Amends the definition of "class A multiple dwelling" so as to authorize tenants of such a dwelling unit to sublease it for a period of less than 30 days.
TITLE OF BILL: An act to amend the multiple dwelling law, in relation to the definition of a "class A multiple dwelling"
To provide an exemption for primary and secondary residences that rent certain class A multiple dwelling units on a short-term basis. The law passed in 2010 (Ch. 225) was created in response to .a growing 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 individuals that rent out their own units to help make ends meet and earn extra income.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends subdivision 8 of section 4 of the multiple dwelling law, adding an additional exemption to incidental and occasional occupancy of dwelling units, provided that this occupancy is in either the primary or secondary residence of the permanent occupant.
The 2010 law was written to address a problem of entire buildings being turned into illegal hotels, but was not intended to target individuals who rented out their apartments occasionally. As a result, it has denied citizens of New York City the opportunity to rent out their extra space when they are out of town to help make ends meet. Individuals who rent out their apartments occasionally are able to.use this money to help pay their rent, mortgage, medical bills, and other expenses. In addition, visitors who use this method of lodging bring additional economic activity to neighborhoods that would otherwise not see this business. Two-thirds of all New York City hotels are located in Mid-town Manhattan, yet the majority of this activity occurs outside of this area in Manhattan, and in the four outer boroughs. Visitors use these lodging options for a variety of reasons including visiting family members who live in the outer boroughs and to get a feel for the local flavor and vibrancy of neighborhoods throughout New York City. This legislation would bring exponential economic benefits to both New York City's residents and its visitors.
This is a new bill
FISCAL IMPACT IN THE STATE:
To be determined
This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5637 2013-2014 Regular Sessions IN SENATE May 30, 2013 ___________Introduced by Sen. SAVINO -- 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, in relation to the definition of a "class A multiple dwelling" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph and subparagraph 1 of paragraph a of subdivision 8 of section 4 of the multiple dwelling law, as amended by chapter 225 of the laws of 2010, are amended to read as follows: A "class
[A"]A multiple [dwelling]DWELLING" is a multiple dwelling that is occupied for permanent residence purposes. This class shall include tenements, flat houses, maisonette apartments, apartment houses, apartment hotels, bachelor apartments, studio apartments, duplex apart- ments, kitchenette apartments, garden-type maisonette dwelling projects, and all other multiple dwellings except class B multiple dwellings. A class A multiple dwelling shall only be used for permanent residence purposes. For the purposes of this definition, "permanent residence purposes" shall consist of occupancy of a CLASS A dwelling unit by the same natural person or family for thirty consecutive days or more and a person or family so occupying a dwelling unit shall be referred to here- in as the permanent occupants of such dwelling unit. The following uses of a dwelling unit by the permanent occupants thereof shall not be deemed to be inconsistent with the occupancy of such dwelling unit for permanent residence purposes: (1) (A) occupancy of such dwelling unit for fewer than thirty consec- utive days by other natural persons living within the household of the permanent occupant such as house guests or lawful boarders, roomers or lodgers; [or](B) incidental and occasional occupancy of such dwelling unit for fewer than thirty consecutive days by other natural persons when theEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11034-01-3 S. 5637 2
permanent occupants are temporarily absent for personal reasons such as vacation or medical treatment, provided that there is no monetary compensation paid to the permanent occupants for such occupancy
[.]; OR (C) INCIDENTAL AND OCCASIONAL OCCUPANCY OF SUCH DWELLING UNIT FOR FEWER THAN THIRTY CONSECUTIVE DAYS BY OTHER NATURAL PERSONS WHEN THE PERMANENT OCCUPANTS ARE TEMPORARILY ABSENT, PROVIDED THAT THE OCCUPANCY IS IN EITHER THE PRIMARY OR SECONDARY RESIDENCE OF THE PERMANENT OCCU- PANT. S 2. This act shall take effect immediately.