New York State Assembly

 
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A08704 Summary:

A08704 Actions:

A08704 Committee Votes:

Committee:HOUSING   Chair:Wright      
DATE:05/17/2016AYE/NAY:18/8  Action: Favorable refer to committee Codes        
Wright
Aye
Fitzpatrick
Nay
Cook
Aye
Raia
Nay
Robinson
Aye
Friend
Nay
Rosenthal
Aye
Graf
Nay
Kavanagh
Aye
Johns
Nay
Kearns
Aye
Katz
Nay
Moya
Aye
Walter
Nay
Rodriguez
Excused
Castorina
Nay
Sepulveda
Aye
Mosley
Aye
Kim
Aye
Pichardo
Aye
Linares
Aye
Walker
Aye
Joyner
Aye
Blake
Aye
Dilan
Aye
Bichotte
Excused
Davila
Aye
Cancel
Aye

Committee:CODES   Chair:Lentol      
DATE:06/15/2016AYE/NAY:13/9  Action: Favorable refer to committee Rules        
Lentol
Nay
Graf
Nay
Schimminger
Nay
Giglio
Nay
Weinstein
Aye
McKevitt
Nay
Hevesi
Aye
Montesano
Nay
Wright
Aye
Ra
Nay
Pretlow
Aye
Tenney
Nay
Cook
Aye
Cymbrowitz
Aye
Titus
Aye
O'Donnell
Aye
Lavine
Nay
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye

Committee:RULES   Chair:Heastie      
DATE:06/16/2016AYE/NAY:28/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Tedisco
Aye
Lentol
Aye
Oaks
Aye
Farrell
Aye
Butler
Aye
Gantt
Aye
Crouch
Aye
Nolan
Aye
Finch
Excused
Weinstein
Aye
Barclay
Aye
Hooper
Aye
Raia
Aye
Ortiz
Aye
Duprey
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Wright
Excused
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Markey
Aye

A08704 Floor Votes:

A08704 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A8704C
 
SPONSOR: Rosenthal

 
TITLE OF BILL:
 
An act to amend the multiple dwelling law and the administrative code of
the city of New York, in relation to prohibiting advertising that
promotes the use of dwelling units in a class A multiple dwelling for
other than permanent residence purposes
 
 
PURPOSE:
 
To make unlawful advertising for the use or occupancy of dwelling units
in class A multiple dwellings for purposes other than permanent resi-
dence, to create civil penalties for violations of this prohibition, and
to define the term "advertise" in such context.
 
 
SUMMARY OF PROVISIONS:
 
Section one amends the Multiple Dwelling Law by adding a new section
121. It makes unlawful to advertise the occupancy or use of dwelling
units in a class A multiple dwelling for purposes other than permanent
residence. It also contains civil penalty of not more than $1,000 for
the first violation, $5,000 for the second violation, and $7,500 for the
third and subsequent violations. Section 1 also defines the term "adver-
tise" as any form of communication for marketing that is used to encour-
age, persuade or manipulate viewers, readers or listeners into contract-
ing for goods and/or services as may be viewed through various media
including but not limited to newspapers, magazines, flyers, handbills,
television commercials, radio, signage, direct mail, websites, and text
messages.
 
Section two amends subchapter three of chapter one of title twenty seven
of the Administrative Code of the City of New York by adding a new Arti-
cle 18. This section makes it unlawful to advertise the occupancy or use
of dwelling units in a class A multiple dwelling for other than perma-
nent residence, creates civil penalties based on the number of
violations of this prohibition, and defines the term "advertise".
 
Section three contains the effective date.
 
 
JUSTIFICATION:
 
It is illegal in New York City to occupy a class A multiple dwelling
unit for fewer than 30 days. The legal prohibition against transient
occupancy in these dwellings was instituted to ensure that all buildings
comply with fire, building and other safety codes relative to their
class. Safety codes for class A multiple dwelling are different than for
buildings allowing transient occupancy to ensure that specific classes
of occupants are best protected.
 
In 2010, in the face of an explosion of illegal hotel operators in
single room occupancy buildings in New York City, New York State clari-
fied and strengthened the laws regarding transient occupancy in class A
multiple dwellings. Now, with the proliferation of online home sharing
platforms that allow users to advertise their apartments for use that
directly violates New York State's "illegal hotels" law, the purpose of
the "illegal hotels" law is at risk of being undone.
 
While it is already illegal to occupy a class A multiple dwelling for
less than 30 days, this legislation would clarify that it also illegal
to advertise units for occupancy that would violate New York law. Howev-
er, online home sharing platforms still contain advertisements for use
of units that would violate New York law. It rests with the city and
state to protect communities and existing affordable housing stock by
prohibiting advertisements that violate the law, creating a civil penal-
ty structure for those who violate the prohibition, and clarifying
activities that constitute advertising.
 
