRED TO BE REGISTERED WITH SUCH MUNICIPAL
 REGISTRY  AND  SHALL  NOT BE REQUIRED TO REGISTER WITH THE DEPARTMENT OF
 STATE.   MUNICIPALITIES WITH SHORT-TERM  RESIDENTIAL  RENTAL  REGISTRIES
 SHALL  ESTABLISH  AND  EFFECTUATE STANDARDS FOR THE HEALTH AND SAFETY OF
 GUESTS, INCLUDING, BUT NOT LIMITED  TO,  THE  STANDARDS  ESTABLISHED  IN
 PARAGRAPHS (C), (D) AND (E) OF SUBDIVISION ONE OF THIS SECTION.  MUNICI-
 PALITIES  WITH SHORT-TERM RESIDENTIAL RENTAL UNIT REGISTRIES SHALL MAIN-
 TAIN THE AUTHORITY TO MANAGE SUCH REGISTRIES AND TO  COLLECT  FINES  FOR
 VIOLATIONS  RELATED TO THE REGISTRATION OF SHORT-TERM RESIDENTIAL RENTAL
 UNITS.  MUNICIPALITIES WITH SHORT-TERM RESIDENTIAL  RENTAL  UNIT  REGIS-
 TRIES  SHALL  PROVIDE INFORMATION ON SHORT-TERM RESIDENTIAL RENTAL UNITS
 REGISTERED WITHIN SUCH MUNICIPALITY TO THE DEPARTMENT  OF  STATE,  ON  A
 QUARTERLY  BASIS  OF  EACH CALENDAR YEAR, IN ORDER FOR THE DEPARTMENT TO
 MAINTAIN A CURRENT DATABASE OF ALL SHORT-TERM RESIDENTIAL  UNITS  REGIS-
 TERED  WITHIN  THE  STATE.    MUNICIPALITIES WITH SHORT-TERM RESIDENTIAL
 RENTAL UNIT REGISTRIES SHALL NOT BE SUBJECT TO THE  REGULATION  REQUIRE-
 MENTS  OF  THIS  SECTION AND MAY ESTABLISH REGISTRATION REQUIREMENTS AND
 REGULATIONS IN SUCH MUNICIPALITY WHICH MAY DIFFER FROM THE  REQUIREMENTS
 OF THIS SECTION.
   §  22.  REGISTRATION.  1. SHORT-TERM RENTAL HOSTS SHALL BE REQUIRED TO
 REGISTER A SHORT-TERM RESIDENTIAL RENTAL UNIT  WITH  THE  DEPARTMENT  OF
 STATE OR WITH THE MUNICIPALITY WHERE SUCH SHORT-TERM RESIDENTIAL UNIT IS
 LOCATED IF SUCH MUNICIPALITY HAS A REGISTRATION SYSTEM; PROVIDED, HOWEV-
 ER,  THAT  THE  DEPARTMENT  OF  STATE SHALL NOT ACCEPT AN APPLICATION TO
 REGISTER A SHORT-TERM RESIDENTIAL RENTAL UNIT FOR A UNIT THAT IS LOCATED
 IN A MUNICIPALITY WHICH HAS ITS OWN REGISTRATION  SYSTEM  AND  THAT  HAS
 NOTIFIED  THE  DEPARTMENT OF STATE OF SUCH REGISTRATION SYSTEM.  WHERE A
 SHORT-TERM RENTAL IS LOCATED IN A JURISDICTION THAT HAS MULTIPLE MUNICI-
 PAL REGISTRATION SYSTEMS, THE HOST SHALL SELECT ONLY ONE SUCH  MUNICIPAL
 REGISTRATION  SYSTEM  TO REGISTER UNDER. NO MUNICIPALITY SHALL REQUIRE A
 S. 885--B                           4
 
 HOST TO REGISTER  UNDER  THEIR  REGISTRATION  SYSTEM  WHERE  A  HOST  IS
 LAWFULLY REGISTERED WITH ANOTHER MUNICIPAL REGISTRATION SYSTEM.
   (A)  REGISTRATION  WITH THE DEPARTMENT OF STATE SHALL BE VALID FOR TWO
 YEARS, AFTER WHICH TIME THE SHORT-TERM RENTAL HOST MAY RENEW HIS OR  HER
 REGISTRATION  IN  A  MANNER  PRESCRIBED  BY THE DEPARTMENT OF STATE. THE
 DEPARTMENT OF STATE MAY REVOKE THE REGISTRATION OF A  SHORT-TERM  RENTAL
 HOST  UPON  A DETERMINATION THAT THE SHORT-TERM RENTAL HOST HAS VIOLATED
 ANY PROVISION OF THIS ARTICLE AT  LEAST  THREE  TIMES  IN  TWO  CALENDAR
 YEARS, AND MAY DETERMINE THAT THE SHORT-TERM RENTAL HOST SHALL BE INELI-
 GIBLE FOR REGISTRATION FOR A PERIOD OF UP TO TWELVE MONTHS FROM THE DATE
 OF  SUCH  DETERMINATION  OR  AT  THE REQUEST OF A MUNICIPALITY WHEN SUCH
 MUNICIPALITY REQUESTS SUCH REVOCATION DUE TO ILLEGAL OCCUPANCY.  LISTING
 OR USING A DWELLING UNIT, OR PORTION THEREOF, AS A  SHORT-TERM  RESIDEN-
 TIAL  RENTAL  UNIT WITHOUT CURRENT, VALID REGISTRATION SHALL BE UNLAWFUL
 AND SHALL MAKE PERSONS WHO LIST OR USE SUCH UNIT INELIGIBLE  FOR  REGIS-
 TRATION  FOR  A PERIOD OF TWELVE MONTHS FROM THE DATE A DETERMINATION IS
 MADE THAT A VIOLATION HAS OCCURRED.
   (B) A SHORT-TERM RENTAL HOST SHALL INCLUDE THEIR CURRENT, VALID REGIS-
 TRATION NUMBER ON ALL OFFERINGS, LISTINGS OR ADVERTISEMENTS  FOR  SHORT-
 TERM RENTAL GUEST STAYS.
   (C) A TENANT, OR OTHER PERSON THAT DOES NOT OWN A UNIT THAT IS USED AS
 A  SHORT-TERM  RENTAL  UNIT BUT IS IN VALID LEGAL POSSESSION OF A SHORT-
 TERM RESIDENTIAL RENTAL UNIT, SHALL NOT QUALIFY FOR REGISTRATION IF THEY
 ARE NOT THE PERMANENT OCCUPANT OF THE DWELLING UNIT IN QUESTION AND HAVE
 NOT BEEN GRANTED PERMISSION IN WRITING BY THE OWNER FOR  ITS  SHORT-TERM
 RENTAL,  TO  BE  VERIFIED BY THE DEPARTMENT OF STATE OR ANY MUNICIPALITY
 WITH ITS OWN REGISTRATION SYSTEM.
   (D) THE DEPARTMENT OF STATE SHALL MAKE AVAILABLE  TO    PLATFORMS  THE
 DATA  NECESSARY  TO  ALLOW  BOOKING PLATFORMS TO VERIFY THE REGISTRATION
 STATUS OF A SHORT-TERM RESIDENTIAL RENTAL UNIT  AND  THAT  THE  UNIT  IS
 ASSOCIATED WITH THE SHORT-TERM RENTAL HOST WHO REGISTERED THE UNIT.
   (E)  THE SHORT-TERM RENTAL HOST SHALL PAY APPLICATION AND RENEWAL FEES
 IN AN AMOUNT TO BE ESTABLISHED BY THE DEPARTMENT OF STATE.
   (F) THERE SHALL BE A FEE FOR THE USE OF  THE  ELECTRONIC  VERIFICATION
 SYSTEM  IN  AN AMOUNT TO BE ESTABLISHED BY THE DEPARTMENT OF STATE. SUCH
 FEE SHALL NOT EXCEED THE COST  TO  BUILD,  OPERATE,  AND  MAINTAIN  SUCH
 SYSTEM.
   2.  NOTWITHSTANDING  THE PROVISIONS OF ANY OTHER LAW OR ADMINISTRATIVE
 ACTION TO THE CONTRARY, IT SHALL BE UNLAWFUL FOR A  BOOKING  SERVICE  TO
 COLLECT A FEE FOR FACILITATING BOOKING TRANSACTIONS FOR SHORT-TERM RESI-
 DENTIAL  RENTAL  UNITS  LOCATED  IN THIS STATE WITHOUT FIRST REGISTERING
 WITH THE DEPARTMENT OF STATE. ACCORDINGLY, BOOKING SERVICES SHALL ADHERE
 TO THE FOLLOWING, IN ADDITION TO OTHER REGULATIONS  ESTABLISHED  BY  THE
 DEPARTMENT, AS CONDITIONS OF SUCH REGISTRATION:
   (A)  BOOKING  SERVICES  SHALL PROVIDE TO THE DEPARTMENT ON A QUARTERLY
 BASIS, IN A FORM AND MANNER TO BE  DETERMINED  BY  THE  DEPARTMENT,  THE
 REPORT  DEVELOPED  AND  MAINTAINED  BY THE BOOKING SERVICE IN ACCORDANCE
 WITH SUBDIVISION FOUR OF SECTION TWENTY-ONE OF THIS ARTICLE. THE DEPART-
 MENT SHALL SHARE THIS REPORT WITH COUNTY, CITY, TOWN, OR VILLAGE GOVERN-
 MENTS AND SHALL MAKE SUCH REPORTS AVAILABLE TO LOCAL MUNICIPAL  ENFORCE-
 MENT AGENCIES WHEN LAWFULLY REQUESTED.
   (B)  A  BOOKING  SERVICE  SHALL  PROVIDE  AGREEMENT  IN WRITING TO THE
 DEPARTMENT THAT IT WILL:
   (I) OBTAIN WRITTEN CONSENT FROM ALL SHORT-TERM RENTAL HOSTS  INTENDING
 TO  UTILIZE  THEIR  PLATFORM,  FOR  SHORT-TERM  RESIDENTIAL RENTAL UNITS
 LOCATED IN THIS STATE, FOR THE DISCLOSURE OF THE INFORMATION PURSUANT TO
 S. 885--B                           5
 
