Requires short-term rental hosting platforms to require a short-term rental host to submit a license or permit where such host is offering a short-term rental in a municipality which requires such license or permit.
STATE OF NEW YORK
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8295
IN SENATE
May 8, 2020
___________
Introduced by Sen. KENNEDY -- 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 general business law, in relation to requiring host-
ing platforms to require a short-term rental host to submit a license
or permit where such host is offering a short-term rental in a munici-
pality which requires such license or permit
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new article
2 40 to read as follows:
3 ARTICLE 40
4 SHORT-TERM RENTALS
5 Section 900. Definitions.
6 901. Short-term rental license or permit requirements.
7 § 900. Definitions. For the purposes of this article, the following
8 terms shall have the following meanings:
9 1. "Dwelling" means any building or structure or portion thereof which
10 is occupied in whole or in part as the home, residence or sleeping place
11 of one or more human beings.
12 2. "Short-term rental unit" means an entire dwelling unit, or a room,
13 group of rooms, other living or sleeping space, or any other space, made
14 available for rent by guests for less than thirty consecutive days.
15 3. "Short-term rental host" means an owner or tenant of a short-term
16 rental unit who rents such unit to guests.
17 4. "Hosting platform" means a person or entity who, pursuant to an
18 agreement with a short-term rental host:
19 (a) provides a platform for compensation through which unaffiliated
20 third party short-term rental hosts can offer to rent short-term rental
21 units; and
22 (b) collects a fee in connection with either:
23 (i) providing the forum in which, or by means of which, the offer of
24 occupancy of a short-term rental unit is accepted; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16153-01-0
S. 8295 2
1 (ii) providing the forum in which a short-term rental host can list or
2 advertise space in a short-term rental unit.
3 § 901. Short-term rental license or permit requirements. A hosting
4 platform shall require a short-term rental host who operates a short-
5 term rental unit which is located in a municipality which requires a
6 license or permit to operate such short-term rental unit to submit a
7 copy of such license or permit prior to providing services to such
8 short-term rental host.
9 § 2. This act shall take effect on the thirtieth day after it shall
10 have become a law.
