A10483A-2011 Actions

• Jun 18, 2012: print number 10483c
• Jun 18, 2012: amend and recommit to housing
• Jun 15, 2012: print number 10483b
• Jun 15, 2012: print number 10483a
• Jun 15, 2012: print number 10483b
• Jun 15, 2012: amend and recommit to housing
• Jun 13, 2012: amend by restoring to original print 10483
• Jun 13, 2012: print number 10483a
• Jun 13, 2012: amend and recommit to housing
• May 29, 2012: referred to housing

A10483A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 10483--A
 I N  ASSEMBLY
 May 29, 2012
 
 Introduced  by  M.  of  A. BROOK-KRASNY -- read once and referred to the
 Committee on Housing -- committee discharged,  bill  amended,  ordered
 reprinted as amended and recommitted to said committee
 

AN ACT to amend the multiple dwelling law and the administrative code of
 the  city  of  New  York, in relation to clarifying certain provisions
 relating to occupancy of class A multiple dwellings
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Paragraph a of subdivision 8 of section 4 of the multiple
 dwelling law is amended by adding  a  new  subparagraph  3  to  read  as
 follows:

 (3)  IN  A  CLASS  A MULTIPLE DWELLING, THE USE OF A SHORT-TERM RENTAL
 UNIT FOR OCCUPANCY OF FEWER THAN THIRTY CONSECUTIVE DAYS  SHALL  NOT  BE
 INCONSISTENT  WITH THE OCCUPANCY OF SUCH MULTIPLE DWELLING FOR PERMANENT
 RESIDENCE PURPOSES IF:

 (A) SUCH DWELLING UNIT DOES  NOT  PROVIDE  SINGLE  ROOM  OCCUPANCY  AS
 DEFINED BY SUBDIVISION SIXTEEN OF THIS SECTION;
 (B) SUCH DWELLING UNIT CONTAINS A BATHROOM AND A KITCHEN;
 (C)  SUCH DWELLING UNIT PROVIDES FOR AN EVACUATION DIAGRAM IDENTIFYING
 ALL MEANS OF EGRESS FROM THE VACATION RENTAL UNIT AND  THE  BUILDING  IN
 WHICH  IT  IS  LOCATED.  SUCH  EVACUATION  DIAGRAM  SHALL BE POSTED IN A
 CONSPICUOUS PLACE ON THE INSIDE ENTRANCE DOOR OF  EACH  VACATION  RENTAL
 UNIT;
 (D)  SUCH  DWELLING  UNIT  CONTAINS WORKING SMOKE DETECTORS LOCATED IN
 EACH ROOM OF THE UNIT;
 (E) SUCH DWELLING UNIT HAS  SUFFICIENT  FIRE,  HAZARD,  AND  LIABILITY
 INSURANCE TO COVER THOSE PERSONS USING THE UNIT FOR SUCH OCCUPANCY;
 (F) ALL COMPENSATION RECEIVED FOR RENT, OR FOR HIRE, FOR SUCH DWELLING
 UNIT, SHALL BE SUBJECT TO ALL APPROPRIATE TAXES AND FEES, INCLUDING, BUT
 NOT  LIMITED TO, TAXES AND FEES IMPOSED BY SECTIONS 1104, 1105, 1107 AND
 1109 OF THE TAX LAW, AND SECTION 11-702 OF THE  ADMINISTRATIVE  CODE  OF
 THE CITY OF NEW YORK;
 (G)  SUCH DWELLING UNIT IS NOT CURRENTLY SUBJECT TO RENT CONTROL UNDER
 CHAPTER THREE OF TITLE TWENTY-SIX OF THE ADMINISTRATIVE CODE OF THE CITY
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10513-08-2
 