 SUBDIVISION FOUR OF SECTION TWENTY-ONE OF THIS  ARTICLE,  IN  ACCORDANCE
 WITH PARAGRAPH (A) OF THIS SUBDIVISION; AND
   (II)  FURNISH  THE INFORMATION IDENTIFIED PURSUANT TO SUBDIVISION FOUR
 OF SECTION TWENTY-ONE OF THIS ARTICLE, IN ACCORDANCE WITH PARAGRAPH  (A)
 OF THIS SUBDIVISION.
   3.  THE DEPARTMENT OF STATE SHALL SET A FEE FOR SHORT-TERM RESIDENTIAL
 RENTAL UNIT AND BOOKING SERVICE REGISTRATION WITH THE DEPARTMENT.
   § 23. EXCEPTIONS. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER  LAW  TO
 THE CONTRARY, THIS ARTICLE SHALL NOT APPLY TO:
   1.    INCIDENTAL  AND  OCCASIONAL  OCCUPANCY OF SUCH DWELLING UNIT FOR
 FEWER THAN THIRTY CONSECUTIVE DAYS BY OTHER 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
   2. A MUNICIPALITY WHICH DOES NOT ALLOW SHORT-TERM RESIDENTIAL RENTALS;
 PROVIDED,  HOWEVER,  THAT  SUCH  MUNICIPALITY SHALL REQUEST AN EXCEPTION
 FROM THIS ARTICLE; OR
   3. TEMPORARY HOUSING OR LODGING PERMITTED BY THE DEPARTMENT OF HEALTH.
   § 24. PENALTIES. NOTWITHSTANDING THE PROVISIONS OF ANY  OTHER  LAW  TO
 THE CONTRARY:
   1.  ANY BOOKING SERVICE WHICH COLLECTS A FEE RELATED TO BOOKING A UNIT
 AS A SHORT-TERM RENTAL, WHERE SUCH UNIT IS NOT REGISTERED IN  ACCORDANCE
 WITH  THIS  ARTICLE, SHALL BE FINED IN ACCORDANCE WITH SUBDIVISIONS FOUR
 AND FIVE OF THIS SECTION. THE SECRETARY OF STATE OR THEIR  DESIGNEE  MAY
 ALSO SEEK AN INJUNCTION FROM A COURT OF COMPETENT JURISDICTION PROHIBIT-
 ING  THE  COLLECTION  OF ANY FEES RELATING TO THE OFFERING OR RENTING OF
 THE UNIT AS A SHORT-TERM RESIDENTIAL RENTAL.
   2. ANY PERSON WHO OFFERS A SHORT-TERM RESIDENTIAL RENTAL UNIT  WITHOUT
 REGISTERING  WITH  THE  DEPARTMENT  OF  STATE  OR MUNICIPAL REGISTRATION
 SYSTEM, OR ANY PERSON WHO  OFFERS  AN  ELIGIBLE  SHORT-TERM  RESIDENTIAL
 RENTAL  UNIT AS A SHORT-TERM RENTAL WHILE THE UNIT'S REGISTRATION ON THE
 SHORT-TERM RESIDENTIAL RENTAL UNIT REGISTRY IS SUSPENDED, SHALL BE FINED
 IN ACCORDANCE WITH SUBDIVISIONS FOUR AND FIVE OF THIS SECTION.
   3. ANY PERSON WHO FAILS TO COMPLY WITH  ANY  NOTICE  OF  VIOLATION  OR
 OTHER  ORDER  ISSUED PURSUANT TO THIS ARTICLE BY THE DEPARTMENT OF STATE
 FOR A VIOLATION OF ANY PROVISION OF  THIS  ARTICLE  SHALL  BE  FINED  IN
 ACCORDANCE WITH SUBDIVISIONS FOUR AND FIVE OF THIS SECTION.
   4. IN A MUNICIPALITY THAT DOES NOT HAVE ITS OWN REGISTRATION SYSTEM, A
 SHORT-TERM  RENTAL  HOST  THAT VIOLATES THE REQUIREMENTS OF THIS ARTICLE
 SHALL RECEIVE A WARNING NOTICE ISSUED, WITHOUT PENALTY, BY  THE  DEPART-
 MENT  OF  STATE  UPON THE FIRST AND SECOND VIOLATION. THE WARNING NOTICE
 SHALL DETAIL ACTIONS TO BE TAKEN TO CURE THE VIOLATION.  A  TWO  HUNDRED
 DOLLAR  FINE  SHALL  BE IMPOSED UPON THE THIRD VIOLATION. A ONE THOUSAND
 DOLLAR FINE PER DAY SHALL BE IMPOSED  UPON  ALL  SUBSEQUENT  VIOLATIONS.
 UPON  THE  OCCURRENCE  OF  A  VIOLATION,  A SEVEN-DAY PERIOD TO CURE THE
 VIOLATION SHALL BE GRANTED. DURING SUCH PERIOD, NO FURTHER  FINES  SHALL
 BE  ACCUMULATED AGAINST THE SHORT-TERM RENTAL HOST, EXCEPT WHERE THE NEW
 VIOLATION IS RELATED TO A DIFFERENT SHORT-TERM RENTAL UNIT.
   5. IN A MUNICIPALITY THAT DOES NOT HAVE ITS OWN REGISTRATION SYSTEM, A
 BOOKING SERVICE THAT VIOLATES THE REQUIREMENTS OF THIS ARTICLE SHALL  BE
 ISSUED  A  FIVE  HUNDRED  DOLLAR FINE PER DAY, PER VIOLATION, UNTIL SUCH
 VIOLATION IS CURED.
   6. IN A MUNICIPALITY THAT HAS ITS OWN REGISTRATION SYSTEM, THE MUNICI-
 PALITY MAY ESTABLISH AND EFFECTUATE ITS OWN PENALTY SYSTEM.
   § 24-A. ENFORCEMENT. 1. THE PROVISIONS OF THIS ARTICLE MAY BE ENFORCED
 IN ACCORDANCE WITH ARTICLE EIGHT OF THIS CHAPTER.
 S. 885--B                           6
 
