NY State Senate Bill 2019-S3180

Senate Bill S3180

2019-2020 Legislative Session

Requires advertisements for certain accommodations to be submitted to designated enforcement agency

download bill text pdf

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to housing, construction and community development
Feb 04, 2019	referred to housing, construction and community development

2019-S3180 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Multiple Dwelling Law
Laws Affected:: Add §15, Mult Dwell L; add Title 27 Chap 1 Subchap 3 Art 19 §27-287.5, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7740
2021-2022: S4929
2023-2024: S4216

2019-S3180 (ACTIVE) - Summary

Requires advertisements for certain accommodations to be submitted to designated enforcement agency.

2019-S3180 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3180

SPONSOR: LANZA
 
TITLE OF BILL:

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

 
PURPOSE:

This bill requires online platforms offering advertisements for certain
accommodations to submit certain information to a designated enforcement
agency before being listed.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the multiple dwelling law by adding new section 15.

Section two amends subchapter 3 of chapter 1 of title 27 of the adminis-

trative code of the city of New York by adding new article 19.

Section three sets forth the effective date.

 
JUSTIFICATION:

Over the past few years many localities have seen an increase in the use
of short term rental websites, which has created a number of issues for
residents in cities where these rentals have become common. Under the
New York State multiple dwelling law, renting out a unit in a class A
multiple dwelling for fewer than 30 days is prohibited by law, allowing
for better preservation of our affordable housing stock and protecting
the rights of apartment dwellers.  However, it can be difficult for
enforcement agencies to determine which listings are illegal because
they do not have access to the address of the unit or any pertinent
information regarding the advertiser's link to the unit.

Ultimately, this results in the illegal rental of units by people and
companies and shields them from the consequences. The lack of transpar-
ency by short term rental platforms also creates safety issues, leading
a number of major cities to enact regulations requiring that certain
information be shared with city officials.  Short term rentals can
create a security risk for permanent residents who must contend with
strangers going in and out of their building, having access to common
areas, and occasionally using the space to conduct unlawful activity.
Local enforcement agencies need to be equipped with the tools to identi-
fy which buildings include units used for short term rentals so they can
properly address potential security and safety issues as they arise.

 
LEGISLATIVE HISTORY:

2018: S.7740A - Referred to Housing, Construction & Community
Development/A.10090 - Referred to Housing

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This bill shall take effect on the sixtieth day after it shall have
become a law.

2019-S3180 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3180
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2019
                                ___________
 
 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:
 
   Section 1. The multiple dwelling  law  is  amended  by  adding  a  new
 section 15 to read as follows:
   §  15.  ADVERTISEMENTS FOR THE USE OF DWELLING UNITS; REQUIRED DISCLO-
 SURES.  1. A. ANY ONLINE PLATFORM OFFERING  ADVERTISEMENT  FOR  ACCOMMO-
 DATION IN A NEW YORK DWELLING FOR A PERIOD FEWER THAN THIRTY CONSECUTIVE
 DAYS  SHALL INCLUDE IN ITS TERMS OF SERVICE A CLAUSE REQUIRING ALL USERS
 OF ANY ONLINE PLATFORM TO CONSENT TO THE DISCLOSURE OF INFORMATION LIST-
 ED IN THIS SECTION TO  THE  DEPARTMENT.  ANY  ONLINE  PLATFORM  OFFERING
 ADVERTISEMENT FOR ACCOMMODATION IN A DWELLING FOR A PERIOD OF FEWER THAN
 THIRTY  CONSECUTIVE  DAYS  SHALL SUBMIT THE FOLLOWING INFORMATION TO THE
 DEPARTMENT BEFORE SUCH ADVERTISEMENT IS PERMITTED TO BE LISTED  ON  SUCH
 PLATFORM:
   (I)  THE  EXACT PHYSICAL ADDRESS OF THE DWELLING, INCLUDING THE STREET
 NAME, STREET NUMBER, APARTMENT NUMBER, BOROUGH, TOWN AND COUNTY;
   (II) THE FULL LEGAL NAME OF THE PERSON OFFERING ACCOMMODATION IN  SUCH
 DWELLING;
   (III) CONTACT INFORMATION INCLUDING PHONE NUMBER AND EMAIL ADDRESS FOR
 THE LOCAL HOST OR CO-HOST FOR SUCH DWELLING;
   (IV)  THE  CATEGORY  OF  THE  DWELLING AS EITHER A PRIVATE DWELLING AS
 DEFINED IN SUBDIVISION SIX OF SECTION FOUR  OF  THIS  CHAPTER,  CLASS  A
 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.
                                                            LBD02150-02-9

