This bill has been amended

Bill S4263-2011

Relates to clarifying certain provisions relating to occupancy of class A multiple dwellings

Relates to clarifying certain provisions relating to occupancy of class A multiple dwellings; provides that use as a short-term rental for less than 30 days shall not disqualify a class A multiple dwelling as a permanent residence.

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  • Mar 25, 2011: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Memo

BILL NUMBER:S4263

TITLE OF BILL: 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

PURPOSE: The purpose of the bill is to provide an exemption for a specific class of good actors that rent certain class A multiple dwelling units on a short-term basis. The law passed last year (L. 2010, Ch. 225) was created in response to an on-going issue in New York City with single room occupancy (SRO) buildings being used as illegal hotels. This bill does not serve these types of illegal hotels, but rather helps those legitimate individuals that use certain units as vacation rentals, thereby providing tax revenue and tourism dollars to the state and city.

SUMMARY OF PROVISIONS: Section 1 of the bill amends section 4 of the multiple dwelling law, creating a use of a class A unit for vacation rental purposes, so long as such unit is not an SRO, contains a bathroom and a kitchen, has working smoke detectors in each room of the unit, and carries sufficient fire, hazard and liability insurance.

Section 2 of the bill amends section 4 of the multiple dwelling law to add a new subdivision 15-a that would define "vacation rental unit."

Section 3 and 4 of the bill would amend the administrative code of the city of New York, adding the same language as in sections 1 and 2 of the bill to section 27-2004 and thereby, maintaining uniformity.

JUSTIFICATION: Last year's law was written to encompass a greater universe than was intended. While it successfully phases out SROs, it also is ridding New York State of a legitimate business model: short term rental units. These short term units provide tax income to New York and tourism dollars to the areas in which they are located. They should not be confused with the small single room living spaces that are SROs, which often get associated with decrepitude, poor maintenance, and numerous building and health code violations. While one can certainly find examples of municipalities and a few states regulating short term rentals, it is a hard pressed task to find those which completely ban it. This legislation would help those individuals and small businesses that will no longer be able to operate because of this law.

LEGISLATIVE HISTORY: None.

FISCAL IMPACT ON THE STATE: None.

EFFECTIVE DATE:

This act shall take effect on the same date and in the same manner as section 8 of chapter 225 of the laws of 2010, as amended by section 3 of chapter 566 of the laws of 2010.


Text

STATE OF NEW YORK ________________________________________________________________________ 4263 2011-2012 Regular Sessions IN SENATE March 25, 2011 ___________
Introduced by Sen. GOLDEN -- 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 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 VACATION RENTAL UNIT FOR OCCUPANCY FOR FEWER THAN THIRTY CONSECUTIVE DAYS SHALL NOT BE INCON- SISTENT WITH THE OCCUPANCY OF SUCH MULTIPLE DWELLING FOR PERMANENT RESI- DENCE 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) WORKING SMOKE DETECTORS ARE LOCATED IN EACH ROOM OF THE UNIT; AND (D) THE DWELLING UNIT HAS SUFFICIENT FIRE, HAZARD, AND LIABILITY INSURANCE TO COVER THOSE PERSONS USING THE UNIT FOR SUCH OCCUPANCY. S 2. Section 4 of the multiple dwelling law is amended by adding a new subdivision 15-a to read as follows: 15-A. "VACATION RENTAL UNIT" IS A CLASS A MULTIPLE DWELLING UNIT THAT IS AVAILABLE FOR RENT, OR FOR HIRE, FOR LESS THAN THIRTY DAYS BY GUESTS. ALL COMPENSATION RECEIVED FOR RENT, OR FOR HIRE, SHALL BE TAXED APPRO- PRIATELY. S 3. 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 VACATION RENTAL UNIT FOR OCCUPANCY FOR FEWER THAN THIRTY CONSECUTIVE DAYS SHALL NOT BE INCON- SISTENT WITH THE OCCUPANCY OF SUCH MULTIPLE DWELLING FOR PERMANENT RESI- DENCE 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) WORKING SMOKE DETECTORS ARE LOCATED IN EACH ROOM OF THE UNIT; AND (D) THE DWELLING UNIT HAS SUFFICIENT FIRE, HAZARD, AND LIABILITY INSURANCE TO COVER THOSE PERSONS USING THE UNIT FOR SUCH OCCUPANCY. S 4. 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. VACATION RENTAL UNIT IS A CLASS A MULTIPLE DWELLING UNIT THAT IS AVAILABLE FOR RENT, OR FOR HIRE, FOR LESS THAN THIRTY DAYS BY GUESTS. ALL COMPENSATION RECEIVED FOR RENT, OR FOR HIRE, SHALL BE TAXED APPRO- PRIATELY. S 5. This act shall take effect on the same date and in the same manner as section 8 of chapter 225 of the laws of 2010, as amended, takes effect.

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