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
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.
STATE OF NEW YORK
________________________________________________________________________
10483--C
IN ASSEMBLY
May 29, 2012
___________
Introduced by M. of A. BROOK-KRASNY -- 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 recommitted to said committee -- again reported from said
committee with amendments, ordered reprinted as amended and recommit-
ted to said committee
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:
1 Section 1. The multiple dwelling law is amended by adding a new arti-
2 cle 7-D to read as follows:
3 ARTICLE 7-D
4 SHORT-TERM RENTALS
5 Section 288. Registration required.
6 289. Registration fee.
7 290. Standard of operation.
8 291. Violations.
9 § 288. Registration required. Any individual that owns or leases a
10 short-term rental unit, as defined by subdivision fifteen-a of section
11 four of this chapter, and rents such unit out to guests for fewer than
12 thirty consecutive days must register the unit used as a short-term
13 rental. This registration requirement does not apply to those units
14 which are provided as short-term rentals for less than thirty days per
15 calendar year. The registration shall include the location of the short-
16 term rental unit or units, the total number of sleeping rooms in the
17 unit or units, and the name and address of a local contact person for
18 the unit or units. It shall be unlawful for any individual who owns or
19 leases a short-term rental to register more than thirty short-term
20 rental units.
21 § 289. Registration fee. The registration fee shall be two hundred
22 dollars per unit.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10513-13-2
A. 10483--C 2
1 § 290. Standard of operation. Each registration shall contain an
2 attestation that the individual will comply with a standard of operation
3 that includes:
4 1. Guest registration records for each unit must be maintained, which
5 contain the following information about each guest: the guest's name,
6 address, and dates of accommodation. The registration records shall be
7 kept on file for three years and made available for inspection.
8 2. No illegal activity or public nuisance shall be allowed to take
9 place in the unit.
10 3. The maximum number of guests in a unit shall be no more than one
11 person per one hundred square feet of floor area. The occupancy limita-
12 tions set forth in this subdivision are absolute maximums, and the actu-
13 al allowed capacity shall be based on the applicable provisions of the
14 building code. Notice of these requirements shall be provided to all
15 guests.
16 4. The unit shall be cleaned and sanitized between guests and all
17 perishable food, beverages and alcohol shall be thrown out. All dishes,
18 utensils, pots, pans and other cooking utensils shall be cleaned and
19 sanitized between guests.
20 5. The name and phone number of a local contact person and proof of
21 registration shall be posted in a conspicuous place near the entrance of
22 the unit.
23 6. Where a short-term rental unit has had at least two substantiated
24 complaints issued on it which led to a finding of at least two
25 violations of this article, registration of the unit, and any other
26 short-term rental units registered by the individual in the same build-
27 ing, shall be revoked.
28 § 291. Violations. 1. Any individual who is found by the department to
29 have violated any requirements of subparagraph four of paragraph a of
30 subdivision eight of section four of this chapter with respect to use
31 and operation of a short-term rental unit, shall be subject to a fine of
32 not less than one thousand dollars and not more than two thousand
33 dollars.
34 2. Any individual that operates without registering as required by
35 this article shall be subject to a fine of not less than one thousand
36 dollars and not more than two thousand dollars.
37 3. Any individual who makes any false, misleading or fraudulent state-
38 ment or misrepresents any fact on the registration, or uses any scheme
39 for the purpose of evading any provision of this article, shall be
40 subject to a fine of not less than one thousand dollars and not more
41 than two thousand dollars.
42 § 2. Paragraph a of subdivision 8 of section 4 of the multiple dwell-
43 ing law is amended by adding two new subparagraphs 3 and 4 to read as
44 follows:
45 (3) In a class A multiple dwelling building of four or less units, the
46 use of a unit for occupancy of fewer than thirty consecutive days shall
47 not be inconsistent with the occupancy of such multiple dwelling for
48 permanent residence purposes if the building is occupied by its owner.