   2. THE DEPARTMENT OF STATE MAY ENTER INTO AGREEMENTS  WITH  A  BOOKING
 SERVICE  FOR  ASSISTANCE  IN  ENFORCING  THE PROVISIONS OF THIS SECTION,
 INCLUDING BUT NOT LIMITED TO AN AGREEMENT WHEREBY  THE  BOOKING  SERVICE
 AGREES  TO  REMOVE A LISTING FROM ITS PLATFORM THAT IS DEEMED INELIGIBLE
 FOR  USE AS A SHORT-TERM RESIDENTIAL RENTAL UNIT UNDER THE PROVISIONS OF
 THIS ARTICLE, AND WHEREBY THE  BOOKING  SERVICE  AGREES  TO  PROHIBIT  A
 SHORT-TERM  RENTAL  HOST FROM LISTING ANY LISTING WITHOUT A VALID REGIS-
 TRATION NUMBER.
   3. THE ATTORNEY GENERAL SHALL BE AUTHORIZED TO BRING AN ACTION  FOR  A
 VIOLATION  OF  THIS  ARTICLE  FOR  ANY  SUCH VIOLATIONS OCCURRING IN THE
 STATE, REGARDLESS OF THE REGISTRATION SYSTEM IN PLACE WITHIN THE  APPLI-
 CABLE JURISDICTION.
   4. A MUNICIPALITY SHALL BE ENTITLED TO BRING AN ACTION FOR A VIOLATION
 OF THIS ARTICLE FOR ANY SUCH VIOLATIONS OF THIS ARTICLE OCCURRING IN THE
 MUNICIPALITY, AND MAY NOTIFY THE ATTORNEY GENERAL.
   §  24-B.  DATA SHARING.  BOOKING SERVICES SHALL PROVIDE TO THE DEPART-
 MENT OF STATE AND MUNICIPALITIES, ON  A  MONTHLY  BASIS,  AN  ELECTRONIC
 REPORT,  IN  A FORMAT DETERMINED BY THE DEPARTMENT OF STATE OF THE LIST-
 INGS MAINTAINED, AUTHORIZED, FACILITATED OR ADVERTISED  BY  THE  BOOKING
 SERVICE WITHIN THE STATE FOR THE APPLICABLE REPORTING PERIOD. THE REPORT
 SHALL  INCLUDE  THE  REGISTRATION  NUMBER,  AND A BREAKDOWN OF WHERE THE
 LISTINGS ARE LOCATED, WHETHER THE LISTING IS FOR A  PARTIAL  UNIT  OR  A
 WHOLE  UNIT,  AND  SHALL  INCLUDE  THE  NUMBER  OF  NIGHTS EACH UNIT WAS
 REPORTED AS OCCUPIED DURING THE APPLICABLE REPORTING PERIOD.
   § 2. The multiple dwelling law is amended by adding a new article  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.   EXCEPTIONS.
         24.   PENALTIES.
         24-A. ENFORCEMENT.
         24-B. DATA SHARING.
   §  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 WITHIN A DWELLING, MADE AVAILABLE FOR RENT BY GUESTS FOR LESS THAN
 THIRTY  CONSECUTIVE DAYS, WHERE THE UNIT IS OFFERED FOR TOURIST OR TRAN-
 SIENT USE BY THE SHORT-TERM RENTAL HOST OF THE RESIDENTIAL UNIT.
   2. "SHORT-TERM RENTAL HOST" MEANS A PERSON OR ENTITY  IN  VALID  LEGAL
 POSSESSION OF A SHORT-TERM RENTAL UNIT WHO RENTS SUCH UNIT TO GUESTS.
   3.  "BOOKING  SERVICE" MEANS A PERSON OR ENTITY WHO, DIRECTLY OR INDI-
 RECTLY:
   (A) PROVIDES ONE OR MORE ONLINE, COMPUTER OR  APPLICATION-BASED  PLAT-
 FORMS THAT INDIVIDUALLY OR COLLECTIVELY CAN BE USED TO:
   (I) LIST OR ADVERTISE OFFERS FOR SHORT-TERM RENTALS, AND
   (II)  EITHER  ACCEPT  SUCH OFFERS, OR RESERVE OR PAY FOR SUCH RENTALS;
 AND
   (B) CHARGES, COLLECTS OR RECEIVES A FEE FOR THE USE OF SUCH A PLATFORM
 OR FOR PROVISION OF ANY SERVICE IN CONNECTION WITH A SHORT-TERM  RENTAL.
 A  BOOKING  SERVICE  SHALL  NOT  BE CONSTRUED TO INCLUDE A PLATFORM THAT
 SOLELY LISTS OR ADVERTISES OFFERS FOR SHORT-TERM RENTALS.
 S. 885--B                           7
 
   § 21. SHORT-TERM RESIDENTIAL RENTAL UNITS; REGULATION. 1. A SHORT-TERM
 RENTAL HOST MAY OPERATE A DWELLING  UNIT  AS  A  SHORT-TERM  RESIDENTIAL
 RENTAL UNIT PROVIDED SUCH DWELLING UNIT:
   (A)  IS REGISTERED IN ACCORDANCE WITH SECTION TWENTY-TWO OF THIS ARTI-
 CLE;
   (B) IS NOT USED TO PROVIDE SINGLE ROOM OCCUPANCY AS DEFINED BY  SUBDI-
 VISION SIXTEEN OF SECTION FOUR OF THIS CHAPTER;
   (C) INCLUDES A CONSPICUOUSLY POSTED EVACUATION DIAGRAM IDENTIFYING ALL
 MEANS OF EGRESS FROM THE UNIT AND THE BUILDING IN WHICH IT IS LOCATED;
   (D)  INCLUDES  A  CONSPICUOUSLY POSTED LIST OF EMERGENCY PHONE NUMBERS
 FOR POLICE, FIRE, AND POISON CONTROL;
   (E) HAS A WORKING FIRE-EXTINGUISHER; AND
   (F) IS INSURED BY AN INSURER LICENSED TO WRITE INSURANCE IN THIS STATE
 OR PROCURED BY A DULY LICENSED EXCESS LINE BROKER  PURSUANT  TO  SECTION
 TWO  THOUSAND ONE HUNDRED EIGHTEEN OF THE INSURANCE LAW FOR AT LEAST THE
 VALUE OF THE DWELLING, PLUS A MINIMUM OF THREE HUNDRED THOUSAND  DOLLARS
 COVERAGE FOR THIRD PARTY CLAIMS OF PROPERTY DAMAGE OR BODILY INJURY THAT
 ARISE OUT OF THE OPERATION OF A SHORT-TERM RENTAL UNIT.  NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW, NO INSURER SHALL BE REQUIRED TO PROVIDE SUCH
 COVERAGE.
   2.  OCCUPANCIES  OF A SHORT-TERM RENTAL UNIT SHALL BE SUBJECT TO TAXES
 AND FEES PURSUANT TO ARTICLES TWENTY-EIGHT AND TWENTY-NINE  OF  THE  TAX
 LAW AND APPLICABLE LOCAL LAWS.
   3.  SHORT-TERM  RENTAL  HOSTS  SHALL MAINTAIN RECORDS RELATED TO GUEST
 STAYS FOR TWO YEARS FOLLOWING THE END OF THE CALENDAR YEAR IN  WHICH  AN
 INDIVIDUAL  RENTAL  STAY  OCCURRED,  INCLUDING THE DATE OF EACH STAY AND
 NUMBER OF GUESTS, THE COST FOR EACH STAY, INCLUDING  RELEVANT  TAX,  AND
 RECORDS  RELATED  TO  THEIR REGISTRATION AS SHORT-TERM RENTAL HOSTS WITH
 THE DEPARTMENT OF STATE. AS A REQUIREMENT FOR REGISTRATION UNDER SECTION
 TWENTY-TWO OF THIS ARTICLE, HOSTS SHALL PROVIDE  THESE  RECORDS  TO  THE
 DEPARTMENT  OF STATE ON AN ANNUAL BASIS. THE DEPARTMENT SHALL SHARE THIS
 REPORT WITH COUNTY, CITY, TOWN, OR VILLAGE GOVERNMENTS  AND  SHALL  MAKE
 SUCH  REPORTS  AVAILABLE  TO  LOCAL  MUNICIPAL ENFORCEMENT AGENCIES UPON
 REQUEST.  WHERE THE BOOKING PLATFORM IS THE SHORT-TERM RENTAL HOST,  THE
 SHORT-TERM RENTAL HOST MAY BE EXEMPT FROM PROVIDING SUCH REPORT PROVIDED
 THAT THE BOOKING PLATFORM INCLUDES ALL NECESSARY INFORMATION REQUIRED OF
 A  SHORT-TERM RENTAL HOST IN THE REPORT REQUIRED PURSUANT TO SUBDIVISION
 FOUR OF THIS SECTION.
   4. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW  OR  ADMINISTRATIVE
 ACTION  TO  THE  CONTRARY, BOOKING SERVICES SHALL DEVELOP AND MAINTAIN A
 REPORT RELATED TO SHORT-TERM RENTAL UNIT GUEST STAYS  THAT  THE  BOOKING
 SERVICE  HAS FACILITATED IN THE STATE FOR TWO YEARS FOLLOWING THE END OF
 THE CALENDAR YEAR IN WHICH  AN  INDIVIDUAL  RENTAL  STAY  OCCURRED.  THE
 REPORT  SHALL  INCLUDE  THE DATES OF EACH STAY AND THE NUMBER OF GUESTS,
 THE COST FOR EACH STAY, INCLUDING RELEVANT TAX,  THE  PHYSICAL  ADDRESS,
 INCLUDING  ANY  UNIT DESIGNATION, OF EACH SHORT-TERM RENTAL UNIT BOOKED,
 THE FULL LEGAL NAME OF EACH SHORT-TERM  RENTAL  UNIT'S  HOST,  AND  EACH
 SHORT-TERM  RENTAL  UNIT'S  REGISTRATION  NUMBER. IN THE EVENT A BOOKING
 SERVICE DOES NOT ADHERE TO SUBDIVISION TWO OF SECTION TWENTY-TWO OF THIS
 ARTICLE, OR MORE INFORMATION IS DEEMED NECESSARY BY  THE  DEPARTMENT  OF
 STATE, THE DEPARTMENT MAY ACCESS THIS REPORT AND/OR ALL RELEVANT RECORDS
 FROM  A  BOOKING SERVICE IN RESPONSE TO VALID LEGAL PROCESS. THE DEPART-
 MENT SHALL SHARE THIS REPORT AND/OR RECORDS WITH COUNTY, CITY, TOWN,  OR
 VILLAGE  GOVERNMENTS  AND  SHALL  MAKE  SUCH  REPORTS AVAILABLE TO LOCAL
 MUNICIPAL ENFORCEMENT AGENCIES WHEN LAWFULLY REQUESTED.  REPORTS AND ANY
 RECORDS PROVIDED TO GENERATE SUCH REPORTS SHALL  NOT  BE  MADE  PUBLICLY
 S. 885--B                           8
 
