S. 885--B 2
2. "SHORT-TERM RENTAL HOST" MEANS A PERSON OR ENTITY IN VALID LEGAL
POSSESSION OF A SHORT-TERM RENTAL UNIT WHO RENTS SUCH UNIT TO GUESTS.
3. "BOOKING SERVICE" MEANS A PERSON OR ENTITY WHO, DIRECTLY OR INDI-
RECTLY:
(A) PROVIDES ONE OR MORE ONLINE, COMPUTER OR APPLICATION-BASED PLAT-
FORMS THAT INDIVIDUALLY OR COLLECTIVELY CAN BE USED TO:
(I) LIST OR ADVERTISE OFFERS FOR SHORT-TERM RENTALS, AND
(II) EITHER ACCEPT SUCH OFFERS, OR RESERVE OR PAY FOR SUCH RENTALS;
AND
(B) CHARGES, COLLECTS OR RECEIVES A FEE FOR THE USE OF SUCH A PLATFORM
OR FOR PROVISION OF ANY SERVICE IN CONNECTION WITH A SHORT-TERM RENTAL.
A BOOKING SERVICE SHALL NOT BE CONSTRUED TO INCLUDE A PLATFORM THAT
SOLELY LISTS OR ADVERTISES OFFERS FOR SHORT-TERM RENTALS.
§ 21. SHORT-TERM RESIDENTIAL RENTAL UNITS; REGULATION. 1. A SHORT-TERM
RENTAL HOST MAY OPERATE A DWELLING UNIT AS A SHORT-TERM RESIDENTIAL
RENTAL UNIT PROVIDED SUCH DWELLING UNIT:
(A) IS REGISTERED IN ACCORDANCE WITH SECTION TWENTY-TWO OF THIS ARTI-
CLE;
(B) IS NOT USED TO PROVIDE SINGLE ROOM OCCUPANCY AS DEFINED BY SUBDI-
VISION FORTY-FOUR OF SECTION FOUR OF THIS CHAPTER;
(C) INCLUDES A CONSPICUOUSLY POSTED EVACUATION DIAGRAM IDENTIFYING ALL
MEANS OF EGRESS FROM THE UNIT AND THE BUILDING IN WHICH IT IS LOCATED;
(D) INCLUDES A CONSPICUOUSLY POSTED LIST OF EMERGENCY PHONE NUMBERS
FOR POLICE, FIRE, AND POISON CONTROL;
(E) HAS A WORKING FIRE-EXTINGUISHER; AND
(F) IS INSURED BY AN INSURER LICENSED TO WRITE INSURANCE IN THIS STATE
OR PROCURED BY A DULY LICENSED EXCESS LINE BROKER PURSUANT TO SECTION
TWO THOUSAND ONE HUNDRED EIGHTEEN OF THE INSURANCE LAW FOR AT LEAST THE
VALUE OF THE DWELLING, PLUS A MINIMUM OF THREE HUNDRED THOUSAND DOLLARS
COVERAGE FOR THIRD PARTY CLAIMS OF PROPERTY DAMAGE OR BODILY INJURY THAT
ARISE OUT OF THE OPERATION OF A SHORT-TERM RENTAL UNIT. NOTWITHSTANDING
ANY OTHER PROVISION OF LAW, NO INSURER SHALL BE REQUIRED TO PROVIDE SUCH
COVERAGE.
2. OCCUPANCIES OF A SHORT-TERM RENTAL UNIT SHALL BE SUBJECT TO TAXES
AND FEES PURSUANT TO ARTICLES TWENTY-EIGHT AND TWENTY-NINE OF THE TAX
LAW AND APPLICABLE LOCAL LAWS.
3. SHORT-TERM RENTAL HOSTS SHALL MAINTAIN RECORDS RELATED TO GUEST
STAYS FOR TWO YEARS FOLLOWING THE END OF THE CALENDAR YEAR IN WHICH AN
INDIVIDUAL RENTAL STAY OCCURRED, INCLUDING THE DATE OF EACH STAY AND
NUMBER OF GUESTS, THE COST FOR EACH STAY, INCLUDING RELEVANT TAX, AND
RECORDS RELATED TO THEIR REGISTRATION AS SHORT-TERM RENTAL HOSTS WITH
THE DEPARTMENT OF STATE. AS A REQUIREMENT FOR REGISTRATION UNDER SECTION
TWENTY-TWO OF THIS ARTICLE, HOSTS SHALL PROVIDE THESE RECORDS TO THE
DEPARTMENT OF STATE ON AN ANNUAL BASIS. THE DEPARTMENT SHALL SHARE THIS
REPORT WITH COUNTY, CITY, TOWN, OR VILLAGE GOVERNMENTS AND SHALL MAKE
SUCH REPORTS AVAILABLE TO LOCAL MUNICIPAL ENFORCEMENT AGENCIES UPON
REQUEST. WHERE THE BOOKING PLATFORM IS THE SHORT-TERM RENTAL HOST, THE
SHORT-TERM RENTAL HOST MAY BE EXEMPT FROM PROVIDING SUCH REPORT PROVIDED
THAT THE BOOKING PLATFORM INCLUDES ALL NECESSARY INFORMATION REQUIRED OF
A SHORT-TERM RENTAL HOST IN THE REPORT REQUIRED PURSUANT TO SUBDIVISION
FOUR OF THIS SECTION.
4. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW OR ADMINISTRATIVE
ACTION TO THE CONTRARY, BOOKING SERVICES SHALL DEVELOP AND MAINTAIN A
REPORT RELATED TO SHORT-TERM RENTAL UNIT GUEST STAYS THAT THE BOOKING
SERVICE HAS FACILITATED IN THE STATE FOR TWO YEARS FOLLOWING THE END OF
THE CALENDAR YEAR IN WHICH AN INDIVIDUAL RENTAL STAY OCCURRED. THE
S. 885--B 3
REPORT SHALL INCLUDE THE DATES OF EACH STAY AND THE NUMBER OF GUESTS,
THE COST FOR EACH STAY, INCLUDING RELEVANT TAX, THE PHYSICAL ADDRESS,
INCLUDING ANY UNIT DESIGNATION, OF EACH SHORT-TERM RENTAL UNIT BOOKED,
THE FULL LEGAL NAME OF EACH SHORT-TERM RENTAL UNIT'S HOST, AND EACH
SHORT-TERM RENTAL UNIT'S REGISTRATION NUMBER. IN THE EVENT A BOOKING
SERVICE DOES NOT ADHERE TO SUBDIVISION TWO OF SECTION TWENTY-TWO OF THIS
ARTICLE, OR MORE INFORMATION IS DEEMED NECESSARY BY THE DEPARTMENT OF
STATE, THE DEPARTMENT MAY ACCESS THIS REPORT AND/OR ALL RELEVANT RECORDS
FROM A BOOKING SERVICE IN RESPONSE TO VALID LEGAL PROCESS. THE DEPART-
MENT SHALL SHARE THIS REPORT AND/OR RECORDS WITH COUNTY, CITY, TOWN, OR
VILLAGE GOVERNMENTS AND SHALL MAKE SUCH REPORTS AVAILABLE TO LOCAL
MUNICIPAL ENFORCEMENT AGENCIES WHEN LAWFULLY REQUESTED. REPORTS AND ANY
RECORDS PROVIDED TO GENERATE SUCH REPORTS SHALL NOT BE MADE PUBLICLY
AVAILABLE WITHOUT THE REDACTION OF THE FULL LEGAL NAME OF EACH SHORT-
TERM RENTAL UNIT'S HOST, THE STREET NAME AND NUMBER OF THE PHYSICAL
ADDRESS OF ANY IDENTIFIED SHORT-TERM RENTAL UNIT AND THE UNIT'S REGIS-
TRATION NUMBER.
5. IT SHALL BE UNLAWFUL FOR A BOOKING SERVICE TO COLLECT A FEE FOR
FACILITATING BOOKING TRANSACTIONS FOR SHORT-TERM RESIDENTIAL RENTAL
UNITS LOCATED IN THIS STATE IF THE SHORT-TERM RENTAL UNIT AND ITS OWNER
OR TENANT HAVE NOT BEEN ISSUED A CURRENT, VALID REGISTRATION BY THE
DEPARTMENT OF STATE OR AN APPLICABLE MUNICIPALITY.
6. THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO ALL SHORT-TERM RESI-
DENTIAL RENTAL UNITS IN THE STATE; PROVIDED, HOWEVER, THAT A MUNICI-
PALITY THAT HAS ITS OWN SHORT-TERM RESIDENTIAL RENTAL UNIT REGISTRY MAY
CONTINUE SUCH REGISTRY AND ALL SHORT-TERM RESIDENTIAL RENTAL UNITS IN
SUCH MUNICIPALITY SHALL BE REQUIRED TO BE REGISTERED WITH SUCH MUNICIPAL
REGISTRY AND SHALL NOT BE REQUIRED TO REGISTER WITH THE DEPARTMENT OF
STATE. MUNICIPALITIES WITH SHORT-TERM RESIDENTIAL RENTAL REGISTRIES
SHALL ESTABLISH AND EFFECTUATE STANDARDS FOR THE HEALTH AND SAFETY OF
GUESTS, INCLUDING, BUT NOT LIMITED TO, THE STANDARDS ESTABLISHED IN
PARAGRAPHS (C), (D) AND (E) OF SUBDIVISION ONE OF THIS SECTION. MUNICI-
PALITIES WITH SHORT-TERM RESIDENTIAL RENTAL UNIT REGISTRIES SHALL MAIN-
TAIN THE AUTHORITY TO MANAGE SUCH REGISTRIES AND TO COLLECT FINES FOR
VIOLATIONS RELATED TO THE REGISTRATION OF SHORT-TERM RESIDENTIAL RENTAL
UNITS. MUNICIPALITIES WITH SHORT-TERM RESIDENTIAL RENTAL UNIT REGIS-
TRIES SHALL PROVIDE INFORMATION ON SHORT-TERM RESIDENTIAL RENTAL UNITS
REGISTERED WITHIN SUCH MUNICIPALITY TO THE DEPARTMENT OF STATE, ON A
QUARTERLY BASIS OF EACH CALENDAR YEAR, IN ORDER FOR THE DEPARTMENT TO
MAINTAIN A CURRENT DATABASE OF ALL SHORT-TERM RESIDENTIAL UNITS REGIS-
TERED WITHIN THE STATE. MUNICIPALITIES WITH SHORT-TERM RESIDENTIAL
RENTAL UNIT REGISTRIES SHALL NOT BE SUBJECT TO THE REGULATION REQUIRE-
MENTS OF THIS SECTION AND MAY ESTABLISH REGISTRATION REQUIREMENTS AND
REGULATIONS IN SUCH MUNICIPALITY WHICH MAY DIFFER FROM THE REQUIREMENTS
OF THIS SECTION.
§ 22. REGISTRATION. 1. SHORT-TERM RENTAL HOSTS SHALL BE REQUIRED TO
REGISTER A SHORT-TERM RESIDENTIAL RENTAL UNIT WITH THE DEPARTMENT OF
STATE OR WITH THE MUNICIPALITY WHERE SUCH SHORT-TERM RESIDENTIAL UNIT IS
LOCATED IF SUCH MUNICIPALITY HAS A REGISTRATION SYSTEM; PROVIDED, HOWEV-
ER, THAT THE DEPARTMENT OF STATE SHALL NOT ACCEPT AN APPLICATION TO
REGISTER A SHORT-TERM RESIDENTIAL RENTAL UNIT FOR A UNIT THAT IS LOCATED
IN A MUNICIPALITY WHICH HAS ITS OWN REGISTRATION SYSTEM AND THAT HAS
NOTIFIED THE DEPARTMENT OF STATE OF SUCH REGISTRATION SYSTEM. WHERE A
SHORT-TERM RENTAL IS LOCATED IN A JURISDICTION THAT HAS MULTIPLE MUNICI-
PAL REGISTRATION SYSTEMS, THE HOST SHALL SELECT ONLY ONE SUCH MUNICIPAL
REGISTRATION SYSTEM TO REGISTER UNDER. NO MUNICIPALITY SHALL REQUIRE A
S. 885--B 4
HOST TO REGISTER UNDER THEIR REGISTRATION SYSTEM WHERE A HOST IS
LAWFULLY REGISTERED WITH ANOTHER MUNICIPAL REGISTRATION SYSTEM.
(A) REGISTRATION WITH THE DEPARTMENT OF STATE SHALL BE VALID FOR TWO
YEARS, AFTER WHICH TIME THE SHORT-TERM RENTAL HOST MAY RENEW HIS OR HER
REGISTRATION IN A MANNER PRESCRIBED BY THE DEPARTMENT OF STATE. THE
DEPARTMENT OF STATE MAY REVOKE THE REGISTRATION OF A SHORT-TERM RENTAL
HOST UPON A DETERMINATION THAT THE SHORT-TERM RENTAL HOST HAS VIOLATED
ANY PROVISION OF THIS ARTICLE AT LEAST THREE TIMES IN TWO CALENDAR
YEARS, AND MAY DETERMINE THAT THE SHORT-TERM RENTAL HOST SHALL BE INELI-
GIBLE FOR REGISTRATION FOR A PERIOD OF UP TO TWELVE MONTHS FROM THE DATE
OF SUCH DETERMINATION OR AT THE REQUEST OF A MUNICIPALITY WHEN SUCH
MUNICIPALITY REQUESTS SUCH REVOCATION DUE TO ILLEGAL OCCUPANCY. LISTING
OR USING A DWELLING UNIT, OR PORTION THEREOF, AS A SHORT-TERM RESIDEN-
TIAL RENTAL UNIT WITHOUT CURRENT, VALID REGISTRATION SHALL BE UNLAWFUL
AND SHALL MAKE PERSONS WHO LIST OR USE SUCH UNIT INELIGIBLE FOR REGIS-
TRATION FOR A PERIOD OF TWELVE MONTHS FROM THE DATE A DETERMINATION IS
MADE THAT A VIOLATION HAS OCCURRED.
(B) A SHORT-TERM RENTAL HOST SHALL INCLUDE THEIR CURRENT, VALID REGIS-
TRATION NUMBER ON ALL OFFERINGS, LISTINGS OR ADVERTISEMENTS FOR SHORT-
TERM RENTAL GUEST STAYS.
(C) A TENANT, OR OTHER PERSON THAT DOES NOT OWN A UNIT THAT IS USED AS
A SHORT-TERM RENTAL UNIT BUT IS IN VALID LEGAL POSSESSION OF A SHORT-
TERM RESIDENTIAL RENTAL UNIT, SHALL NOT QUALIFY FOR REGISTRATION IF THEY
ARE NOT THE PERMANENT OCCUPANT OF THE DWELLING UNIT IN QUESTION AND HAVE
NOT BEEN GRANTED PERMISSION IN WRITING BY THE OWNER FOR ITS SHORT-TERM
RENTAL, TO BE VERIFIED BY THE DEPARTMENT OF STATE OR ANY MUNICIPALITY
WITH ITS OWN REGISTRATION SYSTEM.
(D) THE DEPARTMENT OF STATE SHALL MAKE AVAILABLE TO PLATFORMS THE
DATA NECESSARY TO ALLOW BOOKING PLATFORMS TO VERIFY THE REGISTRATION
STATUS OF A SHORT-TERM RESIDENTIAL RENTAL UNIT AND THAT THE UNIT IS
ASSOCIATED WITH THE SHORT-TERM RENTAL HOST WHO REGISTERED THE UNIT.
(E) THE SHORT-TERM RENTAL HOST SHALL PAY APPLICATION AND RENEWAL FEES
IN AN AMOUNT TO BE ESTABLISHED BY THE DEPARTMENT OF STATE.
(F) THERE SHALL BE A FEE FOR THE USE OF THE ELECTRONIC VERIFICATION
SYSTEM IN AN AMOUNT TO BE ESTABLISHED BY THE DEPARTMENT OF STATE. SUCH
FEE SHALL NOT EXCEED THE COST TO BUILD, OPERATE, AND MAINTAIN SUCH
SYSTEM.
2. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW OR ADMINISTRATIVE
ACTION TO THE CONTRARY, IT SHALL BE UNLAWFUL FOR A BOOKING SERVICE TO
COLLECT A FEE FOR FACILITATING BOOKING TRANSACTIONS FOR SHORT-TERM RESI-
DENTIAL RENTAL UNITS LOCATED IN THIS STATE WITHOUT FIRST REGISTERING
WITH THE DEPARTMENT OF STATE. ACCORDINGLY, BOOKING SERVICES SHALL ADHERE
TO THE FOLLOWING, IN ADDITION TO OTHER REGULATIONS ESTABLISHED BY THE
DEPARTMENT, AS CONDITIONS OF SUCH REGISTRATION:
(A) BOOKING SERVICES SHALL PROVIDE TO THE DEPARTMENT ON A QUARTERLY
BASIS, IN A FORM AND MANNER TO BE DETERMINED BY THE DEPARTMENT, THE
REPORT DEVELOPED AND MAINTAINED BY THE BOOKING SERVICE IN ACCORDANCE
WITH SUBDIVISION FOUR OF SECTION TWENTY-ONE OF THIS ARTICLE. THE DEPART-
MENT SHALL SHARE THIS REPORT WITH COUNTY, CITY, TOWN, OR VILLAGE GOVERN-
MENTS AND SHALL MAKE SUCH REPORTS AVAILABLE TO LOCAL MUNICIPAL ENFORCE-
MENT AGENCIES WHEN LAWFULLY REQUESTED.