 S. 3180                             2
 
 THIS ARTICLE OR CLASS B MULTIPLE DWELLING AS DEFINED IN SUBDIVISION NINE
 OF SECTION FOUR OF THIS CHAPTER;
   (V) WHETHER THE DWELLING IS COVERED BY A RENT CONTROL, RENT STABILIZA-
 TION OR AFFORDABLE HOUSING PROGRAM AND IF SO, THE NAME OF SUCH PROGRAM;
   (VI) WHETHER THE ENTIRE DWELLING OR JUST A PORTION OF SUCH DWELLING IS
 MADE AVAILABLE UNDER THE LISTING BEING ADVERTISED; AND
   (VII) WHETHER THE DWELLING IS THE PRIMARY RESIDENCE OF THE HOST.
   B.  THE  MANNER  OF  THE  SUBMISSIONS  REQUIRED BY PARAGRAPH A OF THIS
 SUBDIVISION SHALL BE DETERMINED BY THE DEPARTMENT.
   2. ANY PERSON FOUND TO HAVE VIOLATED THE PROVISIONS OF SUBDIVISION ONE
 OF THIS SECTION SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT MORE THAN ONE
 THOUSAND DOLLARS FOR THE FIRST VIOLATION, FIVE THOUSAND DOLLARS FOR  THE
 SECOND  VIOLATION  AND SEVEN THOUSAND FIVE HUNDRED DOLLARS FOR THE THIRD
 AND SUBSEQUENT VIOLATIONS.
   3. FOR THE PURPOSES OF THIS SECTION, THE  TERM  "ADVERTISEMENT"  SHALL
 MEAN  ANY FORM OF COMMUNICATION FOR MARKETING THAT IS USED TO ENCOURAGE,
 PERSUADE OR MANIPULATE VIEWERS, READERS OR  LISTENERS  INTO  CONTRACTING
 FOR GOODS AND/OR SERVICES AS MAY BE VIEWED THROUGH VARIOUS MEDIA INCLUD-
 ING, BUT NOT LIMITED TO, NEWSPAPERS, MAGAZINES, FLIERS, HANDBILLS, TELE-
 VISION  COMMERCIALS,  RADIO,  SIGNAGE,  DIRECT  MAIL,  WEBSITES  OR TEXT
 MESSAGES.
   4. NOTWITHSTANDING THE PROVISIONS OF SECTION THREE  HUNDRED  THREE  OF
 THIS  CHAPTER,  IN  A  CITY WITH A POPULATION OF ONE MILLION OR MORE THE
 PROVISIONS OF THIS SECTION SHALL BE ENFORCED BY THE  MAYOR'S  OFFICE  OF
 SPECIAL ENFORCEMENT.
   5.  THIS SECTION SHALL NOT APPLY TO ADVERTISEMENTS OR OFFERS FOR OCCU-
 PANCY OF SUCH DWELLING UNIT FOR FEWER THAN THIRTY  CONSECUTIVE  DAYS  BY
 OTHER NATURAL PERSONS LIVING WITHIN THE HOUSEHOLD OF THE PERMANENT OCCU-
 PANT  SUCH  AS  HOUSE  GUESTS  OR LAWFUL BOARDERS, ROOMERS OR LODGERS OR
 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.
   §  2. Subchapter 3 of chapter 1 of title 27 of the administrative code
 of the city of New York is amended by adding a new article 19 to read as
 follows:
                                ARTICLE 19
                        ADVERTISEMENTS FOR CERTAIN
                              ACCOMMODATIONS
   § 27-287.5 ADVERTISEMENTS FOR  CERTAIN  ACCOMMODATIONS.    1.  A.  ANY
 ONLINE  PLATFORM  OFFERING ADVERTISEMENT FOR ACCOMMODATION IN A NEW YORK
 DWELLING FOR A PERIOD FEWER THAN THIRTY CONSECUTIVE DAYS  SHALL  INCLUDE
 IN ITS TERMS OF SERVICE A CLAUSE REQUIRING ALL USERS OF ANY ONLINE PLAT-
 FORM  TO  CONSENT TO THE DISCLOSURE OF INFORMATION TO THE MAYOR'S OFFICE
 OF SPECIAL ENFORCEMENT.  ANY ONLINE PLATFORM OFFERING ADVERTISEMENT  FOR
 ACCOMMODATION  IN  A  DWELLING FOR A PERIOD OF FEWER THAN THIRTY CONSEC-
 UTIVE DAYS SHALL SUBMIT THE FOLLOWING INFORMATION TO THE  OFFICE  BEFORE
 SUCH ADVERTISEMENT IS PERMITTED TO BE LISTED ON SUCH PLATFORM:
   (I)  THE  EXACT PHYSICAL ADDRESS OF THE DWELLING, INCLUDING THE STREET
 NAME, STREET NUMBER, APARTMENT NUMBER, BOROUGH, TOWN AND COUNTY;
   (II) THE FULL LEGAL NAME OF THE PERSON OFFERING ACCOMMODATION IN  SUCH
 DWELLING;
   (III) CONTACT INFORMATION INCLUDING PHONE NUMBER AND EMAIL ADDRESS FOR
 THE LOCAL HOST OR CO-HOST FOR SUCH DWELLING;

