S T A T E O F N E W Y O R K
________________________________________________________________________
5433
2013-2014 Regular Sessions
I N S E N A T E
May 16, 2013
___________
Introduced by Sen. PARKER -- 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. The multiple dwelling law is amended by adding a new arti-
cle 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 THE UNIT USED AS A SHORT-TERM
RENTAL. THIS REGISTRATION REQUIREMENT DOES NOT APPLY TO THOSE UNITS
WHICH ARE PROVIDED AS SHORT-TERM RENTALS FOR LESS THAN THIRTY DAYS PER
CALENDAR YEAR. THE REGISTRATION SHALL INCLUDE THE LOCATION OF THE
SHORT-TERM RENTAL UNIT OR UNITS, THE TOTAL NUMBER OF SLEEPING ROOMS IN
THE UNIT OR UNITS, AND THE NAME AND ADDRESS OF A LOCAL CONTACT PERSON
FOR THE UNIT OR UNITS. IT SHALL BE UNLAWFUL FOR ANY INDIVIDUAL WHO OWNS
OR LEASES A SHORT-TERM RENTAL TO REGISTER MORE THAN THIRTY SHORT-TERM
RENTAL UNITS.
S 289. REGISTRATION FEE. THE REGISTRATION FEE SHALL BE TWO HUNDRED
DOLLARS PER UNIT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03081-02-3
S. 5433 2
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
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, REGISTRATION OF THE UNIT, AND ANY OTHER
SHORT-TERM RENTAL UNITS REGISTERED BY THE INDIVIDUAL IN THE SAME BUILD-
ING, SHALL BE REVOKED.
S 291. VIOLATIONS. 1. ANY INDIVIDUAL WHO IS FOUND BY THE DEPARTMENT TO
HAVE VIOLATED ANY REQUIREMENTS OF SUBPARAGRAPH FOUR OF PARAGRAPH A OF
SUBDIVISION 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 2. Paragraph a of subdivision 8 of section 4 of the multiple dwell-
ing law is amended by adding two new subparagraphs 3 and 4 to read as
follows:
(3) IN A CLASS A MULTIPLE DWELLING BUILDING OF FOUR OR LESS UNITS, THE
USE OF A 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 THE BUILDING IS OCCUPIED BY ITS OWNER.
(4) 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;
S. 5433 3
(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
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.
S 3. 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 4. 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 FOR EVERY
UNIT USED AS A SHORT-TERM RENTAL. THIS REGISTRATION REQUIREMENT DOES NOT
APPLY TO THOSE UNITS WHICH ARE PROVIDED AS SHORT-TERM RENTALS FOR LESS
THAN THIRTY DAYS PER CALENDAR YEAR. THE REGISTRATION SHALL INCLUDE THE
LOCATION OF THE SHORT-TERM RENTAL UNIT OR UNITS, THE TOTAL NUMBER OF
SLEEPING ROOMS IN THE UNIT OR UNITS, AND THE NAME AND ADDRESS OF A LOCAL
CONTACT PERSON FOR THE UNIT OR UNITS. IT SHALL BE UNLAWFUL FOR ANY INDI-
VIDUAL WHO OWNS OR LEASES A SHORT-TERM RENTAL TO REGISTER MORE THAN
THIRTY SHORT-TERM RENTAL UNITS.
S 27-2004.2 REGISTRATION FEE. THE REGISTRATION FEE SHALL BE TWO
HUNDRED DOLLARS PER UNIT.
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:
S. 5433 4
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.
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, REGISTRATION OF THE UNIT, AND ANY OTHER
SHORT-TERM RENTAL UNITS REGISTERED BY THE INDIVIDUAL IN THE SAME BUILD-
ING, 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 FOUR 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 5. 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 two new clauses 3 and 4 to read as follows:
(3) IN A CLASS A MULTIPLE DWELLING BUILDING OF FOUR OR LESS UNITS, THE
USE OF A 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 THE BUILDING IS OCCUPIED BY ITS OWNER.
(4) 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
S. 5433 5
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
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.
S 6. 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 7. This act shall take effect immediately.