Bill Text: NY A01302 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires advertisements for certain accommodations to be submitted to designated enforcement agency.

Spectrum: Partisan Bill (Democrat 35-0)

Status: (Introduced) 2019-01-14 - referred to housing [A01302 Detail]

Download: New_York-2019-A01302-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1302
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced by M. of A. L. ROSENTHAL, MOSLEY, DE LA ROSA, DINOWITZ, GOTT-
          FRIED,  GLICK,  CARROLL,  SEAWRIGHT, COLTON, PICHARDO, D'URSO, HEVESI,
          WALKER, QUART, ABBATE, ORTIZ, BLAKE, DAVILA, BARNWELL,  PHEFFER AMATO,
          ABINANTI,   D. ROSENTHAL,  NIOU,  BICHOTTE,  RICHARDSON,  JEAN-PIERRE,
          M. G. MILLER, BRAUNSTEIN, WEPRIN, RIVERA, FERNANDEZ -- Multi-Sponsored
          by -- M. of A.  BUCHWALD, EPSTEIN, RAMOS, SOLAGES  --  read  once  and
          referred to the Committee on Housing
        AN ACT to amend the multiple dwelling law and the administrative code of
          the  city  of  New  York,  in relation to requiring advertisements for
          certain accommodations to be submitted to the  designated  enforcement
          agency
          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 15 to read as follows:
     3    §  15.  Advertisements for the use of dwelling units; required disclo-
     4  sures.  1. a. Any online platform offering  advertisement  for  accommo-
     5  dation in a New York dwelling for a period fewer than thirty consecutive
     6  days  shall include in its terms of service a clause requiring all users
     7  of any online platform to consent to the disclosure of information list-
     8  ed in this section to  the  department.  Any  online  platform  offering
     9  advertisement for accommodation in a dwelling for a period of fewer than
    10  thirty  consecutive  days  shall submit the following information to the
    11  department before such advertisement is permitted to be listed  on  such
    12  platform:
    13    (i)  the  exact physical address of the dwelling, including the street
    14  name, street number, apartment number, borough, town and county;
    15    (ii) the full legal name of the person offering accommodation in  such
    16  dwelling;
    17    (iii) contact information including phone number and email address for
    18  the local host or co-host for such dwelling;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02150-01-9

        A. 1302                             2
     1    (iv)  the  category  of  the  dwelling as either a private dwelling as
     2  defined in subdivision six of section four  of  this  chapter,  class  A
     3  multiple  dwelling  as  defined  in subdivision eight of section four of
     4  this article or class B multiple dwelling as defined in subdivision nine
     5  of section four of this chapter;
     6    (v) whether the dwelling is covered by a rent control, rent stabiliza-
     7  tion or affordable housing program and if so, the name of such program;
     8    (vi) whether the entire dwelling or just a portion of such dwelling is
     9  made available under the listing being advertised; and
    10    (vii) whether the dwelling is the primary residence of the host.
    11    b.  The  manner  of  the  submissions  required by paragraph a of this
    12  subdivision shall be determined by the department.
    13    2. Any person found to have violated the provisions of subdivision one
    14  of this section shall be liable for a civil penalty of not more than one
    15  thousand dollars for the first violation, five thousand dollars for  the
    16  second  violation  and seven thousand five hundred dollars for the third
    17  and subsequent violations.
    18    3. For the purposes of this section, the  term  "advertisement"  shall
    19  mean  any form of communication for marketing that is used to encourage,
    20  persuade or manipulate viewers, readers or  listeners  into  contracting
    21  for goods and/or services as may be viewed through various media includ-
    22  ing, but not limited to, newspapers, magazines, fliers, handbills, tele-
    23  vision  commercials,  radio,  signage,  direct  mail,  websites  or text
    24  messages.
    25    4. Notwithstanding the provisions of section three  hundred  three  of
    26  this  chapter,  in  a  city with a population of one million or more the
    27  provisions of this section shall be enforced by the  mayor's  office  of
    28  special enforcement.
    29    5.  This section shall not apply to advertisements or offers for occu-
    30  pancy of such dwelling unit for fewer than thirty  consecutive  days  by
    31  other natural persons living within the household of the permanent occu-
    32  pant  such  as  house  guests  or lawful boarders, roomers or lodgers or
    33  incidental and occasional occupancy of such dwelling unit for fewer than
    34  thirty consecutive days by other  natural  persons  when  the  permanent
    35  occupants  are  temporarily absent for personal reasons such as vacation
    36  or medical treatment, provided that there is  no  monetary  compensation
    37  paid to the permanent occupants for such occupancy.
    38    §  2. Subchapter 3 of chapter 1 of title 27 of the administrative code
    39  of the city of New York is amended by adding a new article 19 to read as
    40  follows:
    41                                 ARTICLE 19
    42                         ADVERTISEMENTS FOR CERTAIN
    43                               ACCOMMODATIONS
    44    § 27-287.5 Advertisements for  certain  accommodations.    1.  a.  Any
    45  online  platform  offering advertisement for accommodation in a New York
    46  dwelling for a period fewer than thirty consecutive days  shall  include
    47  in its terms of service a clause requiring all users of any online plat-
    48  form  to  consent to the disclosure of information to the mayor's office
    49  of special enforcement.  Any online platform offering advertisement  for
    50  accommodation  in  a  dwelling for a period of fewer than thirty consec-
    51  utive days shall submit the following information to the  office  before
    52  such advertisement is permitted to be listed on such platform:
    53    (i)  the  exact physical address of the dwelling, including the street
    54  name, street number, apartment number, borough, town and county;
    55    (ii) the full legal name of the person offering accommodation in  such
    56  dwelling;

        A. 1302                             3
     1    (iii) contact information including phone number and email address for
     2  the local host or co-host for such dwelling;
     3    (iv)  the  category  of  the  dwelling as either a private dwelling as
     4  defined in subdivision six of section four of the multiple dwelling law,
     5  class A multiple dwelling as defined in  subdivision  eight  of  section
     6  four  of  the  multiple  dwelling  law  or  class B multiple dwelling as
     7  defined in subdivision nine of section four  of  the  multiple  dwelling
     8  law;
     9    (v) whether the dwelling is covered by a rent control, rent stabiliza-
    10  tion or affordable housing program and if so, the name of such program;
    11    (vi) whether the entire dwelling or just a portion of such dwelling is
    12  made available under the listing being advertised; and
    13    (vii) whether the dwelling is the primary residence of the host.
    14    b.  The  manner  of  the  submissions  required by paragraph a of this
    15  subdivision shall  be  determined  by  the  mayor's  office  of  special
    16  enforcement.
    17    2.  This section shall not apply to advertisements or offers for occu-
    18  pancy of such dwelling unit for fewer than thirty  consecutive  days  by
    19  other natural persons living within the household of the permanent occu-
    20  pant  such  as  house  guests  or lawful boarders, roomers or lodgers or
    21  incidental and occasional occupancy of such dwelling unit for fewer than
    22  thirty consecutive days by other  natural  persons  when  the  permanent
    23  occupants  are  temporarily absent for personal reasons such as vacation
    24  or medical treatment, provided that there is  no  monetary  compensation
    25  paid to the permanent occupants for such occupancy.
    26    §  3.  This  act  shall take effect on the sixtieth day after it shall
    27  have become a law; provided, however, that  immediately,  the  addition,
    28  amendment  and/or  repeal  of  any  rule or regulation necessary for the
    29  implementation of this act on its  effective  date  are  authorized  and
    30  directed to be made and completed on or before such effective date.
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