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.
Sponsor: GOLDEN
Law Section: Multiple Dwelling Law
Law: Amd S4, add Art 7-D SS288 - 291, Mult Dwell L; amd S27-2004, add Title 27 Chap 2 Subchap 1 Art 2 SS27-2004.1 - 27-2004.4, NYC Ad Cd
Co-sponsor(s):
GRISANTI
Law Section: Multiple Dwelling Law
Law: Amd S4, add Art 7-D SS288 - 291, Mult Dwell L; amd S27-2004, add Title 27 Chap 2 Subchap 1 Art 2 SS27-2004.1 - 27-2004.4, NYC Ad Cd
S4263B-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
S4263B-2011 Calendars
Floor Calendar: May 8, 2012 , Floor Calendar: May 9, 2012 , Floor Calendar: May 14, 2012 , Floor Calendar: May 15, 2012 , Floor Calendar: May 16, 2012 , Floor Calendar: May 21, 2012 , Floor Calendar: May 22, 2012 , Floor Calendar: May 23, 2012 , Floor Calendar: May 30, 2012 , Floor Calendar: May 31, 2012 , Floor Calendar: Jun 4, 2012 , Floor Calendar: Jun 5, 2012 , Floor Calendar: Jun 6, 2012 , Floor Calendar: Jun 11, 2012 , Floor Calendar: Jun 12, 2012 , Floor Calendar: Jun 13, 2012 , Floor Calendar: Jun 14, 2012 , Floor Calendar: Jun 18, 2012S4263B-2011 Votes
VOTE: COMMITTEE VOTE:
- Rules
- Jun 21, 2011
Ayes (14): Skelos, Alesi, Farley, Hannon, Johnson, Larkin, Libous, Marcellino, Maziarz, Nozzolio, Seward, Sampson, Dilan, Montgomery
Ayes W/R (6): LaValle, Saland, Breslin, Parker, Perkins, Smith
Nays (4): Duane, Hassell-Thompson, Krueger, Stewart-Cousins
VOTE: COMMITTEE VOTE:
- Housing, Construction and Community Development
- Jan 30, 2012
Ayes (5): Young, Bonacic, Gallivan, Ritchie, Diaz
Ayes W/R (2): Grisanti, Espaillat
Nays (1): Krueger
S4263B-2011 Memo
BILL NUMBER:S4263B 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 (less than 30 days). 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 is targeted to help a group of individuals that use certain class A multiple dwelling units on a short term basis, thereby providing tax revenue and tourism dollars to the state and city. Further, the regulatory paradigm created by this proposal would help tremendously with the enforcement issues surrounding illegal hotels. It would become extremely difficult for bad actors and large illegal hotels to operate under the requirements and registration process laid out in this legislation. SUMMARY OF PROVISIONS: Section 1 of the bill amends section 4 of the multiple dwelling law, adding requirements to certain short-term rental units in class A multiple dwellings. Such requirements include: o Not an SRO o Contain a bathroom and kitchen o Guests receive notice of evacuation diagram o Smoke detectors are located in each room o Sufficient liability insurance to cover guests (this is something to be more specific on) o Expressly carves out rent stabilized units/rent controlled and other subsidized housing o Specific occupancy/hotel taxes required o Registration required unless unit is used for less than 30 days per year o Further requirements on building size: * Building with 5-10 units, no more than 50% may be used as vacation rentals * Building with 11-20 units, no more than 49% may be used as vacation rentals * Building with 21+ units, no more than 10% may be used as vacation rentals Section 2 of the bill amends section 4 of the multiple dwelling law to add a new subdivision 15-a that would define "short-term rental unit". Section 3 of the bill would add a new article 7-D to the multiple dwelling law, creating a short-term rental registration process. Under the registration process, the individual would register with New York City Department of Buildings for a fee of $200 and attest to a standard of operation that guest registration records will be kept, no illegal activity or public nuisance will be permitted, occupancy limits will be followed, cleaning procedures will be conducted between guests, and the name of a local Contact person shall be provided to guests. Two complaints that lead to violations will automatically cause a revocation of the registration. Sections 4, 5 and 6 of the bill would amend the administrative code of the city of New York, adding the same language as in sections 1, 2 and 3 of the bill to section 27-2004 and a new article 2 to subchapter 1 of chapter 2 of title 27, and thereby, maintaining uniformity. JUSTIFICATION: Last year's law was written to encompass a greater universe than was intended. While it will attempt to phase out short-term SROs, it also is ridding New York State of a legitimate business model: short term rental units used by tourists, hospital patients and business guests. 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. These units should also not be confused with the illegal hotels hotels that often contain subdivided units and an excess-occupancy such that fire and safety codes are not complied with. Short-term rentals are a growing industry for travelers and the only way for the City to ensure the safety of guests and permanent residents alike is to properly regulate the industry. This legislation is written to expressly exclude rent stabilized and rent controlled units and to protect the public. While one can certainly find examples of municipalities and 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 immediately.
S4263B-2011 Text
S T A T E O F N E W Y O R K
________________________________________________________________________
4263--B
Cal. No. 129
2011-2012 Regular Sessions
I N SENATE
March 25, 2011
___________
Introduced by Sens. GOLDEN, GRISANTI -- 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 commit-
tee -- recommitted to the Committee on Housing, Construction and
Community Development in accordance with Senate Rule 6, sec. 8 --
reported favorably from said committee, ordered to first and second
report, ordered to a third reading, amended and ordered reprinted,
retaining its place in the order of third reading
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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10513-06-2
S. 4263--B 2
(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
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.
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,
S. 4263--B 3
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.
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 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
S. 4263--B 4
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
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.
S. 4263--B 5
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.
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.
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.
Permissions beyond the scope of this license are available at http://www.nysenate.gov/copyright-policy.
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that links to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.
Discuss!
blog comments powered by Disqus