 S. 3180                             3
 
   (IV)  THE  CATEGORY  OF  THE  DWELLING AS EITHER A PRIVATE DWELLING AS
 DEFINED IN SUBDIVISION SIX OF SECTION FOUR OF THE MULTIPLE DWELLING LAW,
 CLASS A MULTIPLE DWELLING AS DEFINED IN  SUBDIVISION  EIGHT  OF  SECTION
 FOUR  OF  THE  MULTIPLE  DWELLING  LAW  OR  CLASS B MULTIPLE DWELLING AS
 DEFINED  IN  SUBDIVISION  NINE  OF SECTION FOUR OF THE MULTIPLE DWELLING
 LAW;
   (V) WHETHER THE DWELLING IS COVERED BY A RENT CONTROL, RENT STABILIZA-
 TION OR AFFORDABLE HOUSING PROGRAM AND IF SO, THE NAME OF SUCH PROGRAM;
   (VI) WHETHER THE ENTIRE DWELLING OR JUST A PORTION OF SUCH DWELLING IS
 MADE AVAILABLE UNDER THE LISTING BEING ADVERTISED; AND
   (VII) WHETHER THE DWELLING IS THE PRIMARY RESIDENCE OF THE HOST.
   B. THE MANNER OF THE SUBMISSIONS  REQUIRED  BY  PARAGRAPH  A  OF  THIS
 SUBDIVISION  SHALL  BE  DETERMINED  BY  THE  MAYOR'S  OFFICE  OF SPECIAL
 ENFORCEMENT.
   2. THIS SECTION SHALL NOT APPLY TO ADVERTISEMENTS OR OFFERS FOR  OCCU-
 PANCY  OF  SUCH  DWELLING UNIT FOR FEWER THAN THIRTY CONSECUTIVE DAYS BY
 OTHER NATURAL PERSONS LIVING WITHIN THE HOUSEHOLD OF THE PERMANENT OCCU-
 PANT SUCH AS HOUSE GUESTS OR LAWFUL  BOARDERS,  ROOMERS  OR  LODGERS  OR
 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.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.

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