S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5773
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 15, 2017
                                ___________
 
 Introduced  by  M.  of  A.  CYMBROWITZ  -- 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  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:
 
   Section 1. Paragraph a of subdivision 8 of section 4 of  the  multiple
 dwelling  law  is  amended  by  adding  a  new subparagraph 3 to read as
 follows:
   (3) IN A CLASS A MULTIPLE DWELLING, THE USE  OF  A  SHORT-TERM  RENTAL
 UNIT  FOR  OCCUPANCY  OF FEWER THAN THIRTY CONSECUTIVE DAYS SHALL NOT BE
 INCONSISTENT WITH THE OCCUPANCY OF SUCH MULTIPLE DWELLING FOR  PERMANENT
 RESIDENCE PURPOSES IF:
   (A)  SUCH  DWELLING  UNIT  DOES  NOT  PROVIDE SINGLE ROOM OCCUPANCY AS
 DEFINED BY SUBDIVISION SIXTEEN OF THIS SECTION;
   (B) SUCH DWELLING UNIT CONTAINS A BATHROOM AND A  KITCHEN  NOT  SHARED
 WITH ANOTHER UNIT;
   (C)  SUCH DWELLING UNIT PROVIDES FOR AN EVACUATION DIAGRAM IDENTIFYING
 ALL MEANS OF EGRESS FROM THE SHORT-TERM RENTAL UNIT AND THE BUILDING  IN
 WHICH  IT  IS  LOCATED.  SUCH  EVACUATION  DIAGRAM  SHALL BE POSTED IN A
 CONSPICUOUS PLACE ON THE INSIDE ENTRANCE DOOR OF EACH SHORT-TERM  RENTAL
 UNIT;
   (D)  SUCH DWELLING UNIT CONTAINS WORKING SMOKE DETECTORS IN ACCORDANCE
 WITH LOCAL FIRE CODE;
   (E) SUCH DWELLING UNIT HAS  SUFFICIENT  FIRE,  HAZARD,  AND  LIABILITY
 INSURANCE TO COVER THOSE PERSONS USING THE UNIT FOR SUCH OCCUPANCY;
   (F) ALL COMPENSATION RECEIVED FOR RENT, OR FOR HIRE, FOR SUCH DWELLING
 UNIT, SHALL BE SUBJECT TO ALL APPROPRIATE TAXES AND FEES, INCLUDING, BUT
 NOT  LIMITED TO, TAXES AND FEES IMPOSED BY SECTIONS ELEVEN HUNDRED FOUR,
 ELEVEN  HUNDRED FIVE, ELEVEN HUNDRED SEVEN AND ELEVEN  HUNDRED  NINE  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09724-01-7