(B) A BOOKING SERVICE SHALL PROVIDE AGREEMENT IN WRITING TO THE
DEPARTMENT THAT IT WILL:
(I) OBTAIN WRITTEN CONSENT FROM ALL SHORT-TERM RENTAL HOSTS INTENDING
TO UTILIZE THEIR PLATFORM, FOR SHORT-TERM RESIDENTIAL RENTAL UNITS
LOCATED IN THIS STATE, FOR THE DISCLOSURE OF THE INFORMATION PURSUANT TO
S. 885--B 5
SUBDIVISION FOUR OF SECTION TWENTY-ONE OF THIS ARTICLE, IN ACCORDANCE
WITH PARAGRAPH (A) OF THIS SUBDIVISION; AND
(II) FURNISH THE INFORMATION IDENTIFIED PURSUANT TO SUBDIVISION FOUR
OF SECTION TWENTY-ONE OF THIS ARTICLE, IN ACCORDANCE WITH PARAGRAPH (A)
OF THIS SUBDIVISION.
3. THE DEPARTMENT OF STATE SHALL SET A FEE FOR SHORT-TERM RESIDENTIAL
RENTAL UNIT AND BOOKING SERVICE REGISTRATION WITH THE DEPARTMENT.
§ 23. EXCEPTIONS. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO
THE CONTRARY, THIS ARTICLE SHALL NOT APPLY TO:
1. INCIDENTAL AND OCCASIONAL OCCUPANCY OF SUCH DWELLING UNIT FOR
FEWER THAN THIRTY CONSECUTIVE DAYS BY OTHER 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
2. A MUNICIPALITY WHICH DOES NOT ALLOW SHORT-TERM RESIDENTIAL RENTALS;
PROVIDED, HOWEVER, THAT SUCH MUNICIPALITY SHALL REQUEST AN EXCEPTION
FROM THIS ARTICLE; OR
3. TEMPORARY HOUSING OR LODGING PERMITTED BY THE DEPARTMENT OF HEALTH.
§ 24. PENALTIES. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO
THE CONTRARY:
1. ANY BOOKING SERVICE WHICH COLLECTS A FEE RELATED TO BOOKING A UNIT
AS A SHORT-TERM RENTAL, WHERE SUCH UNIT IS NOT REGISTERED IN ACCORDANCE
WITH THIS ARTICLE, SHALL BE FINED IN ACCORDANCE WITH SUBDIVISIONS FOUR
AND FIVE OF THIS SECTION. THE SECRETARY OF STATE OR THEIR DESIGNEE MAY
ALSO SEEK AN INJUNCTION FROM A COURT OF COMPETENT JURISDICTION PROHIBIT-
ING THE COLLECTION OF ANY FEES RELATING TO THE OFFERING OR RENTING OF
THE UNIT AS A SHORT-TERM RESIDENTIAL RENTAL.
2. ANY PERSON WHO OFFERS A SHORT-TERM RESIDENTIAL RENTAL UNIT WITHOUT
REGISTERING WITH THE DEPARTMENT OF STATE OR MUNICIPAL REGISTRATION
SYSTEM, OR ANY PERSON WHO OFFERS AN ELIGIBLE SHORT-TERM RESIDENTIAL
RENTAL UNIT AS A SHORT-TERM RENTAL WHILE THE UNIT'S REGISTRATION ON THE
SHORT-TERM RESIDENTIAL RENTAL UNIT REGISTRY IS SUSPENDED, SHALL BE FINED
IN ACCORDANCE WITH SUBDIVISIONS FOUR AND FIVE OF THIS SECTION.
3. ANY PERSON WHO FAILS TO COMPLY WITH ANY NOTICE OF VIOLATION OR
OTHER ORDER ISSUED PURSUANT TO THIS ARTICLE BY THE DEPARTMENT OF STATE
FOR A VIOLATION OF ANY PROVISION OF THIS ARTICLE SHALL BE FINED IN
ACCORDANCE WITH SUBDIVISIONS FOUR AND FIVE OF THIS SECTION.
4. IN A MUNICIPALITY THAT DOES NOT HAVE ITS OWN REGISTRATION SYSTEM, A
SHORT-TERM RENTAL HOST THAT VIOLATES THE REQUIREMENTS OF THIS ARTICLE
SHALL RECEIVE A WARNING NOTICE ISSUED, WITHOUT PENALTY, BY THE DEPART-
MENT OF STATE UPON THE FIRST AND SECOND VIOLATION. THE WARNING NOTICE
SHALL DETAIL ACTIONS TO BE TAKEN TO CURE THE VIOLATION. A TWO HUNDRED
DOLLAR FINE SHALL BE IMPOSED UPON THE THIRD VIOLATION. A ONE THOUSAND
DOLLAR FINE PER DAY SHALL BE IMPOSED UPON ALL SUBSEQUENT VIOLATIONS.
UPON THE OCCURRENCE OF A VIOLATION, A SEVEN-DAY PERIOD TO CURE THE
VIOLATION SHALL BE GRANTED. DURING SUCH PERIOD, NO FURTHER FINES SHALL
BE ACCUMULATED AGAINST THE SHORT-TERM RENTAL HOST, EXCEPT WHERE THE NEW
VIOLATION IS RELATED TO A DIFFERENT SHORT-TERM RENTAL UNIT.
5. IN A MUNICIPALITY THAT DOES NOT HAVE ITS OWN REGISTRATION SYSTEM, A
BOOKING SERVICE THAT VIOLATES THE REQUIREMENTS OF THIS ARTICLE SHALL BE
ISSUED A FIVE HUNDRED DOLLAR FINE PER DAY, PER VIOLATION, UNTIL SUCH
VIOLATION IS CURED.
6. IN A MUNICIPALITY THAT HAS ITS OWN REGISTRATION SYSTEM, THE MUNICI-
PALITY MAY ESTABLISH AND EFFECTUATE ITS OWN PENALTY SYSTEM.
§ 24-A. ENFORCEMENT. 1. THE PROVISIONS OF THIS ARTICLE MAY BE ENFORCED
IN ACCORDANCE WITH ARTICLE EIGHT OF THIS CHAPTER.
S. 885--B 6
2. THE DEPARTMENT OF STATE MAY ENTER INTO AGREEMENTS WITH A BOOKING
SERVICE FOR ASSISTANCE IN ENFORCING THE PROVISIONS OF THIS SECTION,
INCLUDING BUT NOT LIMITED TO AN AGREEMENT WHEREBY THE BOOKING SERVICE
AGREES TO REMOVE A LISTING FROM ITS PLATFORM THAT IS DEEMED INELIGIBLE
FOR USE AS A SHORT-TERM RESIDENTIAL RENTAL UNIT UNDER THE PROVISIONS OF
THIS ARTICLE, AND WHEREBY THE BOOKING SERVICE AGREES TO PROHIBIT A
SHORT-TERM RENTAL HOST FROM LISTING ANY LISTING WITHOUT A VALID REGIS-
TRATION NUMBER.
3. THE ATTORNEY GENERAL SHALL BE AUTHORIZED TO BRING AN ACTION FOR A
VIOLATION OF THIS ARTICLE FOR ANY SUCH VIOLATIONS OCCURRING IN THE
STATE, REGARDLESS OF THE REGISTRATION SYSTEM IN PLACE WITHIN THE APPLI-
CABLE JURISDICTION.
4. A MUNICIPALITY SHALL BE ENTITLED TO BRING AN ACTION FOR A VIOLATION
OF THIS ARTICLE FOR ANY SUCH VIOLATIONS OF THIS ARTICLE OCCURRING IN THE
MUNICIPALITY, AND MAY NOTIFY THE ATTORNEY GENERAL.
§ 24-B. DATA SHARING. BOOKING SERVICES SHALL PROVIDE TO THE DEPART-
MENT OF STATE AND MUNICIPALITIES, ON A MONTHLY BASIS, AN ELECTRONIC
REPORT, IN A FORMAT DETERMINED BY THE DEPARTMENT OF STATE OF THE LIST-
INGS MAINTAINED, AUTHORIZED, FACILITATED OR ADVERTISED BY THE BOOKING
SERVICE WITHIN THE STATE FOR THE APPLICABLE REPORTING PERIOD. THE REPORT
SHALL INCLUDE THE REGISTRATION NUMBER, AND A BREAKDOWN OF WHERE THE
LISTINGS ARE LOCATED, WHETHER THE LISTING IS FOR A PARTIAL UNIT OR A
WHOLE UNIT, AND SHALL INCLUDE THE NUMBER OF NIGHTS EACH UNIT WAS
REPORTED AS OCCUPIED DURING THE APPLICABLE REPORTING PERIOD.
§ 2. The multiple dwelling law is amended by adding a new article 2-A
to read as follows:
ARTICLE 2-A
SHORT-TERM RESIDENTIAL RENTAL UNITS
SECTION 20. DEFINITIONS.
21. SHORT-TERM RESIDENTIAL RENTAL UNITS; REGULATION.
22. REGISTRATION.
23. EXCEPTIONS.
24. PENALTIES.
24-A. ENFORCEMENT.
24-B. DATA SHARING.