 
LEGISLATIVE HISTORY:
 
New bill.

 
FISCAL IMPLICATIONS:
 
None.
 
 
EFFECTIVE DATE:
This act shall take effect immediately.

A08704 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8704--C
 
                   IN ASSEMBLY
 
                                    January 13, 2016
                                       ___________
 
        Introduced  by M. of A. ROSENTHAL, RICHARDSON, BRAUNSTEIN, MOYA, JOYNER,
          MARKEY, HEVESI, WRIGHT, GOLDFEDER,  SIMOTAS,  KIM,  DAVILA,  PICHARDO,
          CRESPO,  SEAWRIGHT, GLICK, BLAKE, RIVERA, COOK, MOSLEY, LINARES, BREN-
          NAN, COLTON, TITUS, WALKER -- Multi-Sponsored by -- M. of  A.  BARRON,
          FARRELL, ROBINSON, SIMON -- read once and referred to the Committee on
          Housing  --  committee  discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee -- again reported from  said
          committee  with amendments, ordered reprinted as amended and recommit-
          ted to said committee -- reported and referred  to  the  Committee  on
          Codes  --  committee  discharged,  bill  amended, ordered reprinted as
          amended and recommitted to said committee
 
        AN ACT to amend the multiple dwelling law and the administrative code of
          the city of New York, in  relation  to  prohibiting  advertising  that
          promotes  the use of dwelling units in a class A multiple dwelling for
          other than permanent residence purposes
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  multiple  dwelling  law  is  amended by adding a new
     2  section 121 to read as follows:
     3    § 121. Prohibiting advertising that promotes the use of dwelling units
     4  in a class A  multiple  dwelling  for  other  than  permanent  residence
     5  purposes.  1.  It  shall  be  unlawful  to advertise occupancy or use of
     6  dwelling units in a class A multiple dwelling for occupancy  that  would
     7  violate  subdivision  eight  of  section four of this chapter defining a
     8  "class A" multiple dwelling as a multiple dwelling that is occupied  for
     9  permanent residence purposes.
    10    2. Any person found to have violated the provisions of subdivision one
    11  of this section shall be liable for a civil penalty of not more than one
    12  thousand  dollars for the first violation, five thousand dollars for the
    13  second violation and seven thousand five hundred dollars for  the  third
    14  and subsequent violations.
    15    3.  For  the purposes of this section, the term "advertise" shall mean
    16  any form of communication for  marketing  that  is  used  to  encourage,
    17  persuade  or  manipulate  viewers, readers or listeners into contracting
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13144-08-6
        A. 8704--C                          2
 
     1  for goods and/or services as may be viewed through various media includ-
     2  ing, but not limited to, newspapers, magazines, flyers, handbills, tele-
     3  vision commercials,  radio,  signage,  direct  mail,  websites  or  text
     4  messages.
     5    4.  Notwithstanding  the  provisions of section three hundred three of
     6  this chapter, in a city with a population of one  million  or  more  the
     7  provisions  of  this  section shall be enforced by the mayor's office of
     8  special enforcement.
     9    § 2. Subchapter 3 of chapter 1 of title 27 of the administrative  code
    10  of the city of New York is amended by adding a new article 18 to read as
    11  follows:
    12                                 ARTICLE 18
    13               UNLAWFUL ADVERTISEMENT FOR CERTAIN OCCUPANCIES
    14    § 27-287.1 Unlawful advertisement for certain occupancies. 1. It shall
    15  be unlawful to advertise occupancy or use of dwelling units in a class A
    16  multiple  dwelling for occupancy that would violate subdivision eight of
    17  section four of the multiple dwelling law defining a "class A"  multiple
    18  dwelling as a multiple dwelling that is occupied for permanent residence
    19  purposes.
    20    2.    The  provisions of this section shall be enforced by the mayor's
    21  office of special enforcement.  Any person found to  have  violated  the
    22  provisions  of  subdivision  one  of  this section shall be liable for a
    23  civil penalty of not more  than  one  thousand  dollars  for  the  first
    24  violation,  five  thousand  dollars  for  the second violation and seven
    25  thousand five hundred dollars for the third and subsequent violations.
    26    3. For the purposes of this section the term  "advertise"  shall  mean
    27  any  form of communication, promotion or solicitation, including but not
    28  limited to direct mail, newspapers, magazines, flyers, handbills,  tele-
    29  vision commercials, radio, signage, direct mail, websites, text messages
    30  or  similar  displays, intended or used to induce, encourage or persuade
    31  the public to enter into a contract for goods and/or services.
    32    § 3. This act shall take effect immediately.