49 (4) In a class A multiple dwelling, the use of a short-term rental
50 unit for occupancy of fewer than thirty consecutive days shall not be
51 inconsistent with the occupancy of such multiple dwelling for permanent
52 residence purposes if:
53 (A) such dwelling unit does not provide single room occupancy as
54 defined by subdivision sixteen of this section;
55 (B) such dwelling unit contains a bathroom and a kitchen;
A. 10483--C 3
1 (C) such dwelling unit provides for an evacuation diagram identifying
2 all means of egress from the vacation rental unit and the building in
3 which it is located. Such evacuation diagram shall be posted in a
4 conspicuous place on the inside entrance door of each vacation rental
5 unit;
6 (D) such dwelling unit contains working smoke detectors located in
7 each room of the unit;
8 (E) such dwelling unit has sufficient fire, hazard, and liability
9 insurance to cover those persons using the unit for such occupancy;
10 (F) all compensation received for rent, or for hire, for such dwelling
11 unit, shall be subject to all appropriate taxes and fees, including, but
12 not limited to, taxes and fees imposed by sections 1104, 1105, 1107 and
13 1109 of the tax law, and section 11-702 of the administrative code of
14 the city of New York;
15 (G) such dwelling unit is not currently subject to rent control under
16 chapter three of title twenty-six of the administrative code of the city
17 of New York or rent stabilization under chapter four of title twenty-six
18 of the administrative code of the city of New York, nor does the owner
19 of the class A multiple dwelling building in which the unit is located,
20 receive a tax exemption, credit, reduction or refund pursuant to a
21 public housing or affordable housing; and
22 (H) the owner or leaseholder of such dwelling unit is registered with
23 the city in accordance with the provisions of article seven-D of this
24 chapter except where such unit is provided as a short-term rental for
25 less than thirty days per calendar year.
26 § 3. Section 4 of the multiple dwelling law is amended by adding a new
27 subdivision 15-a to read as follows:
28 15-a. "Short-term rental unit" is a class A multiple dwelling unit
29 that is available for rent, or for hire, for less than thirty days by
30 guests.
31 § 4. Subchapter 1 of chapter 2 of title 27 of the administrative code
32 of the city of New York is amended by adding a new article 2 to read as
33 follows:
34 ARTICLE 2
35 SHORT-TERM RENTALS
36 Section 27-2004.1 Registration required.
37 27-2004.2 Registration fee.
38 27-2004.3 Standard of operation.
39 27-2004.4 Violations.
40 § 27-2004.1 Registration required. Any individual that owns or leases
41 a short-term rental unit, as defined by paragraph fourteen-a of subdivi-
42 sion a of section 27-2004 of this subchapter, and rents such unit out to
43 guests for fewer than thirty consecutive days must register for every
44 unit used as a short-term rental. This registration requirement does not
45 apply to those units which are provided as short-term rentals for less
46 than thirty days per calendar year. The registration shall include the
47 location of the short-term rental unit or units, the total number of
48 sleeping rooms in the unit or units, and the name and address of a local
49 contact person for the unit or units. It shall be unlawful for any indi-
50 vidual who owns or leases a short-term rental to register more than
51 thirty short-term rental units.
52 § 27-2004.2 Registration fee. The registration fee shall be two
53 hundred dollars per unit.
54 § 27-2004.3 Standard of operation. Each registration shall contain an
55 attestation that the individual will comply with a standard of operation
56 that includes:
A. 10483--C 4
1 1. Guest registration records for each unit must be maintained, which
2 contain the following information about each guest: the guest's name,
3 address, and dates of accommodation. The registration records shall be
4 kept on file for three years and made available for inspection.
5 2. No illegal activity or public nuisance shall be allowed to take
6 place in the unit.
7 3. The maximum number of guests in a unit shall be no more than one
8 person per one hundred square feet of floor area. The occupancy limita-
9 tions set forth in this subdivision are absolute maximums, and the actu-
10 al allowed capacity shall be based on the applicable provisions of the
11 building code. Notice of these requirements shall be provided to all
12 guests.