§ 20. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "SHORT-TERM RESIDENTIAL RENTAL UNIT" MEANS AN ENTIRE DWELLING UNIT,
OR A ROOM, GROUP OF ROOMS, OTHER LIVING OR SLEEPING SPACE, OR ANY OTHER
SPACE WITHIN A DWELLING, MADE AVAILABLE FOR RENT BY GUESTS FOR LESS THAN
THIRTY CONSECUTIVE DAYS, WHERE THE UNIT IS OFFERED FOR TOURIST OR TRAN-
SIENT USE BY THE SHORT-TERM RENTAL HOST OF THE RESIDENTIAL UNIT.
2. "SHORT-TERM RENTAL HOST" MEANS A PERSON OR ENTITY IN VALID LEGAL
POSSESSION OF A SHORT-TERM RENTAL UNIT WHO RENTS SUCH UNIT TO GUESTS.
3. "BOOKING SERVICE" MEANS A PERSON OR ENTITY WHO, DIRECTLY OR INDI-
RECTLY:
(A) PROVIDES ONE OR MORE ONLINE, COMPUTER OR APPLICATION-BASED PLAT-
FORMS THAT INDIVIDUALLY OR COLLECTIVELY CAN BE USED TO:
(I) LIST OR ADVERTISE OFFERS FOR SHORT-TERM RENTALS, AND
(II) EITHER ACCEPT SUCH OFFERS, OR RESERVE OR PAY FOR SUCH RENTALS;
AND
(B) CHARGES, COLLECTS OR RECEIVES A FEE FOR THE USE OF SUCH A PLATFORM
OR FOR PROVISION OF ANY SERVICE IN CONNECTION WITH A SHORT-TERM RENTAL.
A BOOKING SERVICE SHALL NOT BE CONSTRUED TO INCLUDE A PLATFORM THAT
SOLELY LISTS OR ADVERTISES OFFERS FOR SHORT-TERM RENTALS.
S. 885--B 7
§ 21. SHORT-TERM RESIDENTIAL RENTAL UNITS; REGULATION. 1. A SHORT-TERM
RENTAL HOST MAY OPERATE A DWELLING UNIT AS A SHORT-TERM RESIDENTIAL
RENTAL UNIT PROVIDED SUCH DWELLING UNIT:
(A) IS REGISTERED IN ACCORDANCE WITH SECTION TWENTY-TWO OF THIS ARTI-
CLE;
(B) IS NOT USED TO PROVIDE SINGLE ROOM OCCUPANCY AS DEFINED BY SUBDI-
VISION SIXTEEN OF SECTION FOUR OF THIS CHAPTER;
(C) INCLUDES A CONSPICUOUSLY POSTED EVACUATION DIAGRAM IDENTIFYING ALL
MEANS OF EGRESS FROM THE UNIT AND THE BUILDING IN WHICH IT IS LOCATED;
(D) INCLUDES A CONSPICUOUSLY POSTED LIST OF EMERGENCY PHONE NUMBERS
FOR POLICE, FIRE, AND POISON CONTROL;
(E) HAS A WORKING FIRE-EXTINGUISHER; AND
(F) IS INSURED BY AN INSURER LICENSED TO WRITE INSURANCE IN THIS STATE
OR PROCURED BY A DULY LICENSED EXCESS LINE BROKER PURSUANT TO SECTION
TWO THOUSAND ONE HUNDRED EIGHTEEN OF THE INSURANCE LAW FOR AT LEAST THE
VALUE OF THE DWELLING, PLUS A MINIMUM OF THREE HUNDRED THOUSAND DOLLARS
COVERAGE FOR THIRD PARTY CLAIMS OF PROPERTY DAMAGE OR BODILY INJURY THAT
ARISE OUT OF THE OPERATION OF A SHORT-TERM RENTAL UNIT. NOTWITHSTANDING
ANY OTHER PROVISION OF LAW, NO INSURER SHALL BE REQUIRED TO PROVIDE SUCH
COVERAGE.
2. OCCUPANCIES OF A SHORT-TERM RENTAL UNIT SHALL BE SUBJECT TO TAXES
AND FEES PURSUANT TO ARTICLES TWENTY-EIGHT AND TWENTY-NINE OF THE TAX
LAW AND APPLICABLE LOCAL LAWS.
3. SHORT-TERM RENTAL HOSTS SHALL MAINTAIN RECORDS RELATED TO GUEST
STAYS FOR TWO YEARS FOLLOWING THE END OF THE CALENDAR YEAR IN WHICH AN
INDIVIDUAL RENTAL STAY OCCURRED, INCLUDING THE DATE OF EACH STAY AND
NUMBER OF GUESTS, THE COST FOR EACH STAY, INCLUDING RELEVANT TAX, AND
RECORDS RELATED TO THEIR REGISTRATION AS SHORT-TERM RENTAL HOSTS WITH
THE DEPARTMENT OF STATE. AS A REQUIREMENT FOR REGISTRATION UNDER SECTION
TWENTY-TWO OF THIS ARTICLE, HOSTS SHALL PROVIDE THESE RECORDS TO THE
DEPARTMENT OF STATE ON AN ANNUAL BASIS. THE DEPARTMENT SHALL SHARE THIS
REPORT WITH COUNTY, CITY, TOWN, OR VILLAGE GOVERNMENTS AND SHALL MAKE
SUCH REPORTS AVAILABLE TO LOCAL MUNICIPAL ENFORCEMENT AGENCIES UPON
REQUEST. WHERE THE BOOKING PLATFORM IS THE SHORT-TERM RENTAL HOST, THE
SHORT-TERM RENTAL HOST MAY BE EXEMPT FROM PROVIDING SUCH REPORT PROVIDED
THAT THE BOOKING PLATFORM INCLUDES ALL NECESSARY INFORMATION REQUIRED OF
A SHORT-TERM RENTAL HOST IN THE REPORT REQUIRED PURSUANT TO SUBDIVISION
FOUR OF THIS SECTION.
4. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW OR ADMINISTRATIVE
ACTION TO THE CONTRARY, BOOKING SERVICES SHALL DEVELOP AND MAINTAIN A
REPORT RELATED TO SHORT-TERM RENTAL UNIT GUEST STAYS THAT THE BOOKING
SERVICE HAS FACILITATED IN THE STATE FOR TWO YEARS FOLLOWING THE END OF
THE CALENDAR YEAR IN WHICH AN INDIVIDUAL RENTAL STAY OCCURRED. THE
REPORT SHALL INCLUDE THE DATES OF EACH STAY AND THE NUMBER OF GUESTS,
THE COST FOR EACH STAY, INCLUDING RELEVANT TAX, THE PHYSICAL ADDRESS,
INCLUDING ANY UNIT DESIGNATION, OF EACH SHORT-TERM RENTAL UNIT BOOKED,
THE FULL LEGAL NAME OF EACH SHORT-TERM RENTAL UNIT'S HOST, AND EACH
SHORT-TERM RENTAL UNIT'S REGISTRATION NUMBER. IN THE EVENT A BOOKING
SERVICE DOES NOT ADHERE TO SUBDIVISION TWO OF SECTION TWENTY-TWO OF THIS
ARTICLE, OR MORE INFORMATION IS DEEMED NECESSARY BY THE DEPARTMENT OF
STATE, THE DEPARTMENT MAY ACCESS THIS REPORT AND/OR ALL RELEVANT RECORDS
FROM A BOOKING SERVICE IN RESPONSE TO VALID LEGAL PROCESS. THE DEPART-
MENT SHALL SHARE THIS REPORT AND/OR RECORDS WITH COUNTY, CITY, TOWN, OR
VILLAGE GOVERNMENTS AND SHALL MAKE SUCH REPORTS AVAILABLE TO LOCAL
MUNICIPAL ENFORCEMENT AGENCIES WHEN LAWFULLY REQUESTED. REPORTS AND ANY
RECORDS PROVIDED TO GENERATE SUCH REPORTS SHALL NOT BE MADE PUBLICLY
S. 885--B 8
AVAILABLE WITHOUT THE REDACTION OF THE FULL LEGAL NAME OF EACH SHORT-
TERM RENTAL UNIT'S HOST, THE STREET NAME AND NUMBER OF THE PHYSICAL
ADDRESS OF ANY IDENTIFIED SHORT-TERM RENTAL UNIT AND THE UNIT'S REGIS-
TRATION NUMBER.
5. IT SHALL BE UNLAWFUL FOR A BOOKING SERVICE TO COLLECT A FEE FOR
FACILITATING BOOKING TRANSACTIONS FOR SHORT-TERM RESIDENTIAL RENTAL
UNITS LOCATED IN THIS STATE IF THE SHORT-TERM RENTAL UNIT AND ITS OWNER
OR TENANT HAVE NOT BEEN ISSUED A CURRENT, VALID REGISTRATION BY THE
DEPARTMENT OF STATE OR AN APPLICABLE MUNICIPALITY.
6. THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO ALL SHORT-TERM RESI-
DENTIAL RENTAL UNITS IN THE STATE; PROVIDED, HOWEVER, THAT A MUNICI-
PALITY THAT HAS ITS OWN SHORT-TERM RESIDENTIAL RENTAL UNIT REGISTRY MAY
CONTINUE SUCH REGISTRY AND ALL SHORT-TERM RESIDENTIAL RENTAL UNITS IN
SUCH MUNICIPALITY SHALL BE REQUIRED TO BE REGISTERED WITH SUCH MUNICIPAL
REGISTRY AND SHALL NOT BE REQUIRED TO REGISTER WITH THE DEPARTMENT OF
STATE. MUNICIPALITIES WITH SHORT-TERM RESIDENTIAL RENTAL REGISTRIES
SHALL ESTABLISH AND EFFECTUATE STANDARDS FOR THE HEALTH AND SAFETY OF
GUESTS, INCLUDING, BUT NOT LIMITED TO, THE STANDARDS ESTABLISHED IN
PARAGRAPHS (C), (D) AND (E) OF SUBDIVISION ONE OF THIS SECTION. MUNICI-
PALITIES WITH SHORT-TERM RESIDENTIAL RENTAL UNIT REGISTRIES SHALL MAIN-
TAIN THE AUTHORITY TO MANAGE SUCH REGISTRIES AND TO COLLECT FINES FOR
VIOLATIONS RELATED TO THE REGISTRATION OF SHORT-TERM RESIDENTIAL RENTAL
UNITS. MUNICIPALITIES WITH SHORT-TERM RESIDENTIAL RENTAL UNIT REGISTRIES
SHALL PROVIDE INFORMATION ON SHORT-TERM RESIDENTIAL RENTAL UNITS REGIS-
TERED WITHIN SUCH MUNICIPALITY TO THE DEPARTMENT OF STATE, ON A QUARTER-
LY BASIS OF EACH CALENDAR YEAR IN ORDER FOR THE DEPARTMENT TO MAINTAIN A
CURRENT DATABASE OF ALL SHORT-TERM RESIDENTIAL UNITS REGISTERED WITHIN
THE STATE. MUNICIPALITIES WITH SHORT-TERM RESIDENTIAL RENTAL UNIT REGIS-
TRIES SHALL NOT BE SUBJECT TO THE REGULATION REQUIREMENTS OF THIS
SECTION AND MAY ESTABLISH REGISTRATION REQUIREMENTS AND REGULATIONS IN
SUCH MUNICIPALITY WHICH MAY DIFFER FROM THE REQUIREMENTS OF THIS
SECTION.
§ 22. REGISTRATION. 1. SHORT-TERM RENTAL HOSTS SHALL BE REQUIRED TO
REGISTER A SHORT-TERM RESIDENTIAL RENTAL UNIT WITH THE DEPARTMENT OF
STATE OR WITH THE MUNICIPALITY WHERE SUCH SHORT-TERM RESIDENTIAL UNIT IS
LOCATED IF SUCH MUNICIPALITY HAS A REGISTRATION SYSTEM; PROVIDED, HOWEV-
ER, THAT THE DEPARTMENT OF STATE SHALL NOT ACCEPT AN APPLICATION TO
REGISTER A SHORT-TERM RESIDENTIAL RENTAL UNIT FOR A UNIT THAT IS LOCATED
IN A MUNICIPALITY WHICH HAS ITS OWN REGISTRATION SYSTEM AND THAT HAS
NOTIFIED THE DEPARTMENT OF STATE OF SUCH REGISTRATION SYSTEM. WHERE A
SHORT-TERM RENTAL IS LOCATED IN A JURISDICTION THAT HAS MULTIPLE MUNICI-
PAL REGISTRATION SYSTEMS, THE HOST SHALL SELECT ONLY ONE SUCH MUNICIPAL
REGISTRATION SYSTEM TO REGISTER UNDER. NO MUNICIPALITY SHALL REQUIRE A
HOST TO REGISTER UNDER THEIR REGISTRATION SYSTEM WHERE A HOST IS
LAWFULLY REGISTERED WITH ANOTHER MUNICIPAL REGISTRATION SYSTEM.
(A) REGISTRATION WITH THE DEPARTMENT OF STATE SHALL BE VALID FOR TWO
YEARS, AFTER WHICH TIME THE SHORT-TERM RENTAL HOST MAY RENEW HIS OR HER
REGISTRATION IN A MANNER PRESCRIBED BY THE DEPARTMENT OF STATE. THE
DEPARTMENT OF STATE MAY REVOKE THE REGISTRATION OF A SHORT-TERM RENTAL
HOST UPON A DETERMINATION THAT THE SHORT-TERM RENTAL HOST HAS VIOLATED
ANY PROVISION OF THIS ARTICLE AT LEAST THREE TIMES IN TWO CALENDAR
YEARS, AND MAY DETERMINE THAT THE SHORT-TERM RENTAL HOST SHALL BE INELI-
GIBLE FOR REGISTRATION FOR A PERIOD OF UP TO TWELVE MONTHS FROM THE DATE
OF SUCH DETERMINATION OR AT THE REQUEST OF A MUNICIPALITY WHEN SUCH
MUNICIPALITY REQUESTS SUCH REVOCATION DUE TO ILLEGAL OCCUPANCY. LISTING
OR USING A DWELLING UNIT, OR PORTION THEREOF, AS A SHORT-TERM RESIDEN-
S. 885--B 9
TIAL RENTAL UNIT WITHOUT CURRENT, VALID REGISTRATION SHALL BE UNLAWFUL
AND SHALL MAKE PERSONS WHO LIST OR USE SUCH UNIT INELIGIBLE FOR REGIS-
TRATION FOR A PERIOD OF TWELVE MONTHS FROM THE DATE A DETERMINATION IS
MADE THAT A VIOLATION HAS OCCURRED.
(B) A SHORT-TERM RENTAL HOST SHALL INCLUDE THEIR CURRENT, VALID REGIS-
TRATION NUMBER ON ALL OFFERINGS, LISTINGS OR ADVERTISEMENTS FOR SHORT-
TERM RENTAL GUEST STAYS.
(C) A TENANT, OR OTHER PERSON THAT DOES NOT OWN A UNIT THAT IS USED AS
A SHORT-TERM RENTAL UNIT BUT IS IN VALID LEGAL POSSESSION OF A SHORT-
TERM RESIDENTIAL RENTAL UNIT, SHALL NOT QUALIFY FOR REGISTRATION IF THEY
ARE NOT THE PERMANENT OCCUPANT OF THE DWELLING UNIT IN QUESTION AND HAVE
NOT BEEN GRANTED PERMISSION IN WRITING BY THE OWNER FOR ITS SHORT-TERM
RENTAL, TO BE VERIFIED BY THE DEPARTMENT OF STATE OR ANY MUNICIPALITY
WITH ITS OWN REGISTRATION SYSTEM.
(D) THE DEPARTMENT OF STATE SHALL MAKE AVAILABLE TO PLATFORMS THE DATA
NECESSARY TO ALLOW BOOKING PLATFORMS TO VERIFY THE REGISTRATION STATUS
OF A SHORT-TERM RESIDENTIAL RENTAL UNIT AND THAT THE UNIT IS ASSOCIATED
WITH THE SHORT-TERM RENTAL HOST WHO REGISTERED THE UNIT.
(E) THE SHORT-TERM RENTAL HOST SHALL PAY APPLICATION AND RENEWAL FEES
IN AN AMOUNT TO BE ESTABLISHED BY THE DEPARTMENT OF STATE.
(F) THERE SHALL BE A FEE FOR THE USE OF THE ELECTRONIC VERIFICATION
SYSTEM IN AN AMOUNT TO BE ESTABLISHED BY THE DEPARTMENT OF STATE. SUCH
FEE SHALL NOT EXCEED THE COST TO BUILD, OPERATE, AND MAINTAIN SUCH
SYSTEM.
2. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW OR ADMINISTRATIVE
ACTION TO THE CONTRARY, IT SHALL BE UNLAWFUL FOR A BOOKING SERVICE TO
COLLECT A FEE FOR FACILITATING BOOKING TRANSACTIONS FOR SHORT-TERM RESI-
DENTIAL RENTAL UNITS LOCATED IN THIS STATE WITHOUT FIRST REGISTERING
WITH THE DEPARTMENT OF STATE. ACCORDINGLY, BOOKING SERVICES SHALL ADHERE
TO THE FOLLOWING, IN ADDITION TO OTHER REGULATIONS ESTABLISHED BY THE
DEPARTMENT, AS CONDITIONS OF SUCH REGISTRATION:
(A) BOOKING SERVICES SHALL PROVIDE TO THE DEPARTMENT ON A QUARTERLY
BASIS, IN A FORM AND MANNER TO BE DETERMINED BY THE DEPARTMENT, THE
REPORT DEVELOPED AND MAINTAINED BY THE BOOKING SERVICE IN ACCORDANCE
WITH SUBDIVISION FOUR OF SECTION TWENTY-ONE OF THIS ARTICLE. THE DEPART-
MENT SHALL SHARE THIS REPORT WITH COUNTY, CITY, TOWN, OR VILLAGE GOVERN-
MENTS AND SHALL MAKE SUCH REPORTS AVAILABLE TO LOCAL MUNICIPAL ENFORCE-
MENT AGENCIES WHEN LAWFULLY REQUESTED.
