Bill Text: NY S04216 | 2023-2024 | General Assembly | Introduced


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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S04216 Detail]

Download: New_York-2023-S04216-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          4216

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 6, 2023
                                       ___________

        Introduced  by  Sen.  LANZA  -- 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 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;
    19    (iv)  the  category  of  the  dwelling as either a private dwelling as
    20  defined in subdivision six of section four  of  this  chapter,  class  A
    21  multiple  dwelling  as  defined  in subdivision eight of section four of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00984-01-3

        S. 4216                             2

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

        S. 4216                             3

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