13 4. The unit shall be cleaned and sanitized between guests and all
14 perishable food, beverages and alcohol shall be thrown out. All dishes,
15 utensils, pots, pans and other cooking utensils shall be cleaned and
16 sanitized between guests.
17 5. The name and phone number of a local contact person and proof of
18 registration shall be posted in a conspicuous place near the entrance of
19 the unit.
20 6. Where a short-term rental unit has had at least two substantiated
21 complaints issued on it which led to a finding of at least two
22 violations of this article, registration of the unit, and any other
23 short-term rental units registered by the individual in the same build-
24 ing, shall be revoked.
25 § 27-2004.4 Violations. 1. Any individual who is found by the depart-
26 ment to have violated any requirements of clause four of subparagraph
27 (a) of paragraph eight of subdivision a of section 27-2004 of this chap-
28 ter with respect to use and operation of a short-term rental unit, shall
29 be subject to a fine of not less than one thousand dollars and not more
30 than two thousand dollars.
31 2. Any individual that operates without registering as required by
32 this article shall be subject to a fine of not less than one thousand
33 dollars and not more than two thousand dollars.
34 3. Any individual who makes any false, misleading or fraudulent state-
35 ment or misrepresents any fact on the registration, or uses any scheme
36 for the purpose of evading any provision of this article, shall be
37 subject to a fine of not less than one thousand dollars and not more
38 than two thousand dollars.
39 § 5. Subparagraph (a) of paragraph 8 of subdivision a of section
40 27-2004 of the administrative code of the city of New York is amended by
41 adding two new clauses 3 and 4 to read as follows:
42 (3) In a class A multiple dwelling building of four or less units, the
43 use of a unit for occupancy of fewer than thirty consecutive days shall
44 not be inconsistent with the occupancy of such multiple dwelling for
45 permanent residence purposes if the building is occupied by its owner.
46 (4) In a class A multiple dwelling, the use of a short-term rental
47 unit for occupancy of fewer than thirty consecutive days shall not be
48 inconsistent with the occupancy of such multiple dwelling for permanent
49 residence purposes if:
50 (A) such dwelling unit does not provide single room occupancy as
51 defined by subdivision seventeen of this section;
52 (B) such dwelling unit contains a bathroom and a kitchen;
53 (C) such dwelling unit provides for an evacuation diagram identifying
54 all means of egress from the vacation rental unit and the building in
55 which it is located. Such evacuation diagram shall be posted in a
A. 10483--C 5
1 conspicuous place on the inside entrance door of each vacation rental
2 unit;
3 (D) such dwelling unit contains working smoke detectors located in
4 each room of the unit;
5 (E) such dwelling unit has sufficient fire, hazard, and liability
6 insurance to cover those persons using the unit for such occupancy;
7 (F) all compensation received for rent, or for hire, for such dwelling
8 unit, shall be subject to all appropriate taxes and fees, including, but
9 not limited to, taxes and fees imposed by sections 1104, 1105, 1107,
10 1109 of part two of article twenty-eight of the tax law, and section
11 11-702 of chapter seven of title eleven of the administrative code of
12 the city of New York;
13 (G) such dwelling unit is not currently subject to rent control under
14 chapter three of title twenty-six of the administrative code of the city
15 of New York or rent stabilization under chapter four of title twenty-six
16 of the administrative code of the city of New York, nor does the owner
17 of the class A multiple dwelling building in which the unit is located,
18 receive a tax exemption, credit, reduction or refund pursuant to a
19 public housing or affordable housing; and
20 (H) the owner or leaseholder of such dwelling unit is registered with
21 the city in accordance with the provisions of article two of this
22 subchapter except where such unit is provided as a short-term rental for
23 less than thirty days per calendar year.
24 § 6. Subdivision a of section 27-2004 of the administrative code of
25 the city of New York is amended by adding a new paragraph 14-a to read
26 as follows:
27 14-a. Short-term rental unit is a class A multiple dwelling unit that
28 is available for rent, or for hire, for less than thirty days by guests.
29 § 7. This act shall take effect immediately.