(B) A BOOKING SERVICE SHALL PROVIDE AGREEMENT IN WRITING TO THE
DEPARTMENT THAT IT WILL:
(I) OBTAIN WRITTEN CONSENT FROM ALL SHORT-TERM RENTAL HOSTS INTENDING
TO UTILIZE THEIR PLATFORM, FOR SHORT-TERM RESIDENTIAL RENTAL UNITS
LOCATED IN THIS STATE, FOR THE DISCLOSURE OF THE INFORMATION PURSUANT TO
SUBDIVISION FOUR OF SECTION TWENTY-ONE OF THIS ARTICLE, IN ACCORDANCE
WITH PARAGRAPH (A) OF THIS SUBDIVISION; AND
(II) FURNISH THE INFORMATION IDENTIFIED PURSUANT TO SUBDIVISION FOUR
OF SECTION TWENTY-ONE OF THIS ARTICLE, IN ACCORDANCE WITH PARAGRAPH (A)
OF THIS SUBDIVISION.
3. THE DEPARTMENT OF STATE SHALL SET A FEE FOR SHORT-TERM RESIDENTIAL
RENTAL UNIT AND BOOKING SERVICE REGISTRATION WITH THE DEPARTMENT.
§ 23. EXCEPTIONS. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO
THE CONTRARY, THIS ARTICLE SHALL NOT APPLY TO:
1. INCIDENTAL AND OCCASIONAL OCCUPANCY OF SUCH DWELLING UNIT FOR FEWER
THAN THIRTY CONSECUTIVE DAYS BY OTHER PERSONS WHEN THE PERMANENT OCCU-
PANTS ARE TEMPORARILY ABSENT FOR PERSONAL REASONS, SUCH AS VACATION OR
S. 885--B 10
MEDICAL TREATMENT, PROVIDED THAT THERE IS NO MONETARY COMPENSATION PAID
TO THE PERMANENT OCCUPANTS FOR SUCH OCCUPANCY; OR
2. A MUNICIPALITY WHICH DOES NOT ALLOW SHORT-TERM RESIDENTIAL RENTALS;
PROVIDED, HOWEVER, THAT SUCH MUNICIPALITY SHALL REQUEST AN EXCEPTION
FROM THIS ARTICLE; OR
3. TEMPORARY HOUSING OR LODGING PERMITTED BY THE DEPARTMENT OF HEALTH.
§ 24. PENALTIES. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO
THE CONTRARY:
1. ANY BOOKING SERVICE WHICH COLLECTS A FEE RELATED TO BOOKING A UNIT
AS A SHORT-TERM RENTAL, WHERE SUCH UNIT IS NOT REGISTERED IN ACCORDANCE
WITH THIS ARTICLE, SHALL BE FINED IN ACCORDANCE WITH SUBDIVISIONS FOUR
AND FIVE OF THIS SECTION. THE SECRETARY OF STATE OR THEIR DESIGNEE MAY
ALSO SEEK AN INJUNCTION FROM A COURT OF COMPETENT JURISDICTION PROHIBIT-
ING THE COLLECTION OF ANY FEES RELATING TO THE OFFERING OR RENTING OF
THE UNIT AS A SHORT-TERM RESIDENTIAL RENTAL.
2. ANY PERSON WHO OFFERS A SHORT-TERM RESIDENTIAL RENTAL UNIT WITHOUT
REGISTERING WITH THE DEPARTMENT OF STATE OR MUNICIPAL REGISTRATION
SYSTEM, OR ANY PERSON WHO OFFERS AN ELIGIBLE SHORT-TERM RESIDENTIAL
RENTAL UNIT AS A SHORT-TERM RENTAL WHILE THE UNIT'S REGISTRATION ON THE
SHORT-TERM RESIDENTIAL RENTAL UNIT REGISTRY IS SUSPENDED, SHALL BE FINED
IN ACCORDANCE WITH SUBDIVISIONS FOUR AND FIVE OF THIS SECTION.
3. ANY PERSON WHO FAILS TO COMPLY WITH ANY NOTICE OF VIOLATION OR
OTHER ORDER ISSUED PURSUANT TO THIS ARTICLE BY THE DEPARTMENT OF STATE
FOR A VIOLATION OF ANY PROVISION OF THIS ARTICLE SHALL BE FINED IN
ACCORDANCE WITH SUBDIVISIONS FOUR AND FIVE OF THIS SECTION.
4. IN A MUNICIPALITY THAT DOES NOT HAVE ITS OWN REGISTRATION SYSTEM, A
SHORT-TERM RENTAL HOST THAT VIOLATES THE REQUIREMENTS OF THIS ARTICLE
SHALL RECEIVE A WARNING NOTICE ISSUED, WITHOUT PENALTY, BY THE DEPART-
MENT OF STATE UPON THE FIRST AND SECOND VIOLATION. THE WARNING NOTICE
SHALL DETAIL ACTIONS TO BE TAKEN TO CURE THE VIOLATION. A TWO HUNDRED
DOLLAR FINE SHALL BE IMPOSED UPON THE THIRD VIOLATION. A ONE THOUSAND
DOLLAR FINE PER DAY SHALL BE IMPOSED UPON ALL SUBSEQUENT VIOLATIONS.
UPON THE OCCURRENCE OF A VIOLATION, A SEVEN-DAY PERIOD TO CURE THE
VIOLATION SHALL BE GRANTED. DURING SUCH PERIOD, NO FURTHER FINES SHALL
BE ACCUMULATED AGAINST THE SHORT-TERM RENTAL HOST, EXCEPT WHERE THE NEW
VIOLATION IS RELATED TO A DIFFERENT SHORT-TERM RENTAL UNIT.
5. IN A MUNICIPALITY THAT DOES NOT HAVE ITS OWN REGISTRATION SYSTEM, A
BOOKING SERVICE THAT VIOLATES THE REQUIREMENTS OF THIS ARTICLE SHALL BE
ISSUED A FIVE HUNDRED DOLLAR FINE PER DAY, PER VIOLATION, UNTIL THE
VIOLATION IS CURED.
6. IN A MUNICIPALITY THAT HAS ITS OWN REGISTRATION SYSTEM, THE MUNICI-
PALITY MAY ESTABLISH AND EFFECTUATE ITS OWN PENALTY SYSTEM.
§ 24-A. ENFORCEMENT. 1. THE PROVISIONS OF THIS ARTICLE MAY BE ENFORCED
IN ACCORDANCE WITH ARTICLE EIGHT OF THIS CHAPTER.
2. THE DEPARTMENT OF STATE MAY ENTER INTO AGREEMENTS WITH A BOOKING
SERVICE FOR ASSISTANCE IN ENFORCING THE PROVISIONS OF THIS SECTION,
INCLUDING BUT NOT LIMITED TO AN AGREEMENT WHEREBY THE BOOKING SERVICE
AGREES TO REMOVE A LISTING FROM ITS PLATFORM THAT IS DEEMED INELIGIBLE
FOR USE AS A SHORT-TERM RESIDENTIAL RENTAL UNIT UNDER THE PROVISIONS OF
THIS ARTICLE, AND WHEREBY THE BOOKING SERVICE AGREES TO PROHIBIT A
SHORT-TERM RENTAL HOST FROM LISTING ANY LISTING WITHOUT A VALID REGIS-
TRATION NUMBER.
3. THE ATTORNEY GENERAL SHALL BE AUTHORIZED TO BRING AN ACTION FOR A
VIOLATION OF THIS ARTICLE FOR ANY SUCH VIOLATIONS OCCURRING IN THE
STATE, REGARDLESS OF THE REGISTRATION SYSTEM IN PLACE WITHIN THE APPLI-
CABLE JURISDICTION.
S. 885--B 11
4. A MUNICIPALITY SHALL BE ENTITLED TO BRING AN ACTION FOR A VIOLATION
OF THIS ARTICLE FOR ANY SUCH VIOLATIONS OF THIS ARTICLE OCCURRING IN THE
MUNICIPALITY, AND MAY NOTIFY THE ATTORNEY GENERAL.
§ 24-B. DATA SHARING. BOOKING SERVICES SHALL PROVIDE TO THE DEPARTMENT
OF STATE AND MUNICIPALITIES, ON A MONTHLY BASIS, AN ELECTRONIC REPORT,
IN A FORMAT DETERMINED BY THE DEPARTMENT OF STATE OF THE LISTINGS MAIN-
TAINED, AUTHORIZED, FACILITATED OR ADVERTISED BY THE BOOKING SERVICE
WITHIN THE STATE FOR THE APPLICABLE REPORTING PERIOD. THE REPORT SHALL
INCLUDE THE REGISTRATION NUMBER, AND A BREAKDOWN OF WHERE THE LISTINGS
ARE LOCATED, WHETHER THE LISTING IS FOR A PARTIAL UNIT OR A WHOLE UNIT,
AND SHALL INCLUDE THE NUMBER OF NIGHTS EACH UNIT WAS REPORTED AS OCCU-
PIED DURING THE APPLICABLE REPORTING PERIOD.