 AVAILABLE  WITHOUT  THE REDACTION OF THE  FULL LEGAL NAME OF EACH SHORT-
 TERM RENTAL UNIT'S HOST, THE STREET NAME  AND  NUMBER  OF  THE  PHYSICAL
 ADDRESS  OF  ANY IDENTIFIED SHORT-TERM RENTAL UNIT AND THE UNIT'S REGIS-
 TRATION NUMBER.
   5.  IT  SHALL  BE  UNLAWFUL FOR A BOOKING SERVICE TO COLLECT A FEE FOR
 FACILITATING BOOKING  TRANSACTIONS  FOR  SHORT-TERM  RESIDENTIAL  RENTAL
 UNITS  LOCATED IN THIS STATE IF THE SHORT-TERM RENTAL UNIT AND ITS OWNER
 OR TENANT HAVE NOT BEEN ISSUED A  CURRENT,  VALID  REGISTRATION  BY  THE
 DEPARTMENT OF STATE OR AN APPLICABLE MUNICIPALITY.
   6.  THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO ALL SHORT-TERM RESI-
 DENTIAL RENTAL UNITS IN THE STATE; PROVIDED,  HOWEVER,  THAT  A  MUNICI-
 PALITY  THAT HAS ITS OWN SHORT-TERM RESIDENTIAL RENTAL UNIT REGISTRY MAY
 CONTINUE SUCH REGISTRY AND ALL SHORT-TERM RESIDENTIAL  RENTAL  UNITS  IN
 SUCH MUNICIPALITY SHALL BE REQUIRED TO BE REGISTERED WITH SUCH MUNICIPAL
 REGISTRY  AND  SHALL  NOT BE REQUIRED TO REGISTER WITH THE DEPARTMENT OF
 STATE.   MUNICIPALITIES WITH SHORT-TERM  RESIDENTIAL  RENTAL  REGISTRIES
 SHALL  ESTABLISH  AND  EFFECTUATE STANDARDS FOR THE HEALTH AND SAFETY OF
 GUESTS, INCLUDING, BUT NOT LIMITED  TO,  THE  STANDARDS  ESTABLISHED  IN
 PARAGRAPHS (C), (D) AND (E) OF SUBDIVISION ONE OF THIS SECTION.  MUNICI-
 PALITIES  WITH SHORT-TERM RESIDENTIAL RENTAL UNIT REGISTRIES SHALL MAIN-
 TAIN THE AUTHORITY TO MANAGE SUCH REGISTRIES AND TO  COLLECT  FINES  FOR
 VIOLATIONS  RELATED TO THE REGISTRATION OF SHORT-TERM RESIDENTIAL RENTAL
 UNITS. MUNICIPALITIES WITH SHORT-TERM RESIDENTIAL RENTAL UNIT REGISTRIES
 SHALL PROVIDE INFORMATION ON SHORT-TERM RESIDENTIAL RENTAL UNITS  REGIS-
 TERED WITHIN SUCH MUNICIPALITY TO THE DEPARTMENT OF STATE, ON A QUARTER-
 LY BASIS OF EACH CALENDAR YEAR IN ORDER FOR THE DEPARTMENT TO MAINTAIN A
 CURRENT  DATABASE  OF ALL SHORT-TERM RESIDENTIAL UNITS REGISTERED WITHIN
 THE STATE. MUNICIPALITIES WITH SHORT-TERM RESIDENTIAL RENTAL UNIT REGIS-
 TRIES SHALL NOT BE  SUBJECT  TO  THE  REGULATION  REQUIREMENTS  OF  THIS
 SECTION  AND  MAY ESTABLISH REGISTRATION REQUIREMENTS AND REGULATIONS IN
 SUCH MUNICIPALITY  WHICH  MAY  DIFFER  FROM  THE  REQUIREMENTS  OF  THIS
 SECTION.
   §  22.  REGISTRATION.  1. SHORT-TERM RENTAL HOSTS SHALL BE REQUIRED TO
 REGISTER A SHORT-TERM RESIDENTIAL RENTAL UNIT  WITH  THE  DEPARTMENT  OF
 STATE OR WITH THE MUNICIPALITY WHERE SUCH SHORT-TERM RESIDENTIAL UNIT IS
 LOCATED IF SUCH MUNICIPALITY HAS A REGISTRATION SYSTEM; PROVIDED, HOWEV-
 ER,  THAT  THE  DEPARTMENT  OF  STATE SHALL NOT ACCEPT AN APPLICATION TO
 REGISTER A SHORT-TERM RESIDENTIAL RENTAL UNIT FOR A UNIT THAT IS LOCATED
 IN A MUNICIPALITY WHICH HAS ITS OWN REGISTRATION  SYSTEM  AND  THAT  HAS
 NOTIFIED  THE  DEPARTMENT OF STATE OF SUCH REGISTRATION SYSTEM.  WHERE A
 SHORT-TERM RENTAL IS LOCATED IN A JURISDICTION THAT HAS MULTIPLE MUNICI-
 PAL REGISTRATION SYSTEMS, THE HOST SHALL SELECT ONLY ONE SUCH  MUNICIPAL
 REGISTRATION  SYSTEM  TO REGISTER UNDER. NO MUNICIPALITY SHALL REQUIRE A
 HOST TO REGISTER  UNDER  THEIR  REGISTRATION  SYSTEM  WHERE  A  HOST  IS
 LAWFULLY REGISTERED WITH ANOTHER MUNICIPAL REGISTRATION SYSTEM.
   (A)  REGISTRATION  WITH THE DEPARTMENT OF STATE SHALL BE VALID FOR TWO
 YEARS, AFTER WHICH TIME THE SHORT-TERM RENTAL HOST MAY RENEW HIS OR  HER
 REGISTRATION  IN  A  MANNER  PRESCRIBED  BY THE DEPARTMENT OF STATE. THE
 DEPARTMENT OF STATE MAY REVOKE THE REGISTRATION OF A  SHORT-TERM  RENTAL
 HOST  UPON  A DETERMINATION THAT THE SHORT-TERM RENTAL HOST HAS VIOLATED
 ANY PROVISION OF THIS ARTICLE AT  LEAST  THREE  TIMES  IN  TWO  CALENDAR
 YEARS, AND MAY DETERMINE THAT THE SHORT-TERM RENTAL HOST SHALL BE INELI-
 GIBLE FOR REGISTRATION FOR A PERIOD OF UP TO TWELVE MONTHS FROM THE DATE
 OF  SUCH  DETERMINATION  OR  AT  THE REQUEST OF A MUNICIPALITY WHEN SUCH
 MUNICIPALITY REQUESTS SUCH REVOCATION DUE TO ILLEGAL OCCUPANCY.  LISTING
 OR  USING  A DWELLING UNIT, OR PORTION THEREOF, AS A SHORT-TERM RESIDEN-
 S. 885--B                           9
 