 A. 5773                             2
 
 THE  TAX  LAW, AND SECTION 11-702 OF THE ADMINISTRATIVE CODE OF THE CITY
 OF NEW YORK; AND
   (G)  SUCH  UNIT  IS  REGISTERED  WITH  THE CITY IN ACCORDANCE WITH THE
 PROVISIONS OF ARTICLE SEVEN-D OF THIS CHAPTER, UNLESS IT IS  USED  AS  A
 SHORT-TERM RENTAL UNIT LESS THAN THIRTY DAYS PER CALENDAR YEAR.
   (H)  PROVIDED  FURTHER  THAT  IN  NON  OWNER-OCCUPIED BUILDINGS, FIFTY
 PERCENT OR LESS OF THE TOTAL  UNITS  MAY  BE  REGISTERED  AS  SHORT-TERM
 RENTAL UNITS.
   § 2. Section 4 of the multiple dwelling law is amended by adding a new
 subdivision 15-a to read as follows:
   15-A.  "SHORT-TERM  RENTAL  UNIT"  IS A CLASS A MULTIPLE DWELLING UNIT
 THAT IS AVAILABLE FOR RENT, OR FOR HIRE, FOR LESS THAN  THIRTY  DAYS  BY
 GUESTS.
   §  3. The multiple dwelling law is amended by adding a new article 7-D
 to read as follows:
                                ARTICLE 7-D
                            SHORT-TERM RENTALS
 SECTION 288. REGISTRATION REQUIRED.
         289. REGISTRATION FEE.
         290. VIOLATIONS.
         291. REGULATIONS.
   § 288. REGISTRATION REQUIRED. ANY INDIVIDUAL THAT  OPERATES  A  SHORT-
 TERM RENTAL UNIT, AS DEFINED BY SUBDIVISION FIFTEEN-A OF SECTION FOUR OF
 THIS CHAPTER, MUST BE REGISTERED WITH THE DEPARTMENT. EACH UNIT OPERATED
 BY  THE  INDIVIDUAL SHALL HAVE A REGISTRATION IDENTIFICATION NUMBER. THE
 REGISTRATION SHALL INCLUDE THE LOCATION OF THE UNIT.
   § 289. REGISTRATION FEE. THE REGISTRATION FEE SHALL  BE  FIVE  HUNDRED
 DOLLARS  PER UNIT, ALL OF WHICH SHALL BE DEDICATED TO THE DIVISION, UNIT
 OR SPECIAL TASK FORCE IN CHARGE OF ENFORCING THIS ARTICLE, AS DETERMINED
 BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.
   § 290. VIOLATIONS. WHEN THE USE OF A SHORT-TERM RENTAL UNIT IS  DETER-
 MINED  TO  NOT  COMPLY  WITH  ANY REQUIREMENTS SET FORTH IN SUBPARAGRAPH
 THREE OF PARAGRAPH A OF SUBDIVISION EIGHT OF SECTION FOUR OF THIS  CHAP-
 TER, THE INDIVIDUAL WHO REGISTERED THE UNIT AS REQUIRED BY THIS ARTICLE,
 SHALL  BE  IN VIOLATION OF THE REGISTRATION AND SUBJECT TO A FINE OF NOT
 LESS THAN ONE THOUSAND DOLLARS AND NOT MORE THAN TWO  THOUSAND  DOLLARS.
 IF AN INDIVIDUAL COMMITS THREE VIOLATIONS IN A SINGLE UNIT, THE INDIVID-
 UAL'S REGISTRATION OF SUCH UNIT SHALL BE REVOKED PERMANENTLY. SUCH INDI-
 VIDUAL  SHALL  BE  AFFORDED THE OPPORTUNITY TO APPEAL SUCH REVOCATION IN
 ACCORDANCE WITH REGULATIONS AND PROCEDURES ADOPTED BY THE CITY.
   § 291. REGULATIONS. THE DIVISION  OF  HOUSING  AND  COMMUNITY  RENEWAL
 SHALL  PROMULGATE REGULATIONS TO DEAL WITH THE REGISTRATION AND ENFORCE-
 MENT OF SHORT-TERM RENTAL UNITS, INCLUDING INSPECTION AND  AUDIT  PROCE-
 DURES  CONCERNING ALL REGISTERED UNITS. SUCH REGULATIONS MAY ALSO CREATE
 A PUBLIC REGISTRY OF ALL SHORT-TERM RENTAL UNITS SO THAT THE  PUBLIC  IS
 AWARE OF THOSE UNITS IN GOOD STANDING.
   §  4.  Subparagraph  (a)  of  paragraph  8 of subdivision a of section
 27-2004 of the administrative code of the city of New York is amended by
 adding a new clause 3 to read as follows:
   (3) IN A CLASS A MULTIPLE DWELLING, THE USE  OF  A  SHORT-TERM  RENTAL
 UNIT  FOR  OCCUPANCY  OF FEWER THAN THIRTY CONSECUTIVE DAYS SHALL NOT BE
 INCONSISTENT WITH THE OCCUPANCY OF SUCH MULTIPLE DWELLING FOR  PERMANENT
 RESIDENCE PURPOSES IF:
   (A)  SUCH  DWELLING  UNIT  DOES  NOT  PROVIDE SINGLE ROOM OCCUPANCY AS
 DEFINED BY SUBDIVISION SIXTEEN OF THIS SECTION;