§ 3. Subdivision (c) of section 1101 of the tax law, as added by chap-
ter 93 of the laws of 1965, paragraphs 2, 3, 4 and 6 as amended by
section 2 and paragraph 8 as added by section 3 of part AA of chapter 57
of the laws of 2010, and paragraph 5 as amended by chapter 575 of the
laws of 1965, is amended to read as follows:
(c) When used in this article for the purposes of the tax imposed
under subdivision (e) of section eleven hundred five OF THIS ARTICLE,
AND SUBDIVISION (A) OF SECTION ELEVEN HUNDRED FOUR OF THIS ARTICLE, the
following terms shall mean:
(1) Hotel. A building or portion of it which is regularly used and
kept open as such for the lodging of guests. The term "hotel" includes
an apartment hotel, a motel, boarding house or club, whether or not
meals are served, AND SHORT-TERM RENTAL UNITS.
(2) Occupancy. The use or possession, or the right to the use or
possession, of any room in a hotel. "Right to the use or possession"
includes the rights of a room remarketer as described in paragraph eight
of this subdivision.
(3) Occupant. A person who, for a consideration, uses, possesses, or
has the right to use or possess, any room in a hotel under any lease,
concession, permit, right of access, license to use or other agreement,
or otherwise. "Right to use or possess" includes the rights of a room
remarketer as described in paragraph eight of this subdivision.
(4) Operator. Any person operating a hotel. Such term shall include a
room remarketer and such room remarketer shall be deemed to operate a
hotel, or portion thereof, with respect to which such person has the
rights of a room remarketer.
(5) Permanent resident. Any occupant of any room or rooms in a hotel
for at least ninety consecutive days shall be considered a permanent
resident with regard to the period of such occupancy.
(6) Rent. The consideration received for occupancy, including any
service or other charge or amount required to be paid as a condition for
occupancy, valued in money, whether received in money or otherwise and
whether received by the operator [or], A BOOKING SERVICE, a room remark-
eter or another person on behalf of [either] ANY of them.
(7) Room. Any room or rooms of any kind in any part or portion of a
hotel, which is available for or let out for any purpose other than a
place of assembly.
(8) Room remarketer. A person who reserves, arranges for, conveys, or
furnishes occupancy, whether directly or indirectly, to an occupant for
rent in an amount determined by the room remarketer, directly or indi-
rectly, whether pursuant to a written or other agreement. Such person's
ability or authority to reserve, arrange for, convey, or furnish occu-
pancy, directly or indirectly, and to determine rent therefor, shall be
the "rights of a room remarketer". A room remarketer is not a permanent
S. 885--B 12
resident with respect to a room for which such person has the rights of
a room remarketer. THIS TERM DOES NOT INCLUDE A BOOKING SERVICE UNLESS
SUCH SERVICE OTHERWISE MEETS THIS DEFINITION.
(9) SHORT-TERM RENTAL UNIT. A SHORT-TERM RESIDENTIAL UNIT AS DEFINED
IN SECTION TWENTY OF THE MULTIPLE RESIDENCE LAW OR IN SECTION TWENTY OF
THE MULTIPLE DWELLING LAW WHICH IS REGISTERED WITH THE DEPARTMENT OF
STATE OR A MUNICIPAL REGISTRATION SYSTEM, WHICH INCLUDES BUT IS NOT
LIMITED TO TITLE TWENTY-SIX OF THE ADMINISTRATIVE CODE OF THE CITY OF
NEW YORK.
(10) BOOKING SERVICE. (I) A PERSON OR ENTITY WHO, DIRECTLY OR INDI-
RECTLY:
(A) PROVIDES ONE OR MORE ONLINE, COMPUTER OR APPLICATION-BASED PLAT-
FORMS THAT INDIVIDUALLY OR COLLECTIVELY CAN BE USED TO:
(I) LIST OR ADVERTISE OFFERS FOR RENTAL OF A SHORT-TERM RENTAL UNIT,
OR SPACE IN A SHORT-TERM RENTAL UNIT, A TYPE OF A HOTEL AS DEFINED IN
PARAGRAPH ONE OF THIS SUBDIVISION, AND
(II) EITHER ACCEPT SUCH OFFERS, OR RESERVE OR PAY FOR SUCH RENTALS;
AND
(B) CHARGES, COLLECTS OR RECEIVES A FEE FROM A CUSTOMER OR HOST FOR
THE USE OF SUCH A PLATFORM OR FOR PROVISION OF ANY SERVICE IN CONNECTION
WITH THE RENTAL OF A SHORT-TERM RENTAL UNIT, OR SPACE IN A SHORT-TERM
RENTAL UNIT, A TYPE OF A HOTEL AS DEFINED IN PARAGRAPH ONE OF THIS
SUBDIVISION. FOR THE PURPOSES OF THIS SECTION, "CUSTOMER" MEANS AN
INDIVIDUAL OR ORGANIZATION THAT PURCHASES A STAY AT A SHORT-TERM RENTAL.
(II) A BOOKING SERVICE SHALL NOT INCLUDE A PERSON OR ENTITY WHO FACIL-
ITATES BOOKINGS OF HOTEL ROOMS SOLELY ON BEHALF OF AFFILIATED PERSONS OR
ENTITIES, INCLUDING FRANCHISEES, OPERATING UNDER A SHARED HOTEL BRAND.
(III) A BOOKING SERVICE SHALL NOT INCLUDE A PERSON OR ENTITY WHO
FACILITATES BOOKINGS OF HOTEL ROOMS AND DOES NOT COLLECT AND RETAIN THE
RENT PAID FOR SUCH OCCUPANCY, AS DEFINED BY PARAGRAPH SIX OF THIS SUBDI-
VISION.
§ 4. Subdivision (e) of section 1105 of the tax law is amended by
adding a new paragraph 3 to read as follows:
(3) THE RENT FOR EVERY OCCUPANCY OF A ROOM OR ROOMS IN A SHORT-TERM
RENTAL UNIT, OR SPACE IN A SHORT-TERM RENTAL UNIT, A TYPE OF A HOTEL
OFFERED FOR RENT THROUGH A BOOKING SERVICE, AS DEFINED IN PARAGRAPH TEN
OF SUBDIVISION (C) OF SECTION ELEVEN HUNDRED ONE OF THIS ARTICLE,
REGARDLESS OF WHETHER IT IS FURNISHED, LIMITED TO A SINGLE FAMILY OCCU-
PANCY, OR PROVIDES HOUSEKEEPING, FOOD, OR OTHER COMMON HOTEL SERVICES,
INCLUDING, BUT NOT LIMITED TO, ENTERTAINMENT OR PLANNED ACTIVITIES.
§ 5. Subdivision 1 of section 1131 of the tax law, as amended by
section 2 of part G of chapter 59 of the laws of 2019, is amended to
read as follows:
(1) "Persons required to collect tax" or "person required to collect
any tax imposed by this article" shall include: every vendor of tangible
personal property or services; every recipient of amusement charges;
every operator of a hotel; [and] every marketplace provider with respect
to sales of tangible personal property it facilitates as described in
paragraph one of subdivision (e) of section eleven hundred one of this
article; AND BOOKING SERVICES UNLESS RELIEVED OF SUCH OBLIGATION PURSU-
ANT TO PARAGRAPH THREE OF SUBDIVISION (M) OF SECTION ELEVEN HUNDRED
THIRTY-TWO OF THIS PART. Said terms shall also include any officer,
director or employee of a corporation or of a dissolved corporation, any
employee of a partnership, any employee or manager of a limited liabil-
ity company, or any employee of an individual proprietorship who as such
officer, director, employee or manager is under a duty to act for such
S. 885--B 13
corporation, partnership, limited liability company or individual
proprietorship in complying with any requirement of this article, or has
so acted; and any member of a partnership or limited liability company.
Provided, however, that any person who is a vendor solely by reason of
clause (D) or (E) of subparagraph (i) of paragraph (8) of subdivision
(b) of section eleven hundred one of this article shall not be a "person
required to collect any tax imposed by this article" until twenty days
after the date by which such person is required to file a certificate of
registration pursuant to section eleven hundred thirty-four of this
part.
