S T A T E   O F   N E W   Y O R K
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                                   3198
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M.  of A. L. ROSENTHAL, DE LA ROSA, DINOWITZ, GOTTFRIED,
   GLICK, CARROLL, SEAWRIGHT, PICHARDO, HEVESI,  WALKER,  QUART,  ABBATE,
   DAVILA, COLTON, BARNWELL, PHEFFER AMATO, ABINANTI, D. ROSENTHAL, NIOU,
   BICHOTTE HERMELYN,   RICHARDSON,   JEAN-PIERRE,   BRAUNSTEIN,  WEPRIN,
   J. RIVERA, FERNANDEZ -- Multi-Sponsored by -- M. of A. EPSTEIN, RAMOS,
   SOLAGES -- 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  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;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00836-01-1
              

 A. 3198                             2
 
   (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
 THIS CHAPTER 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;

 A. 3198                             3
 
   (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 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.