 TIAL RENTAL UNIT WITHOUT CURRENT, VALID REGISTRATION SHALL  BE  UNLAWFUL
 AND  SHALL  MAKE PERSONS WHO LIST OR USE SUCH UNIT INELIGIBLE FOR REGIS-
 TRATION FOR A PERIOD OF TWELVE MONTHS FROM THE DATE A  DETERMINATION  IS
 MADE THAT A VIOLATION HAS OCCURRED.
   (B) A SHORT-TERM RENTAL HOST SHALL INCLUDE THEIR CURRENT, VALID REGIS-
 TRATION  NUMBER  ON ALL OFFERINGS, LISTINGS OR ADVERTISEMENTS FOR SHORT-
 TERM RENTAL GUEST STAYS.
   (C) A TENANT, OR OTHER PERSON THAT DOES NOT OWN A UNIT THAT IS USED AS
 A SHORT-TERM RENTAL UNIT BUT IS IN VALID LEGAL POSSESSION  OF  A  SHORT-
 TERM RESIDENTIAL RENTAL UNIT, SHALL NOT QUALIFY FOR REGISTRATION IF THEY
 ARE NOT THE PERMANENT OCCUPANT OF THE DWELLING UNIT IN QUESTION AND HAVE
 NOT  BEEN  GRANTED PERMISSION IN WRITING BY THE OWNER FOR ITS SHORT-TERM
 RENTAL, TO BE VERIFIED BY THE DEPARTMENT OF STATE  OR  ANY  MUNICIPALITY
 WITH ITS OWN REGISTRATION SYSTEM.
   (D) THE DEPARTMENT OF STATE SHALL MAKE AVAILABLE TO PLATFORMS THE DATA
 NECESSARY  TO  ALLOW BOOKING PLATFORMS TO VERIFY THE REGISTRATION STATUS
 OF A SHORT-TERM RESIDENTIAL RENTAL UNIT AND THAT THE UNIT IS  ASSOCIATED
 WITH THE SHORT-TERM RENTAL HOST WHO REGISTERED THE UNIT.
   (E)  THE SHORT-TERM RENTAL HOST SHALL PAY APPLICATION AND RENEWAL FEES
 IN AN AMOUNT TO BE ESTABLISHED BY THE DEPARTMENT OF STATE.
   (F) THERE SHALL BE A FEE FOR THE USE OF  THE  ELECTRONIC  VERIFICATION
 SYSTEM  IN  AN AMOUNT TO BE ESTABLISHED BY THE DEPARTMENT OF STATE. SUCH
 FEE SHALL NOT EXCEED THE COST  TO  BUILD,  OPERATE,  AND  MAINTAIN  SUCH
 SYSTEM.
   2.  NOTWITHSTANDING  THE PROVISIONS OF ANY OTHER LAW OR ADMINISTRATIVE
 ACTION TO THE CONTRARY, IT SHALL BE UNLAWFUL FOR A  BOOKING  SERVICE  TO
 COLLECT A FEE FOR FACILITATING BOOKING TRANSACTIONS FOR SHORT-TERM RESI-
 DENTIAL  RENTAL  UNITS  LOCATED  IN THIS STATE WITHOUT FIRST REGISTERING
 WITH THE DEPARTMENT OF STATE. ACCORDINGLY, BOOKING SERVICES SHALL ADHERE
 TO THE FOLLOWING, IN ADDITION TO OTHER REGULATIONS  ESTABLISHED  BY  THE
 DEPARTMENT, AS CONDITIONS OF SUCH REGISTRATION:
   (A)  BOOKING  SERVICES  SHALL PROVIDE TO THE DEPARTMENT ON A QUARTERLY
 BASIS, IN A FORM AND MANNER TO BE  DETERMINED  BY  THE  DEPARTMENT,  THE
 REPORT  DEVELOPED  AND  MAINTAINED  BY THE BOOKING SERVICE IN ACCORDANCE
 WITH SUBDIVISION FOUR OF SECTION TWENTY-ONE OF THIS ARTICLE. THE DEPART-
 MENT SHALL SHARE THIS REPORT WITH COUNTY, CITY, TOWN, OR VILLAGE GOVERN-
 MENTS AND SHALL MAKE SUCH REPORTS AVAILABLE TO LOCAL MUNICIPAL  ENFORCE-
 MENT AGENCIES WHEN LAWFULLY REQUESTED.
   (B)  A  BOOKING  SERVICE  SHALL  PROVIDE  AGREEMENT  IN WRITING TO THE
 DEPARTMENT THAT IT WILL:
   (I) OBTAIN WRITTEN CONSENT FROM ALL SHORT-TERM RENTAL HOSTS  INTENDING
 TO  UTILIZE  THEIR  PLATFORM,  FOR  SHORT-TERM  RESIDENTIAL RENTAL UNITS
 LOCATED IN THIS STATE, FOR THE DISCLOSURE OF THE INFORMATION PURSUANT TO
 SUBDIVISION FOUR OF SECTION TWENTY-ONE OF THIS  ARTICLE,  IN  ACCORDANCE
 WITH PARAGRAPH (A) OF THIS SUBDIVISION; AND
   (II)  FURNISH  THE INFORMATION IDENTIFIED PURSUANT TO SUBDIVISION FOUR
 OF SECTION TWENTY-ONE OF THIS ARTICLE, IN ACCORDANCE WITH PARAGRAPH  (A)
 OF THIS SUBDIVISION.
    3. THE DEPARTMENT OF STATE SHALL SET A FEE FOR SHORT-TERM RESIDENTIAL
 RENTAL UNIT AND BOOKING SERVICE REGISTRATION WITH THE DEPARTMENT.
   §  23.  EXCEPTIONS. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO
 THE CONTRARY, THIS ARTICLE SHALL NOT APPLY TO:
   1. INCIDENTAL AND OCCASIONAL OCCUPANCY OF SUCH DWELLING UNIT FOR FEWER
 THAN THIRTY CONSECUTIVE DAYS BY OTHER PERSONS WHEN THE  PERMANENT  OCCU-
 PANTS  ARE  TEMPORARILY ABSENT FOR PERSONAL REASONS, SUCH AS VACATION OR
 S. 885--B                          10
 
 MEDICAL TREATMENT, PROVIDED THAT THERE IS NO MONETARY COMPENSATION  PAID
 TO THE PERMANENT OCCUPANTS FOR SUCH OCCUPANCY; OR
   2. A MUNICIPALITY WHICH DOES NOT ALLOW SHORT-TERM RESIDENTIAL RENTALS;
 PROVIDED,  HOWEVER,  THAT  SUCH  MUNICIPALITY SHALL REQUEST AN EXCEPTION
 FROM THIS ARTICLE; OR
   3. TEMPORARY HOUSING OR LODGING PERMITTED BY THE DEPARTMENT OF HEALTH.
   § 24. PENALTIES. NOTWITHSTANDING THE PROVISIONS OF ANY  OTHER  LAW  TO
 THE CONTRARY:
   1.  ANY BOOKING SERVICE WHICH COLLECTS A FEE RELATED TO BOOKING A UNIT
 AS A SHORT-TERM RENTAL, WHERE SUCH UNIT IS NOT REGISTERED IN  ACCORDANCE
 WITH  THIS  ARTICLE, SHALL BE FINED IN ACCORDANCE WITH SUBDIVISIONS FOUR
 AND FIVE OF THIS SECTION.  THE SECRETARY OF STATE OR THEIR DESIGNEE  MAY
 ALSO SEEK AN INJUNCTION FROM A COURT OF COMPETENT JURISDICTION PROHIBIT-
 ING  THE  COLLECTION  OF ANY FEES RELATING TO THE OFFERING OR RENTING OF
 THE UNIT AS A SHORT-TERM RESIDENTIAL RENTAL.
    2. ANY PERSON WHO OFFERS A SHORT-TERM RESIDENTIAL RENTAL UNIT WITHOUT
 REGISTERING WITH THE  DEPARTMENT  OF  STATE  OR  MUNICIPAL  REGISTRATION
 SYSTEM,  OR  ANY  PERSON  WHO  OFFERS AN ELIGIBLE SHORT-TERM RESIDENTIAL
 RENTAL UNIT AS A SHORT-TERM RENTAL WHILE THE UNIT'S REGISTRATION ON  THE
 SHORT-TERM RESIDENTIAL RENTAL UNIT REGISTRY IS SUSPENDED, SHALL BE FINED
 IN ACCORDANCE WITH SUBDIVISIONS FOUR AND FIVE OF THIS SECTION.
   3.  ANY  PERSON  WHO  FAILS  TO COMPLY WITH ANY NOTICE OF VIOLATION OR
 OTHER ORDER ISSUED PURSUANT TO THIS ARTICLE BY THE DEPARTMENT  OF  STATE
 FOR  A  VIOLATION  OF  ANY  PROVISION  OF THIS ARTICLE SHALL BE FINED IN
 ACCORDANCE WITH SUBDIVISIONS FOUR AND FIVE OF THIS SECTION.
   4. IN A MUNICIPALITY THAT DOES NOT HAVE ITS OWN REGISTRATION SYSTEM, A
 SHORT-TERM RENTAL HOST THAT VIOLATES THE REQUIREMENTS  OF  THIS  ARTICLE
 SHALL  RECEIVE  A WARNING NOTICE ISSUED, WITHOUT PENALTY, BY THE DEPART-
 MENT OF STATE UPON THE FIRST AND SECOND VIOLATION.  THE  WARNING  NOTICE
 SHALL  DETAIL  ACTIONS  TO BE TAKEN TO CURE THE VIOLATION. A TWO HUNDRED
 DOLLAR FINE SHALL BE IMPOSED UPON THE THIRD VIOLATION.  A  ONE  THOUSAND
 DOLLAR  FINE  PER  DAY  SHALL BE IMPOSED UPON ALL SUBSEQUENT VIOLATIONS.
 UPON THE OCCURRENCE OF A VIOLATION,  A  SEVEN-DAY  PERIOD  TO  CURE  THE
 VIOLATION  SHALL  BE GRANTED. DURING SUCH PERIOD, NO FURTHER FINES SHALL
 BE ACCUMULATED AGAINST THE SHORT-TERM RENTAL HOST, EXCEPT WHERE THE  NEW
 VIOLATION IS RELATED TO A DIFFERENT SHORT-TERM RENTAL UNIT.
   5. IN A MUNICIPALITY THAT DOES NOT HAVE ITS OWN REGISTRATION SYSTEM, A
 BOOKING  SERVICE THAT VIOLATES THE REQUIREMENTS OF THIS ARTICLE SHALL BE
 ISSUED A FIVE HUNDRED DOLLAR FINE PER  DAY,  PER  VIOLATION,  UNTIL  THE
 VIOLATION IS CURED.
   6. IN A MUNICIPALITY THAT HAS ITS OWN REGISTRATION SYSTEM, THE MUNICI-
 PALITY MAY ESTABLISH AND EFFECTUATE ITS OWN PENALTY SYSTEM.
   § 24-A. ENFORCEMENT. 1. THE PROVISIONS OF THIS ARTICLE MAY BE ENFORCED
 IN ACCORDANCE WITH ARTICLE EIGHT OF THIS CHAPTER.
   2.  THE  DEPARTMENT  OF STATE MAY ENTER INTO AGREEMENTS WITH A BOOKING
 SERVICE FOR ASSISTANCE IN ENFORCING  THE  PROVISIONS  OF  THIS  SECTION,
 INCLUDING  BUT  NOT  LIMITED TO AN AGREEMENT WHEREBY THE BOOKING SERVICE
 AGREES TO REMOVE A LISTING FROM ITS PLATFORM THAT IS  DEEMED  INELIGIBLE
 FOR  USE AS A SHORT-TERM RESIDENTIAL RENTAL UNIT UNDER THE PROVISIONS OF
 THIS ARTICLE, AND WHEREBY THE  BOOKING  SERVICE  AGREES  TO  PROHIBIT  A
 SHORT-TERM  RENTAL  HOST FROM LISTING ANY LISTING WITHOUT A VALID REGIS-
 TRATION NUMBER.
   3. THE ATTORNEY GENERAL SHALL BE AUTHORIZED TO BRING AN ACTION  FOR  A
 VIOLATION  OF  THIS  ARTICLE  FOR  ANY  SUCH VIOLATIONS OCCURRING IN THE
 STATE, REGARDLESS OF THE REGISTRATION SYSTEM IN PLACE WITHIN THE  APPLI-
 CABLE JURISDICTION.
 S. 885--B                          11
 
