Assembly Bill A9351

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9351
 
                           I N  A S S E M B L Y
 
                               March 6, 2024
                                ___________
 
 Introduced by M. of A. JENSEN -- read once and referred to the Committee
   on Housing
 
 AN ACT in relation to establishing the "New York state short-term rental
   property  commission"; and providing for the repeal of such provisions
   upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  For  the  purposes  of  this act: "Short-term residential
 rental property" shall mean a residential home, unit therein, or  acces-
 sory building that is leased on a daily or weekly basis, with the gener-
 al  duration of rental not exceeding thirty consecutive days. Hotels and
 motels shall be excluded from any such definition.
   "Geographic regions" for the purposes of this act shall  be  based  on
 the following factors, including, but not limited to:
   (a) geographic size;
   (b)  proximity  to  and  dependence on centers of employment and popu-
 lation; and
   (c) unifying topographic characteristics.
   § 2. A temporary state commission, to be known as the New  York  state
 short-term rental property commission (hereafter "commission") is hereby
 created to assess the current housing stock in the state of New York and
 the  state  of short-term residential rental property. Specifically, the
 commission shall investigate:
   (a) the current housing stock in the state of New York broken down  by
 geographic  regions,  which  shall  include  details such as the type of
 dwelling (e.g., single-family, condo, etc.) as well  as  owner  occupied
 and investor-owned short-term rental properties;
   (b)  historical  changes to the housing stock in the state of New York
 broken down by geographic region;
   (c) comparative analysis of the historical and current  housing  stock
 in the state of New York with those of other states;
   (d) the number of short-term residential rental properties broken down
 by geographic region;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14035-03-4
              

 A. 9351                             2
 
   (e)  impact  short-term  residential  rental  properties have on local
 housing stock and economies;
   (f) current state, federal, and local laws relating to use of residen-
 tial property as short-term rental units;
   (g)   laws   and   policies   of   other   states   and  jurisdictions
 impacting/restricting short-term residential rental properties; and
   (h) recommendations as to the need  for  changes  to  local  or  state
 policies/laws  related  to  short-term  residential  rentals,  including
 zoning law, enforcement of local code  and  remedies  to  violations  of
 applicable local or state laws.
   §  3.  The  commission shall address the impact short-term residential
 rentals have on residents, neighborhoods, as well as on crime and police
 activity and on the culture of neighborhoods and communities  of  inter-
 est.
   § 4. (a) The commission shall consist of eight members to be appointed
 as  follows:  two  shall  be appointed by the temporary president of the
 senate; two shall be appointed by the minority leader of the senate; two
 shall be appointed by the speaker of the  assembly;  and  two  shall  be
 appointed  by  the  minority  leader  of the assembly. Each member shall
 serve at the pleasure of the officer making such  appointment,  and  any
 vacancy in membership shall be filled in the same manner provided for in
 the original appointments.
   (b)  The  members shall receive no compensation for their services but
 shall be allowed their actual and necessary  expenses  incurred  in  the
 performance  of their duties hereunder. The commission may employ and at
 pleasure remove such personnel as it may deem necessary for the perform-
 ance of its functions and fix their compensation within the amounts made
 available by appropriation therefor.
   (c) Such membership on the commission shall not constitute the holding
 of a public office.
   § 5. (a) For the accomplishment for the purposes  set  forth  in  this
 act,  the  commission shall meet and hold public and/or private hearings
 within or without the state to elicit testimony as it deems necessary to
 effectuate its duties.
   (b) The first meeting of the commission shall be  held  at  the  state
 capitol  building  at  a  time and place specified by the speaker of the
 assembly; provided that such meeting occurs no later than one year after
 the effective date of this act. At the  first  meeting,  the  commission
 shall  elect  a chair and vice-chair upon a majority vote of the member-
 ship. Following the election of such  chair,  all  future  meetings  and
 hearings of the commission shall be called at the chair's discretion. In
 the absence of the chair, such authority shall be exercised by the vice-
 chair.
   §  6.  The commission shall make recommendations and a final report of
 its findings no later than December thirteenth, two thousand twenty-six.
 The report shall be provided to the legislature  and  attorney  general.
 Such  report  shall  also  include  recommendations for changes to local
 and/or state policy and laws relating to short-term residential rentals.
 Such report shall also provide model  local  law  language  for  munici-
 palities  to  use  if  they currently have no code for short-term rental
 property regulation, and guidance on proper mechanism on enforcement  of
 local law regarding short-term rental property ownership and use.
   §  7. This act shall take effect immediately and shall expire December
 31, 2026 when upon such date the provisions of this act shall be  deemed
 repealed.