       A. 10483--A                         2
 OF NEW YORK OR RENT STABILIZATION UNDER CHAPTER FOUR OF TITLE TWENTY-SIX
 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, NOR DOES  THE  OWNER
 OF  THE CLASS A MULTIPLE DWELLING BUILDING IN WHICH THE UNIT IS LOCATED,
 RECEIVE  A  TAX  EXEMPTION,  CREDIT,  REDUCTION  OR REFUND PURSUANT TO A
 PUBLIC HOUSING OR AFFORDABLE HOUSING; AND
 (H) THE OWNER OR LEASEHOLDER OF SUCH DWELLING UNIT IS REGISTERED  WITH
 THE  CITY  IN  ACCORDANCE WITH THE PROVISIONS OF ARTICLE SEVEN-D OF THIS
 CHAPTER EXCEPT WHERE SUCH UNIT IS PROVIDED AS A  SHORT-TERM  RENTAL  FOR
 LESS  THAN  THIRTY  DAYS  PER  CALENDAR  YEAR.  SEPARATE REGISTRATION IS
 REQUIRED FOR EACH BUILDING THAT SUCH OWNER  OR  LEASEHOLDER  USES  AS  A
 SHORT-TERM RENTAL.
 PROVIDED FURTHER THAT IN CLASS A MULTIPLE DWELLINGS:

 (I)  WITH  FIVE TO TEN UNITS, NO MORE THAN FIFTY PERCENT MAY BE REGIS
 TERED AS SHORT-TERM RENTAL UNITS;
 (II) WITH ELEVEN TO TWENTY UNITS, NO MORE THAN FORTY-NINE PERCENT  MAY
 BE REGISTERED AS SHORT-TERM RENTAL UNITS; AND
 (III)  WITH  MORE  THAN  TWENTY UNITS, NO MORE THAN TEN PERCENT MAY BE
 REGISTERED AS SHORT-TERM RENTAL UNITS.
 

S 2.

Section 4 of the multiple dwelling law is amended by adding a new
 subdivision 15-a to read as follows:

 15-A. "SHORT-TERM RENTAL UNIT" IS A CLASS  A  MULTIPLE  DWELLING  UNIT
 THAT  IS  AVAILABLE  FOR RENT, OR FOR HIRE, FOR LESS THAN THIRTY DAYS BY
 GUESTS.
 

S 3. The multiple dwelling law is amended by adding a new article  7-D
 to read as follows:

 ARTICLE 7-D
 SHORT-TERM RENTALS
 SECTION 288. REGISTRATION REQUIRED.
 289. REGISTRATION FEE.
 290. STANDARD OF OPERATION.
 291. VIOLATIONS.
 

S  288.  REGISTRATION  REQUIRED.  ANY INDIVIDUAL THAT OWNS OR LEASES A
 SHORT-TERM RENTAL UNIT, AS DEFINED BY SUBDIVISION FIFTEEN-A  OF  SECTION
 FOUR  OF  THIS CHAPTER, AND RENTS SUCH UNIT OUT TO GUESTS FOR FEWER THAN
 THIRTY CONSECUTIVE DAYS MUST REGISTER WITH THE CITY FOR  EVERY  BUILDING
 WHEREIN  THE  INDIVIDUAL  HAS  A SHORT-TERM RENTAL UNIT OR UNITS LOCATED
 EXCEPT WHERE SUCH UNIT IS PROVIDED AS A SHORT-TERM RENTAL FOR LESS  THAN
 THIRTY DAYS PER CALENDAR YEAR IN WHICH CASE NO REGISTRATION IS REQUIRED.
 THE REGISTRATION SHALL INCLUDE THE LOCATION OF THE VACATION RENTAL UNIT,
 THE  TOTAL  NUMBER OF SLEEPING ROOMS AND THE NAME AND ADDRESS OF A LOCAL
 CONTACT PERSON.
 

S 289. REGISTRATION FEE. THE REGISTRATION FEE  SHALL  BE  TWO  HUNDRED
 DOLLARS.
 

