Bill Text: NY S08295 | 2019-2020 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-05-08 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S08295 Detail]

Download: New_York-2019-S08295-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          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.
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