 A. 5773                             3
 
   (B) SUCH DWELLING UNIT CONTAINS A BATHROOM AND A  KITCHEN  NOT  SHARED
 WITH ANOTHER UNIT;
   (C)  SUCH DWELLING UNIT PROVIDES FOR AN EVACUATION DIAGRAM IDENTIFYING
 ALL MEANS OF EGRESS FROM THE SHORT-TERM RENTAL UNIT AND THE BUILDING  IN
 WHICH  IT  IS  LOCATED.  SUCH  EVACUATION  DIAGRAM  SHALL BE POSTED IN A
 CONSPICUOUS PLACE ON THE INSIDE ENTRANCE DOOR OF EACH SHORT-TERM  RENTAL
 UNIT;
   (D)  SUCH DWELLING UNIT CONTAINS WORKING SMOKE DETECTORS IN ACCORDANCE
 WITH LOCAL FIRE CODE;
   (E) SUCH DWELLING UNIT HAS  SUFFICIENT  FIRE,  HAZARD,  AND  LIABILITY
 INSURANCE TO COVER THOSE PERSONS USING THE UNIT FOR SUCH OCCUPANCY;
   (F) ALL COMPENSATION RECEIVED FOR RENT, OR FOR HIRE, FOR SUCH DWELLING
 UNIT, SHALL BE SUBJECT TO ALL APPROPRIATE TAXES AND FEES, INCLUDING, BUT
 NOT  LIMITED TO, TAXES AND FEES IMPOSED BY SECTIONS ELEVEN HUNDRED FOUR,
 ELEVEN HUNDRED FIVE, ELEVEN HUNDRED SEVEN AND ELEVEN HUNDRED NINE OF THE
 TAX LAW, AND SECTION 11-702 OF THE ADMINISTRATIVE CODE OF  THE  CITY  OF
 NEW YORK; AND
   (G)  THE  UNIT  IS  REGISTERED  WITH  THE  CITY IN ACCORDANCE WITH THE
 PROVISIONS OF ARTICLE TWO OF THIS SUBCHAPTER, UNLESS IT  IS  USED  AS  A
 SHORT-TERM RENTAL UNIT LESS THAN THIRTY DAYS PER CALENDAR YEAR.
   (H)  PROVIDED  FURTHER  THAT  IN  NON  OWNER-OCCUPIED BUILDINGS, FIFTY
 PERCENT OR LESS OF THE TOTAL  UNITS  MAY  BE  REGISTERED  AS  SHORT-TERM
 RENTAL UNITS.
   §  5.  Subdivision  a of section 27-2004 of the administrative code of
 the city of New York is amended by adding a new paragraph 14-a  to  read
 as follows:
   14-A.  SHORT-TERM RENTAL UNIT IS A CLASS A MULTIPLE DWELLING UNIT THAT
 IS AVAILABLE FOR RENT, OR FOR HIRE, FOR LESS THAN THIRTY DAYS BY GUESTS.
   § 6. Subchapter 1 of chapter 2 of title 27 of the administrative  code
 of  the city of New York is amended by adding a new article 2 to read as
 follows:
                                 ARTICLE 2
                            SHORT-TERM RENTALS
 SECTION 27-2004.1 REGISTRATION REQUIRED.
         27-2004.2 REGISTRATION FEE.
         27-2004.3 VIOLATIONS.
         27-2004.4 REGULATIONS.
   § 27-2004.1 REGISTRATION REQUIRED.  ANY  INDIVIDUAL  THAT  OPERATES  A
 SHORT-TERM  RENTAL  UNIT, AS DEFINED BY PARAGRAPH FOURTEEN-A OF SUBDIVI-
 SION A OF SECTION 27-2004 OF THIS SUBCHAPTER, MUST  BE  REGISTERED  WITH
 THE DEPARTMENT. EACH UNIT OPERATED BY THE INDIVIDUAL SHALL HAVE A REGIS-
 TRATION  IDENTIFICATION  NUMBER.  THE  REGISTRATION  SHALL  INCLUDE  THE
 LOCATION OF THE UNIT.
   § 27-2004.2 REGISTRATION FEE.  THE  REGISTRATION  FEE  SHALL  BE  FIVE
 HUNDRED  DOLLARS  PER UNIT, ALL OF WHICH SHALL BE DEDICATED TO THE DIVI-
 SION, UNIT OR SPECIAL TASK FORCE IN CHARGE OF ENFORCING THIS ARTICLE, AS
 DETERMINED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.
   § 27-2004.3 VIOLATIONS. WHEN THE USE OF A SHORT-TERM  RENTAL  UNIT  IS
 DETERMINED TO NOT COMPLY WITH ANY REQUIREMENTS SET FORTH IN CLAUSE THREE
 OF  SUBPARAGRAPH  (A)  OF  PARAGRAPH  EIGHT  OF SUBDIVISION A OF SECTION
 27-2004 OF THIS CODE, THE INDIVIDUAL WHO REGISTERED THE UNIT AS REQUIRED
 BY THIS ARTICLE, SHALL BE IN VIOLATION OF THE REGISTRATION  AND  SUBJECT
 TO  A  FINE  OF NOT LESS THAN ONE THOUSAND DOLLARS AND NOT MORE THAN TWO
 THOUSAND DOLLARS. IF AN INDIVIDUAL COMMITS THREE VIOLATIONS IN A  SINGLE
 UNIT, THE INDIVIDUAL'S REGISTRATION OF SUCH UNIT SHALL BE REVOKED PERMA-
 NENTLY.    SUCH  INDIVIDUAL  SHALL BE AFFORDED THE OPPORTUNITY TO APPEAL

 A. 5773                             4
 
 SUCH REVOCATION IN ACCORDANCE WITH REGULATIONS AND PROCEDURES ADOPTED BY
 THE CITY.
   § 27-2004.4 REGULATIONS. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL
 SHALL  PROMULGATE REGULATIONS TO DEAL WITH THE REGISTRATION AND ENFORCE-
 MENT OF SHORT-TERM RENTAL UNITS, INCLUDING INSPECTION AND  AUDIT  PROCE-
 DURES  CONCERNING ALL REGISTERED UNITS. SUCH REGULATIONS MAY ALSO CREATE
 A PUBLIC REGISTRY OF ALL SHORT-TERM RENTAL UNITS SO THAT THE  PUBLIC  IS
 AWARE OF THOSE UNITS IN GOOD STANDING.
   § 7. This act shall take effect immediately.