S  290.  STANDARD  OF  OPERATION.  EACH  REGISTRATION SHALL CONTAIN AN
 ATTESTATION THAT THE INDIVIDUAL WILL COMPLY WITH A STANDARD OF OPERATION
 THAT INCLUDES:

 1. GUEST REGISTRATION RECORDS FOR EACH UNIT MUST BE MAINTAINED,  WHICH
 CONTAIN  THE  FOLLOWING  INFORMATION ABOUT EACH GUEST: THE GUEST'S NAME,
 ADDRESS, AND DATES OF ACCOMMODATION. THE REGISTRATION RECORDS  SHALL  BE
 KEPT ON FILE FOR THREE YEARS AND MADE AVAILABLE FOR INSPECTION.
 2.  NO  ILLEGAL  ACTIVITY  OR PUBLIC NUISANCE SHALL BE ALLOWED TO TAKE
 PLACE IN THE UNIT.
 3. THE MAXIMUM NUMBER OF GUESTS IN A UNIT SHALL BE NO  MORE  THAN  ONE
 PERSON  PER ONE HUNDRED SQUARE FEET OF FLOOR AREA. THE OCCUPANCY LIMITA
 TIONS SET FORTH IN THIS SUBDIVISION ARE ABSOLUTE MAXIMUMS, AND THE ACTU
 AL ALLOWED CAPACITY SHALL BE BASED ON THE APPLICABLE PROVISIONS  OF  THE
 
       A. 10483--A                         3
 BUILDING  CODE.    NOTICE OF THESE REQUIREMENTS SHALL BE PROVIDED TO ALL
 GUESTS.
 4.  THE  UNIT  SHALL  BE  CLEANED AND SANITIZED BETWEEN GUESTS AND ALL
 PERISHABLE FOOD, BEVERAGES AND ALCOHOL SHALL BE THROWN OUT. ALL  DISHES,
 UTENSILS,  POTS,  PANS  AND  OTHER COOKING UTENSILS SHALL BE CLEANED AND
 SANITIZED BETWEEN GUESTS.
 5. THE NAME AND PHONE NUMBER OF A LOCAL CONTACT PERSON  AND  PROOF  OF
 REGISTRATION SHALL BE POSTED IN A CONSPICUOUS PLACE NEAR THE ENTRANCE OF
 THE UNIT.
 6.  WHERE  A SHORT-TERM RENTAL UNIT HAS HAD AT LEAST TWO SUBSTANTIATED
 COMPLAINTS ISSUED ON  IT  WHICH  LED  TO  A  FINDING  OF  AT  LEAST  TWO
 VIOLATIONS OF THIS ARTICLE OR ARTICLE FOUR OF THIS CHAPTER, REGISTRATION
 OF  THE  UNIT,  AND  ANY OTHER SHORT-TERM RENTAL UNITS REGISTERED BY THE
 INDIVIDUAL IN THE SAME BUILDING, SHALL BE REVOKED.
 

S 291. VIOLATIONS. 1. ANY INDIVIDUAL WHO IS FOUND BY THE DEPARTMENT TO
 HAVE VIOLATED ANY REQUIREMENTS OF CLAUSE THREE OF PARAGRAPH A OF  SUBDI
 VISION  EIGHT  OF  SECTION  FOUR OF THIS CHAPTER WITH RESPECT TO USE AND
 OPERATION OF A SHORT-TERM RENTAL UNIT, SHALL BE SUBJECT TO A FINE OF NOT
 LESS THAN ONE THOUSAND DOLLARS AND NOT MORE THAN TWO THOUSAND DOLLARS.
 2. ANY INDIVIDUAL THAT OPERATES WITHOUT  REGISTERING  AS  REQUIRED  BY
 THIS  ARTICLE  SHALL  BE SUBJECT TO A FINE OF NOT LESS THAN ONE THOUSAND
 DOLLARS AND NOT MORE THAN TWO THOUSAND DOLLARS.
 3. ANY INDIVIDUAL WHO MAKES ANY FALSE, MISLEADING OR FRAUDULENT STATE
 MENT OR MISREPRESENTS ANY FACT ON THE REGISTRATION, OR USES  ANY  SCHEME
 FOR  THE  PURPOSE  OF  EVADING  ANY  PROVISION OF THIS ARTICLE, SHALL BE
 SUBJECT TO A FINE OF NOT LESS THAN ONE THOUSAND  DOLLARS  AND  NOT  MORE
 THAN TWO THOUSAND DOLLARS.
 