   4. A MUNICIPALITY SHALL BE ENTITLED TO BRING AN ACTION FOR A VIOLATION
 OF THIS ARTICLE FOR ANY SUCH VIOLATIONS OF THIS ARTICLE OCCURRING IN THE
 MUNICIPALITY, AND MAY NOTIFY THE ATTORNEY GENERAL.
   § 24-B. DATA SHARING. BOOKING SERVICES SHALL PROVIDE TO THE DEPARTMENT
 OF  STATE  AND MUNICIPALITIES, ON A MONTHLY BASIS, AN ELECTRONIC REPORT,
 IN A FORMAT DETERMINED BY THE DEPARTMENT OF STATE OF THE LISTINGS  MAIN-
 TAINED,  AUTHORIZED,  FACILITATED  OR  ADVERTISED BY THE BOOKING SERVICE
 WITHIN THE STATE FOR THE APPLICABLE REPORTING PERIOD. THE  REPORT  SHALL
 INCLUDE  THE  REGISTRATION NUMBER, AND A BREAKDOWN OF WHERE THE LISTINGS
 ARE LOCATED, WHETHER THE LISTING IS FOR A PARTIAL UNIT OR A WHOLE  UNIT,
 AND  SHALL  INCLUDE THE NUMBER OF NIGHTS EACH UNIT WAS REPORTED AS OCCU-
 PIED DURING THE APPLICABLE REPORTING PERIOD.
   § 3. Subdivision (c) of section 1101 of the tax law, as added by chap-
 ter 93 of the laws of 1965, paragraphs 2, 3,  4  and  6  as  amended  by
 section 2 and paragraph 8 as added by section 3 of part AA of chapter 57
 of  the  laws  of 2010, and paragraph 5 as amended by chapter 575 of the
 laws of 1965, is amended to read as follows:
   (c) When used in this article for the  purposes  of  the  tax  imposed
 under  subdivision  (e)  of section eleven hundred five OF THIS ARTICLE,
 AND SUBDIVISION (A) OF SECTION ELEVEN HUNDRED FOUR OF THIS ARTICLE,  the
 following terms shall mean:
   (1)  Hotel.  A  building  or portion of it which is regularly used and
 kept open as such for the lodging of guests. The term  "hotel"  includes
 an  apartment  hotel,  a  motel,  boarding house or club, whether or not
 meals are served, AND SHORT-TERM RENTAL UNITS.
   (2) Occupancy. The use or possession, or  the  right  to  the  use  or
 possession,  of  any  room  in a hotel. "Right to the use or possession"
 includes the rights of a room remarketer as described in paragraph eight
 of this subdivision.
   (3) Occupant. A person who, for a consideration, uses,  possesses,  or
 has  the  right  to use or possess, any room in a hotel under any lease,
 concession, permit, right of access, license to use or other  agreement,
 or  otherwise.  "Right  to use or possess" includes the rights of a room
 remarketer as described in paragraph eight of this subdivision.
   (4) Operator. Any person operating a hotel. Such term shall include  a
 room  remarketer  and  such room remarketer shall be deemed to operate a
 hotel, or portion thereof, with respect to which  such  person  has  the
 rights of a room remarketer.
   (5)  Permanent  resident. Any occupant of any room or rooms in a hotel
 for at least ninety consecutive days shall  be  considered  a  permanent
 resident with regard to the period of such occupancy.
   (6)  Rent.  The  consideration  received  for occupancy, including any
 service or other charge or amount required to be paid as a condition for
 occupancy, valued in money, whether received in money or  otherwise  and
 whether received by the operator [or], A BOOKING SERVICE, a room remark-
 eter or another person on behalf of [either] ANY of them.
   (7)  Room.  Any  room or rooms of any kind in any part or portion of a
 hotel, which is available for or let out for any purpose  other  than  a
 place of assembly.
   (8)  Room remarketer. A person who reserves, arranges for, conveys, or
 furnishes occupancy, whether directly or indirectly, to an occupant  for
 rent  in  an amount determined by the room remarketer, directly or indi-
 rectly, whether pursuant to a written or other agreement. Such  person's
 ability  or  authority to reserve, arrange for, convey, or furnish occu-
 pancy, directly or indirectly, and to determine rent therefor, shall  be
 the  "rights of a room remarketer". A room remarketer is not a permanent
 S. 885--B                          12
 
