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.

---

S4263-2011 Actions

• Jun 21, 2012: COMMITTED TO RULES
• Jun 18, 2012: AMENDED ON THIRD READING 4263C
• May 7, 2012: AMENDED ON THIRD READING 4263B
• Feb 6, 2012: ADVANCED TO THIRD READING
• Jan 31, 2012: 2ND REPORT CAL.
• Jan 30, 2012: 1ST REPORT CAL.129
• Jan 4, 2012: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
• Jun 24, 2011: RECOMMITTED TO RULES
• Jun 21, 2011: ORDERED TO THIRD READING CAL.1466
• Jun 21, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• May 20, 2011: PRINT NUMBER 4263A
• May 20, 2011: AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
• Mar 25, 2011: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

S4263-2011 Votes

S4263-2011 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.

S4263-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    4263

                         2011-2012 Regular Sessions

                              I N  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:


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD10513-02-1

 S. 4263                             2

    (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.