S  4.  Subparagraph  (a)  of  paragraph  8 of subdivision a of section
 27-2004 of the administrative code of the city of New York is amended by
 adding a new clause 3 to read as follows:

 (3) IN A CLASS A MULTIPLE DWELLING, THE USE  OF  A  SHORT-TERM  RENTAL
 UNIT  FOR  OCCUPANCY  OF FEWER THAN THIRTY CONSECUTIVE DAYS SHALL NOT BE
 INCONSISTENT WITH THE OCCUPANCY OF SUCH MULTIPLE DWELLING FOR  PERMANENT
 RESIDENCE PURPOSES IF:

 (A)  SUCH  DWELLING  UNIT  DOES  NOT  PROVIDE SINGLE ROOM OCCUPANCY AS
 DEFINED BY SUBDIVISION SEVENTEEN OF THIS SECTION;
 (B) SUCH DWELLING UNIT CONTAINS A BATHROOM AND A KITCHEN;
 (C) SUCH DWELLING UNIT PROVIDES FOR AN EVACUATION DIAGRAM  IDENTIFYING
 ALL  MEANS  OF  EGRESS FROM THE VACATION RENTAL UNIT AND THE BUILDING IN
 WHICH IT IS LOCATED. SUCH  EVACUATION  DIAGRAM  SHALL  BE  POSTED  IN  A
 CONSPICUOUS  PLACE  ON  THE INSIDE ENTRANCE DOOR OF EACH VACATION RENTAL
 UNIT;
 (D) SUCH DWELLING UNIT CONTAINS WORKING  SMOKE  DETECTORS  LOCATED  IN
 EACH ROOM OF THE UNIT;
 (E)  SUCH  DWELLING  UNIT  HAS  SUFFICIENT FIRE, HAZARD, AND LIABILITY
 INSURANCE TO COVER THOSE PERSONS USING THE UNIT FOR SUCH OCCUPANCY;
 (F) ALL COMPENSATION RECEIVED FOR RENT, OR FOR HIRE, FOR SUCH DWELLING
 UNIT, SHALL BE SUBJECT TO ALL APPROPRIATE TAXES AND FEES, INCLUDING, BUT
 NOT LIMITED TO, TAXES AND FEES IMPOSED BY  SECTIONS  1104,  1105,  1107,
 1109  OF  PART  TWO  OF ARTICLE TWENTY-EIGHT OF THE TAX LAW, AND SECTION
 11-702 OF CHAPTER SEVEN OF TITLE ELEVEN OF THE  ADMINISTRATIVE  CODE  OF
 THE CITY OF NEW YORK;
 (G)  SUCH DWELLING UNIT IS NOT CURRENTLY SUBJECT TO RENT CONTROL UNDER
 CHAPTER THREE OF TITLE TWENTY-SIX OF THE ADMINISTRATIVE CODE OF THE CITY
 OF NEW YORK OR RENT STABILIZATION UNDER CHAPTER FOUR OF TITLE TWENTY-SIX
 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, NOR DOES  THE  OWNER
 