 resident with respect to a room for which such person has the rights  of
 a  room remarketer.  THIS TERM DOES NOT INCLUDE A BOOKING SERVICE UNLESS
 SUCH SERVICE OTHERWISE MEETS THIS DEFINITION.
   (9)  SHORT-TERM RENTAL UNIT.  A SHORT-TERM RESIDENTIAL UNIT AS DEFINED
 IN SECTION TWENTY OF THE MULTIPLE RESIDENCE LAW OR IN SECTION TWENTY  OF
 THE  MULTIPLE  DWELLING  LAW  WHICH IS REGISTERED WITH THE DEPARTMENT OF
 STATE OR A MUNICIPAL REGISTRATION SYSTEM,  WHICH  INCLUDES  BUT  IS  NOT
 LIMITED  TO  TITLE  TWENTY-SIX OF THE ADMINISTRATIVE CODE OF THE CITY OF
 NEW YORK.
   (10) BOOKING SERVICE. (I) A PERSON OR ENTITY WHO,  DIRECTLY  OR  INDI-
 RECTLY:
   (A)  PROVIDES  ONE OR MORE ONLINE, COMPUTER OR APPLICATION-BASED PLAT-
 FORMS THAT INDIVIDUALLY OR COLLECTIVELY CAN BE USED TO:
   (I) LIST OR ADVERTISE OFFERS FOR RENTAL OF A SHORT-TERM  RENTAL  UNIT,
 OR  SPACE  IN  A SHORT-TERM RENTAL UNIT, A TYPE OF A HOTEL AS DEFINED IN
 PARAGRAPH ONE OF THIS SUBDIVISION, AND
   (II) EITHER ACCEPT SUCH OFFERS, OR RESERVE OR PAY  FOR  SUCH  RENTALS;
 AND
   (B)  CHARGES,  COLLECTS  OR RECEIVES A FEE FROM A CUSTOMER OR HOST FOR
 THE USE OF SUCH A PLATFORM OR FOR PROVISION OF ANY SERVICE IN CONNECTION
 WITH THE RENTAL OF A SHORT-TERM RENTAL UNIT, OR SPACE  IN  A  SHORT-TERM
 RENTAL  UNIT,  A  TYPE  OF  A  HOTEL AS DEFINED IN PARAGRAPH ONE OF THIS
 SUBDIVISION.   FOR THE PURPOSES OF THIS  SECTION,  "CUSTOMER"  MEANS  AN
 INDIVIDUAL OR ORGANIZATION THAT PURCHASES A STAY AT A SHORT-TERM RENTAL.
   (II) A BOOKING SERVICE SHALL NOT INCLUDE A PERSON OR ENTITY WHO FACIL-
 ITATES BOOKINGS OF HOTEL ROOMS SOLELY ON BEHALF OF AFFILIATED PERSONS OR
 ENTITIES, INCLUDING FRANCHISEES, OPERATING UNDER A SHARED HOTEL BRAND.
   (III)  A  BOOKING  SERVICE  SHALL  NOT  INCLUDE A PERSON OR ENTITY WHO
 FACILITATES BOOKINGS OF HOTEL ROOMS AND DOES NOT COLLECT AND RETAIN  THE
 RENT PAID FOR SUCH OCCUPANCY, AS DEFINED BY PARAGRAPH SIX OF THIS SUBDI-
 VISION.
   §  4.  Subdivision  (e)  of  section 1105 of the tax law is amended by
 adding a new paragraph 3 to read as follows:
   (3) THE RENT FOR EVERY OCCUPANCY OF A ROOM OR ROOMS  IN  A  SHORT-TERM
 RENTAL  UNIT,  OR  SPACE  IN A SHORT-TERM RENTAL UNIT, A TYPE OF A HOTEL
 OFFERED FOR RENT THROUGH A BOOKING SERVICE, AS DEFINED IN PARAGRAPH  TEN
 OF  SUBDIVISION  (C)  OF  SECTION  ELEVEN  HUNDRED  ONE OF THIS ARTICLE,
 REGARDLESS OF WHETHER IT IS FURNISHED, LIMITED TO A SINGLE FAMILY  OCCU-
 PANCY,  OR  PROVIDES HOUSEKEEPING, FOOD, OR OTHER COMMON HOTEL SERVICES,
 INCLUDING, BUT NOT LIMITED TO, ENTERTAINMENT OR PLANNED ACTIVITIES.
   § 5. Subdivision 1 of section 1131 of  the  tax  law,  as  amended  by
 section  2  of  part  G of chapter 59 of the laws of 2019, is amended to
 read as follows:
   (1) "Persons required to collect tax" or "person required  to  collect
 any tax imposed by this article" shall include: every vendor of tangible
 personal  property  or  services;  every recipient of amusement charges;
 every operator of a hotel; [and] every marketplace provider with respect
 to sales of tangible personal property it facilitates  as  described  in
 paragraph  one  of subdivision (e) of section eleven hundred one of this
 article; AND BOOKING SERVICES UNLESS RELIEVED OF SUCH OBLIGATION  PURSU-
 ANT  TO  PARAGRAPH  THREE  OF  SUBDIVISION (M) OF SECTION ELEVEN HUNDRED
 THIRTY-TWO OF THIS PART. Said terms  shall  also  include  any  officer,
 director or employee of a corporation or of a dissolved corporation, any
 employee  of a partnership, any employee or manager of a limited liabil-
 ity company, or any employee of an individual proprietorship who as such
 officer, director, employee or manager is under a duty to act  for  such
 S. 885--B                          13
 
 corporation,   partnership,  limited  liability  company  or  individual
 proprietorship in complying with any requirement of this article, or has
 so acted; and any member of a partnership or limited liability  company.
 Provided,  however,  that any person who is a vendor solely by reason of
 clause (D) or (E) of subparagraph (i) of paragraph  (8)  of  subdivision
 (b) of section eleven hundred one of this article shall not be a "person
 required  to  collect any tax imposed by this article" until twenty days
 after the date by which such person is required to file a certificate of
 registration pursuant to section  eleven  hundred  thirty-four  of  this
 part.
   §  6.  Section 1132 of the tax law is amended by adding a new subdivi-
 sion (m) to read as follows:
   (M) (1) A BOOKING SERVICE SHALL BE REQUIRED TO (I)  COLLECT  FROM  THE
 OCCUPANTS  THE  APPLICABLE  TAXES  ARISING  FROM  SUCH OCCUPANCIES; (II)
 COMPLY WITH ALL THE PROVISIONS OF THIS ARTICLE AND  ARTICLE  TWENTY-NINE
 OF  THIS  CHAPTER  AND  ANY  REGULATIONS ADOPTED PURSUANT THERETO; (III)
 REGISTER TO COLLECT TAX UNDER SECTION ELEVEN HUNDRED THIRTY-FOUR OF THIS
 PART; AND (IV) RETAIN RECORDS AND INFORMATION AS REQUIRED BY THE COMMIS-
 SIONER  AND  COOPERATE  WITH  THE  COMMISSIONER  TO  ENSURE  THE  PROPER
 COLLECTION  AND  REMITTANCE OF TAX IMPOSED, COLLECTED, OR REQUIRED TO BE
 COLLECTED UNDER THIS ARTICLE AND ARTICLE TWENTY-NINE OF THIS CHAPTER.
   (2) IN CARRYING OUT THE OBLIGATIONS  IMPOSED  UNDER  THIS  SECTION,  A
 BOOKING SERVICE SHALL HAVE ALL THE DUTIES, BENEFITS, AND ENTITLEMENTS OF
 A  PERSON REQUIRED TO COLLECT TAX UNDER THIS ARTICLE AND ARTICLE TWENTY-
 NINE OF THIS CHAPTER WITH RESPECT TO THE OCCUPANCIES GIVING RISE TO  THE
 TAX  OBLIGATION,  INCLUDING  THE  RIGHT TO ACCEPT A CERTIFICATE OR OTHER
 DOCUMENTATION FROM AN OCCUPANT SUBSTANTIATING AN EXEMPTION OR  EXCLUSION
 FROM TAX, AS IF SUCH BOOKING SERVICE WERE THE OPERATOR OF THE HOTEL WITH
 RESPECT  TO  SUCH  OCCUPANCY,  INCLUDING THE RIGHT TO RECEIVE THE REFUND
 AUTHORIZED BY SUBDIVISION (E) OF THIS SECTION AND THE CREDIT ALLOWED  BY
 SUBDIVISION (F) OF SECTION ELEVEN HUNDRED THIRTY-SEVEN OF THIS PART.
   (3) AN OPERATOR OF A HOTEL IS NOT A PERSON REQUIRED TO COLLECT TAX FOR
 PURPOSES  OF THIS PART WITH RESPECT TO TAXES IMPOSED UPON OCCUPANCIES OF
 HOTELS IF:
   (I) THE OPERATOR OF THE HOTEL CAN SHOW THAT THE OCCUPANCY WAS  FACILI-
 TATED  BY A BOOKING SERVICE WHO IS REGISTERED TO COLLECT TAX PURSUANT TO
 SECTION ELEVEN HUNDRED THIRTY-FOUR OF THIS PART; AND
   (II) THE OPERATOR OF THE HOTEL ACCEPTED FROM  THE  BOOKING  SERVICE  A
 PROPERLY COMPLETED CERTIFICATE OF COLLECTION IN A FORM PRESCRIBED BY THE
 COMMISSIONER  CERTIFYING  THAT  THE BOOKING SERVICE HAS AGREED TO ASSUME
 THE TAX COLLECTION AND FILING RESPONSIBILITIES OF THE  OPERATOR  OF  THE
 HOTEL; AND
   (III)  ANY FAILURE OF THE BOOKING SERVICE TO COLLECT THE PROPER AMOUNT
 OF TAX WITH RESPECT TO SUCH OCCUPANCY WAS NOT THE RESULT OF THE OPERATOR
 OF THE HOTEL PROVIDING INCORRECT INFORMATION  TO  THE  BOOKING  SERVICE,
 WHETHER INTENTIONAL OR UNINTENTIONAL.
   THIS  PROVISION  SHALL  BE  ADMINISTERED  IN  A MANNER CONSISTENT WITH
 SUBPARAGRAPH (I) OF PARAGRAPH ONE OF SUBDIVISION (C) OF THIS SECTION  AS
 IF  A  CERTIFICATE  OF COLLECTION WERE A RESALE OR EXEMPTION CERTIFICATE
 FOR  PURPOSES  OF  SUCH  SUBPARAGRAPH,  INCLUDING  WITH  REGARD  TO  THE
 COMPLETENESS  OF  SUCH  CERTIFICATE  OF COLLECTION AND THE TIMING OF ITS
 ACCEPTANCE BY THE OPERATOR OF THE HOTEL;  PROVIDED  HOWEVER,  THAT  WITH
 REGARD  TO  ANY  OCCUPANCIES  SOLD  BY AN OPERATOR OF THE HOTEL THAT ARE
 FACILITATED BY A BOOKING SERVICE WHO IS AFFILIATED WITH  SUCH  OPERATOR,
 THE  OPERATOR SHALL BE DEEMED LIABLE AS A PERSON UNDER A DUTY TO ACT FOR
 S. 885--B                          14
 
