S T A T E   O F   N E W   Y O R K
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                                   8331
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 8, 2017
                                ___________
 
 Introduced by M. of A. TITONE -- read once and referred to the Committee
   on Housing
 
 AN  ACT  to  amend  the multiple dwelling law, in relating to clarifying
   certain provisions relating to the occupancy of certain class A multi-
   ple dwellings
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph 1 of paragraph a of subdivision 8 of section 4
 of  the  multiple dwelling law, as amended by chapter 225 of the laws of
 2010, is amended to read as follows:
   (1) (A) occupancy of such dwelling unit for fewer than thirty  consec-
 utive  days  by other natural persons living within the household of the
 permanent occupant such as house guests or lawful boarders,  roomers  or
 lodgers; [or]
   (B)  incidental  and  occasional  occupancy  of such dwelling unit for
 fewer than thirty consecutive days by other  natural  persons  when  the
 permanent  occupants are temporarily absent for personal reasons such as
 vacation or medical  treatment,  provided  that  there  is  no  monetary
 compensation paid to the permanent occupants for such occupancy[.]; OR
   (C)  INCIDENTAL  AND  OCCASIONAL  OCCUPANCY  IN  EXCHANGE FOR MONETARY
 COMPENSATION IN A COOPERATIVE OR CONDOMINIUM UNIT OCCUPIED BY OWNERS  OR
 TENANT-SHAREHOLDERS  FOR  FEWER  THAN  THIRTY  CONSECUTIVE DAYS BY OTHER
 NATURAL PERSONS WHEN THE PERMANENT OCCUPANT IS  TEMPORARILY  ABSENT  FOR
 PERSONAL REASONS, SUCH AS VACATION OR MEDICAL TREATMENT, PROVIDED THAT:
   (I) THE DWELLING UNIT OR STOCK ALLOCATED TO THE DWELLING UNIT IS OWNED
 BY  OR  FOR  THE BENEFIT OF A NATURAL PERSON WHO RESIDES IN THE DWELLING
 UNIT AS HIS OR HER PRIMARY OR SECONDARY RESIDENCE;
   (II) THE OWNER OF THE DWELLING UNIT OR STOCK AND THE  PERMANENT  OCCU-
 PANT  DOES  NOT OWN OR CONTROL ANY OTHER CLASS A MULTIPLE DWELLING BEING
 OCCUPIED OR MADE AVAILABLE FOR OCCUPANCY FOR FEWER THAN  THIRTY  CONSEC-
 UTIVE DAYS BY OTHER NATURAL PERSONS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11268-01-7

 A. 8331                             2
 
   (III) THE INCIDENTAL AND OCCASIONAL OCCUPANCY IN EXCHANGE FOR MONETARY
 COMPENSATION IN THE DWELLING UNIT FOR FEWER THAN THIRTY CONSECUTIVE DAYS
 DOES NOT EXCEED NINETY TOTAL DAYS IN ANY ONE CALENDAR YEAR; AND
   (IV)  ALL  APPLICABLE STATE AND LOCAL TAXES AND FEES ARE COLLECTED AND
 REMITTED IN ACCORDANCE WITH APPLICABLE LAW.
   NOTHING IN THIS CLAUSE SHALL BE CONSTRUED TO  ABROGATE  OR  ANNUL  THE
 BY-LAWS  OF A COOPERATIVE OR CONDOMINIUM NOR RESTRICT A BUILDING OWNER'S
 RIGHTS OR THE AUTHORITY OF A GOVERNING BOARD THAT HAS BEEN DULY  ELECTED
 BY THE OWNERS OR TENANT-SHAREHOLDERS OF A COOPERATIVE OR CONDOMINIUM.
   § 2. This act shall take effect immediately.