       A. 10483--A                         4
 OF  THE CLASS A MULTIPLE DWELLING BUILDING IN WHICH THE UNIT IS LOCATED,
 RECEIVE A TAX EXEMPTION, CREDIT,  REDUCTION  OR  REFUND  PURSUANT  TO  A
 PUBLIC HOUSING OR AFFORDABLE HOUSING; AND
 (H)  THE OWNER OR LEASEHOLDER OF SUCH DWELLING UNIT IS REGISTERED WITH
 THE CITY IN ACCORDANCE WITH  THE  PROVISIONS  OF  ARTICLE  TWO  OF  THIS
 SUBCHAPTER EXCEPT WHERE SUCH UNIT IS PROVIDED AS A SHORT-TERM RENTAL FOR
 LESS  THAN  THIRTY  DAYS  PER  CALENDAR  YEAR.  SEPARATE REGISTRATION IS
 REQUIRED FOR EACH BUILDING THAT SUCH OWNER  OR  LEASEHOLDER  USES  AS  A
 SHORT-TERM RENTAL.
 PROVIDED FURTHER THAT IN CLASS A MULTIPLE DWELLINGS:

 (I)  WITH  FIVE TO TEN UNITS, NO MORE THAN FIFTY PERCENT MAY BE REGIS
 TERED AS SHORT-TERM RENTAL UNITS;
 (II) WITH ELEVEN TO TWENTY UNITS, NO MORE THAN FORTY-NINE PERCENT  MAY
 BE REGISTERED AS SHORT-TERM RENTAL UNITS; AND
 (III)  WITH  MORE  THAN  TWENTY UNITS, NO MORE THAN TEN PERCENT MAY BE
 REGISTERED AS SHORT-TERM RENTAL UNITS.
 

S 5. Subdivision a of section 27-2004 of the  administrative  code  of
 the  city  of New York is amended by adding a new paragraph 14-a to read
 as follows:

 14-A. "SHORT-TERM RENTAL UNIT" IS A CLASS  A  MULTIPLE  DWELLING  UNIT
 THAT  IS  AVAILABLE  FOR RENT, OR FOR HIRE, FOR LESS THAN THIRTY DAYS BY
 GUESTS.
 

S 6. Subchapter 1 of chapter 2 of title 27 of the administrative  code
 of  the city of New York is amended by adding a new article 2 to read as
 follows:

 ARTICLE 2
 SHORT-TERM RENTALS
 SECTION 27-2004.1 REGISTRATION REQUIRED.
 27-2004.2 REGISTRATION FEE.
 27-2004.3 STANDARD OF OPERATION.
 27-2004.4 VIOLATIONS.
 

S 27-2004.1 REGISTRATION REQUIRED. ANY INDIVIDUAL THAT OWNS OR  LEASES
 A SHORT-TERM RENTAL UNIT, AS DEFINED BY PARAGRAPH FOURTEEN-A OF SUBDIVI
 SION A OF SECTION 27-2004 OF THIS SUBCHAPTER, AND RENTS SUCH UNIT OUT TO
 GUESTS  FOR  FEWER  THAN  THIRTY CONSECUTIVE DAYS MUST REGISTER WITH THE
 CITY FOR EVERY BUILDING WHEREIN THE INDIVIDUAL HAS A  SHORT-TERM  RENTAL
 UNIT  OR  UNITS  LOCATED. THE REGISTRATION SHALL INCLUDE THE LOCATION OF
 THE VACATION RENTAL UNIT, THE TOTAL NUMBER OF  SLEEPING  ROOMS  AND  THE
 NAME AND ADDRESS OF A LOCAL CONTACT PERSON.
 

S  27-2004.2  REGISTRATION  FEE.  THE  REGISTRATION  FEE  SHALL BE TWO
 HUNDRED DOLLARS.
 

S 27-2004.3 STANDARD OF OPERATION. EACH REGISTRATION SHALL CONTAIN  AN
 ATTESTATION THAT THE INDIVIDUAL WILL COMPLY WITH A STANDARD OF OPERATION
 THAT INCLUDES:

 1.  GUEST REGISTRATION RECORDS FOR EACH UNIT MUST BE MAINTAINED, WHICH
 CONTAIN THE FOLLOWING INFORMATION ABOUT EACH GUEST:  THE  GUEST'S  NAME,
 ADDRESS,  AND  DATES OF ACCOMMODATION. THE REGISTRATION RECORDS SHALL BE
 KEPT ON FILE FOR THREE YEARS AND MADE AVAILABLE FOR INSPECTION.
 2. NO ILLEGAL ACTIVITY OR PUBLIC NUISANCE SHALL  BE  ALLOWED  TO  TAKE
 PLACE IN THE UNIT.
 3.  THE  MAXIMUM  NUMBER OF GUESTS IN A UNIT SHALL BE NO MORE THAN ONE
 PERSON PER ONE HUNDRED SQUARE FEET OF FLOOR AREA. THE OCCUPANCY  LIMITA
 TIONS SET FORTH IN THIS SUBDIVISION ARE ABSOLUTE MAXIMUMS, AND THE ACTU
 AL  ALLOWED  CAPACITY SHALL BE BASED ON THE APPLICABLE PROVISIONS OF THE
 BUILDING CODE.  NOTICE OF THESE REQUIREMENTS SHALL BE  PROVIDED  TO  ALL
 GUESTS.
 
       A. 10483--A                         5
 4.  THE  UNIT  SHALL  BE  CLEANED AND SANITIZED BETWEEN GUESTS AND ALL
 FOOD, BEVERAGES AND ALCOHOL SHALL BE THROWN OUT. ALL  DISHES,  UTENSILS,
 POTS,  PANS  AND  OTHER  COOKING UTENSILS SHALL BE CLEANED AND SANITIZED
 BETWEEN GUESTS.
 5.  THE  NAME  AND PHONE NUMBER OF A LOCAL CONTACT PERSON AND PROOF OF
 REGISTRATION SHALL BE POSTED IN A CONSPICUOUS PLACE NEAR THE ENTRANCE OF
 THE UNIT.
 6. WHERE A SHORT-TERM RENTAL UNIT HAS HAD AT LEAST  TWO  SUBSTANTIATED
 COMPLAINTS  ISSUED  ON  IT  WHICH  LED  TO  A  FINDING  OF  AT LEAST TWO
 VIOLATIONS OF THIS ARTICLE OR ARTICLE FOUR OF THE MULTIPLE DWELLING LAW,
 REGISTRATION OF THE UNIT, AND ANY OTHER SHORT-TERM RENTAL  UNITS  REGIS
 TERED BY THE INDIVIDUAL IN THE SAME BUILDING, SHALL BE REVOKED.
 

S  27-2004.4 VIOLATIONS. 1. ANY INDIVIDUAL WHO IS FOUND BY THE DEPART
 MENT TO HAVE VIOLATED ANY REQUIREMENTS OF CLAUSE THREE  OF  SUBPARAGRAPH
 (A) OF PARAGRAPH EIGHT OF SUBDIVISION A OF SECTION 27-2004 OF THIS CHAP
 TER WITH RESPECT TO USE AND OPERATION OF A SHORT-TERM RENTAL UNIT, SHALL
 BE  SUBJECT TO A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS AND NOT MORE
 THAN TWO THOUSAND DOLLARS.
 2. ANY INDIVIDUAL THAT OPERATES WITHOUT  REGISTERING  AS  REQUIRED  BY
 THIS  ARTICLE  SHALL  BE SUBJECT TO A FINE OF NOT LESS THAN ONE THOUSAND
 DOLLARS AND NOT MORE THAN TWO THOUSAND DOLLARS.
 3. ANY INDIVIDUAL WHO MAKES ANY FALSE, MISLEADING OR FRAUDULENT STATE
 MENT OR MISREPRESENTS ANY FACT ON THE REGISTRATION, OR USES  ANY  SCHEME
 FOR  THE  PURPOSE  OF  EVADING  ANY  PROVISION OF THIS ARTICLE, SHALL BE
 SUBJECT TO A FINE OF NOT LESS THAN ONE THOUSAND  DOLLARS  AND  NOT  MORE
 THAN TWO THOUSAND DOLLARS.
 

S 7. This act shall take effect immediately.

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