 SUCH BOOKING SERVICE FOR PURPOSES OF SUBDIVISION ONE OF  SECTION  ELEVEN
 HUNDRED THIRTY-ONE OF THIS PART.
   (4)  THE  COMMISSIONER  MAY, IN HIS OR HER DISCRETION DEVELOP STANDARD
 LANGUAGE, OR APPROVE LANGUAGE DEVELOPED BY A BOOKING SERVICE,  IN  WHICH
 THE BOOKING SERVICE OBLIGATES ITSELF TO COLLECT THE TAX ON BEHALF OF ALL
 THE OPERATORS OF HOTELS.
   (5)  IN THE EVENT AN OPERATOR OF A HOTEL IS A ROOM REMARKETER, AND ALL
 OTHER PROVISIONS OF THIS SUBDIVISION ARE MET SUCH THAT A BOOKING SERVICE
 IS OBLIGATED TO COLLECT TAX, AND DOES IN FACT COLLECT TAX  AS  EVIDENCED
 BY THE BOOKS AND RECORDS OF SUCH BOOKING SERVICE, THEN THE PROVISIONS OF
 SUBDIVISION (E) OF SECTION ELEVEN HUNDRED NINETEEN OF THIS ARTICLE SHALL
 BE APPLICABLE.
   § 7. Paragraph 4 of subdivision (a) of section 1136 of the tax law, as
 amended  by  section  5  of part G of chapter 59 of the laws of 2019, is
 amended to read as follows:
   (4) The return of a vendor of tangible personal property  or  services
 shall  show  such vendor's receipts from sales and the number of gallons
 of any motor fuel or diesel motor fuel sold and also the aggregate value
 of tangible personal property and services and number of gallons of such
 fuels sold by the vendor, the use of which is subject to tax under  this
 article,  and  the  amount  of  tax  payable  thereon  pursuant  to  the
 provisions of section eleven hundred  thirty-seven  of  this  part.  The
 return  of  a recipient of amusement charges shall show all such charges
 and the amount of tax thereon, and the return of an operator required to
 collect tax on rents shall show all rents received or  charged  and  the
 amount  of tax thereon. The return of a marketplace seller shall exclude
 the receipts from a sale of tangible personal property facilitated by  a
 marketplace  provider  if,  in  regard to such sale: (A) the marketplace
 seller has timely received in good faith a  properly  completed  certif-
 icate  of  collection  from  the marketplace provider or the marketplace
 provider has included a provision approved by the  commissioner  in  the
 publicly-available  agreement  between  the marketplace provider and the
 marketplace seller as described in subdivision  one  of  section  eleven
 hundred thirty-two of this part, and (B) the information provided by the
 marketplace  seller  to  the  marketplace  provider  about such tangible
 personal property is accurate.  THE RETURN OF A SHORT-TERM  RENTAL  HOST
 SHALL EXCLUDE THE RENT FROM OCCUPANCY OF A SHORT-TERM RENTAL UNIT FACIL-
 ITATED  BY  A BOOKING SERVICE IF, IN REGARD TO SUCH SALE: (A) THE SHORT-
 TERM RENTAL HOST HAS TIMELY RECEIVED IN GOOD FAITH A PROPERLY  COMPLETED
 CERTIFICATE  OF  COLLECTION  FROM  THE  BOOKING  SERVICE  OR THE BOOKING
 SERVICE HAS INCLUDED A PROVISION APPROVED BY  THE  COMMISSIONER  IN  THE
 PUBLICLY-AVAILABLE  AGREEMENT BETWEEN THE BOOKING SERVICE AND THE SHORT-
 TERM RENTAL HOST AS DESCRIBED  IN  SUBDIVISION  (M)  OF  SECTION  ELEVEN
 HUNDRED THIRTY-TWO OF THIS PART, AND (B) THE INFORMATION PROVIDED BY THE
 SHORT-TERM  RENTAL  HOST TO THE BOOKING SERVICE ABOUT SUCH RENT AND SUCH
 OCCUPANCY IS ACCURATE.
   § 8. Section 1142 of the tax law is amended by adding a  new  subdivi-
 sion 16 to read as follows:
   16.  TO PUBLISH A LIST ON THE DEPARTMENT'S WEBSITE OF BOOKING SERVICES
 WHOSE CERTIFICATES OF AUTHORITY HAVE BEEN REVOKED AND, IF  NECESSARY  TO
 PROTECT  SALES  TAX  REVENUE,  PROVIDE BY REGULATION OR OTHERWISE THAT A
 SHORT-TERM RENTAL UNIT OPERATOR WILL BE RELIEVED OF THE  REQUIREMENT  TO
 REGISTER  AND  THE  DUTY  TO  COLLECT TAX ON THE RENT FOR OCCUPANCY OF A
 SHORT-TERM RENTAL FACILITATED BY A BOOKING SERVICE PROVIDER ONLY IF,  IN
 ADDITION  TO  THE  CONDITIONS PRESCRIBED BY PARAGRAPH TWO OF SUBDIVISION
 (M) OF SECTION ELEVEN HUNDRED THIRTY-TWO AND PARAGRAPH SIX  OF  SUBDIVI-
 S. 885--B                          15
 
 SION  (A)  OF SECTION ELEVEN HUNDRED THIRTY-FOUR OF THIS PART BEING MET,
 SUCH BOOKING SERVICE IS NOT ON SUCH LIST  AT  THE  COMMENCEMENT  OF  THE
 QUARTERLY PERIOD COVERED THEREBY.
   §  9.  Subpart  A of part 1 of article 29 of the tax law is amended by
 adding a new section 1200 to read as follows:
   § 1200. DEFINITION. FOR THE PURPOSES OF  THIS  ARTICLE  "HOTEL"  SHALL
 MEAN  A BUILDING OR PORTION OF SUCH BUILDING WHICH IS REGULARLY USED AND
 KEPT OPEN AS SUCH FOR THE LODGING OF GUESTS, INCLUDING: (A) AN APARTMENT
 HOTEL, (B) A MOTEL, (C) A BOARDING HOUSE OR CLUB, WHETHER OR  NOT  MEALS
 ARE  SERVED,  AND  (D) SHORT-TERM RESIDENTIAL RENTAL UNITS AS DEFINED IN
 SUBDIVISION ONE OF SECTION TWENTY OF THE MULTIPLE RESIDENCE  LAW  OR  IN
 SUBDIVISION ONE OF SECTION TWENTY OF THE MULTIPLE DWELLING LAW.
   §  10.  Notwithstanding any other provisions of law to the contrary, a
 county, city, town, or village government may enact a local law  prohib-
 iting  or  further  limiting  the  listing  or use of dwelling units, or
 portions thereof, as short-term residential rental units.
   § 11. Severability. If any provision of this act, or  any  application
 of  any  provision  of  this  act, is held to be invalid, that shall not
 affect the validity or effectiveness of any other provision of this act,
 or of any other application of any provision of this act, which  can  be
 given effect without that provision or application; and to that end, the
 provisions and applications of this act are severable.
   §  12.  This  act  shall  take effect on the one hundred twentieth day
 after it shall have become a law.

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The New York State Senate

senate Bill S885B

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May 23, 2023 - Finance committee Vote

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May 15, 2023 - Housing, Construction and Community Development committee Vote

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senate Bill S885B

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Sponsored By

Current Bill Status - On Floor Calendar

Your Voice

Actions

Votes

May 23, 2023 - Finance committee Vote

Finance Committee Vote: May 23, 2023

May 15, 2023 - Housing, Construction and Community Development committee Vote

Committee Vote: May 15, 2023

Bill Amendments

Co-Sponsors

S885 - Details

S885 - Summary

S885 - Sponsor Memo

S885 - Bill Text download pdf

Co-Sponsors

S885A - Details

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S885B (ACTIVE) - Details

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