S T A T E O F N E W Y O R K ________________________________________________________________________ 10483--C I N A S S E M B L Y 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 S 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 16 SHORT-TERM RENTAL UNIT OR UNITS, THE TOTAL NUMBER OF SLEEPING ROOMS IN 17 THE UNIT OR UNITS, AND THE NAME AND ADDRESS OF A LOCAL CONTACT PERSON 18 FOR THE UNIT OR UNITS. IT SHALL BE UNLAWFUL FOR ANY INDIVIDUAL WHO OWNS 19 OR LEASES A SHORT-TERM RENTAL TO REGISTER MORE THAN THIRTY SHORT-TERM 20 RENTAL UNITS. 21 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 27-2004.2 REGISTRATION FEE. THE REGISTRATION FEE SHALL BE TWO 53 HUNDRED DOLLARS PER UNIT. 54 S 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 S 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 S 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 S 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 S 7. This act shall take effect immediately.