§ 6. Section 1132 of the tax law is amended by adding a new subdivi-
sion (m) to read as follows:
(M) (1) A BOOKING SERVICE SHALL BE REQUIRED TO (I) COLLECT FROM THE
OCCUPANTS THE APPLICABLE TAXES ARISING FROM SUCH OCCUPANCIES; (II)
COMPLY WITH ALL THE PROVISIONS OF THIS ARTICLE AND ARTICLE TWENTY-NINE
OF THIS CHAPTER AND ANY REGULATIONS ADOPTED PURSUANT THERETO; (III)
REGISTER TO COLLECT TAX UNDER SECTION ELEVEN HUNDRED THIRTY-FOUR OF THIS
PART; AND (IV) RETAIN RECORDS AND INFORMATION AS REQUIRED BY THE COMMIS-
SIONER AND COOPERATE WITH THE COMMISSIONER TO ENSURE THE PROPER
COLLECTION AND REMITTANCE OF TAX IMPOSED, COLLECTED, OR REQUIRED TO BE
COLLECTED UNDER THIS ARTICLE AND ARTICLE TWENTY-NINE OF THIS CHAPTER.
(2) IN CARRYING OUT THE OBLIGATIONS IMPOSED UNDER THIS SECTION, A
BOOKING SERVICE SHALL HAVE ALL THE DUTIES, BENEFITS, AND ENTITLEMENTS OF
A PERSON REQUIRED TO COLLECT TAX UNDER THIS ARTICLE AND ARTICLE TWENTY-
NINE OF THIS CHAPTER WITH RESPECT TO THE OCCUPANCIES GIVING RISE TO THE
TAX OBLIGATION, INCLUDING THE RIGHT TO ACCEPT A CERTIFICATE OR OTHER
DOCUMENTATION FROM AN OCCUPANT SUBSTANTIATING AN EXEMPTION OR EXCLUSION
FROM TAX, AS IF SUCH BOOKING SERVICE WERE THE OPERATOR OF THE HOTEL WITH
RESPECT TO SUCH OCCUPANCY, INCLUDING THE RIGHT TO RECEIVE THE REFUND
AUTHORIZED BY SUBDIVISION (E) OF THIS SECTION AND THE CREDIT ALLOWED BY
SUBDIVISION (F) OF SECTION ELEVEN HUNDRED THIRTY-SEVEN OF THIS PART.
(3) AN OPERATOR OF A HOTEL IS NOT A PERSON REQUIRED TO COLLECT TAX FOR
PURPOSES OF THIS PART WITH RESPECT TO TAXES IMPOSED UPON OCCUPANCIES OF
HOTELS IF:
(I) THE OPERATOR OF THE HOTEL CAN SHOW THAT THE OCCUPANCY WAS FACILI-
TATED BY A BOOKING SERVICE WHO IS REGISTERED TO COLLECT TAX PURSUANT TO
SECTION ELEVEN HUNDRED THIRTY-FOUR OF THIS PART; AND
(II) THE OPERATOR OF THE HOTEL ACCEPTED FROM THE BOOKING SERVICE A
PROPERLY COMPLETED CERTIFICATE OF COLLECTION IN A FORM PRESCRIBED BY THE
COMMISSIONER CERTIFYING THAT THE BOOKING SERVICE HAS AGREED TO ASSUME
THE TAX COLLECTION AND FILING RESPONSIBILITIES OF THE OPERATOR OF THE
HOTEL; AND
(III) ANY FAILURE OF THE BOOKING SERVICE TO COLLECT THE PROPER AMOUNT
OF TAX WITH RESPECT TO SUCH OCCUPANCY WAS NOT THE RESULT OF THE OPERATOR
OF THE HOTEL PROVIDING INCORRECT INFORMATION TO THE BOOKING SERVICE,
WHETHER INTENTIONAL OR UNINTENTIONAL.
THIS PROVISION SHALL BE ADMINISTERED IN A MANNER CONSISTENT WITH
SUBPARAGRAPH (I) OF PARAGRAPH ONE OF SUBDIVISION (C) OF THIS SECTION AS
IF A CERTIFICATE OF COLLECTION WERE A RESALE OR EXEMPTION CERTIFICATE
FOR PURPOSES OF SUCH SUBPARAGRAPH, INCLUDING WITH REGARD TO THE
COMPLETENESS OF SUCH CERTIFICATE OF COLLECTION AND THE TIMING OF ITS
ACCEPTANCE BY THE OPERATOR OF THE HOTEL; PROVIDED HOWEVER, THAT WITH
REGARD TO ANY OCCUPANCIES SOLD BY AN OPERATOR OF THE HOTEL THAT ARE
FACILITATED BY A BOOKING SERVICE WHO IS AFFILIATED WITH SUCH OPERATOR,
THE OPERATOR SHALL BE DEEMED LIABLE AS A PERSON UNDER A DUTY TO ACT FOR
S. 885--B 14
SUCH BOOKING SERVICE FOR PURPOSES OF SUBDIVISION ONE OF SECTION ELEVEN
HUNDRED THIRTY-ONE OF THIS PART.
(4) THE COMMISSIONER MAY, IN HIS OR HER DISCRETION DEVELOP STANDARD
LANGUAGE, OR APPROVE LANGUAGE DEVELOPED BY A BOOKING SERVICE, IN WHICH
THE BOOKING SERVICE OBLIGATES ITSELF TO COLLECT THE TAX ON BEHALF OF ALL
THE OPERATORS OF HOTELS.
(5) IN THE EVENT AN OPERATOR OF A HOTEL IS A ROOM REMARKETER, AND ALL
OTHER PROVISIONS OF THIS SUBDIVISION ARE MET SUCH THAT A BOOKING SERVICE
IS OBLIGATED TO COLLECT TAX, AND DOES IN FACT COLLECT TAX AS EVIDENCED
BY THE BOOKS AND RECORDS OF SUCH BOOKING SERVICE, THEN THE PROVISIONS OF
SUBDIVISION (E) OF SECTION ELEVEN HUNDRED NINETEEN OF THIS ARTICLE SHALL
BE APPLICABLE.
§ 7. Paragraph 4 of subdivision (a) of section 1136 of the tax law, as
amended by section 5 of part G of chapter 59 of the laws of 2019, is
amended to read as follows:
(4) The return of a vendor of tangible personal property or services
shall show such vendor's receipts from sales and the number of gallons
of any motor fuel or diesel motor fuel sold and also the aggregate value
of tangible personal property and services and number of gallons of such
fuels sold by the vendor, the use of which is subject to tax under this
article, and the amount of tax payable thereon pursuant to the
provisions of section eleven hundred thirty-seven of this part. The
return of a recipient of amusement charges shall show all such charges
and the amount of tax thereon, and the return of an operator required to
collect tax on rents shall show all rents received or charged and the
amount of tax thereon. The return of a marketplace seller shall exclude
the receipts from a sale of tangible personal property facilitated by a
marketplace provider if, in regard to such sale: (A) the marketplace
seller has timely received in good faith a properly completed certif-
icate of collection from the marketplace provider or the marketplace
provider has included a provision approved by the commissioner in the
publicly-available agreement between the marketplace provider and the
marketplace seller as described in subdivision one of section eleven
hundred thirty-two of this part, and (B) the information provided by the
marketplace seller to the marketplace provider about such tangible
personal property is accurate. THE RETURN OF A SHORT-TERM RENTAL HOST
SHALL EXCLUDE THE RENT FROM OCCUPANCY OF A SHORT-TERM RENTAL UNIT FACIL-
ITATED BY A BOOKING SERVICE IF, IN REGARD TO SUCH SALE: (A) THE SHORT-
TERM RENTAL HOST HAS TIMELY RECEIVED IN GOOD FAITH A PROPERLY COMPLETED
CERTIFICATE OF COLLECTION FROM THE BOOKING SERVICE OR THE BOOKING
SERVICE HAS INCLUDED A PROVISION APPROVED BY THE COMMISSIONER IN THE
PUBLICLY-AVAILABLE AGREEMENT BETWEEN THE BOOKING SERVICE AND THE SHORT-
TERM RENTAL HOST AS DESCRIBED IN SUBDIVISION (M) OF SECTION ELEVEN
HUNDRED THIRTY-TWO OF THIS PART, AND (B) THE INFORMATION PROVIDED BY THE
SHORT-TERM RENTAL HOST TO THE BOOKING SERVICE ABOUT SUCH RENT AND SUCH
OCCUPANCY IS ACCURATE.
§ 8. Section 1142 of the tax law is amended by adding a new subdivi-
sion 16 to read as follows:
16. TO PUBLISH A LIST ON THE DEPARTMENT'S WEBSITE OF BOOKING SERVICES
WHOSE CERTIFICATES OF AUTHORITY HAVE BEEN REVOKED AND, IF NECESSARY TO
PROTECT SALES TAX REVENUE, PROVIDE BY REGULATION OR OTHERWISE THAT A
SHORT-TERM RENTAL UNIT OPERATOR WILL BE RELIEVED OF THE REQUIREMENT TO
REGISTER AND THE DUTY TO COLLECT TAX ON THE RENT FOR OCCUPANCY OF A
SHORT-TERM RENTAL FACILITATED BY A BOOKING SERVICE PROVIDER ONLY IF, IN
ADDITION TO THE CONDITIONS PRESCRIBED BY PARAGRAPH TWO OF SUBDIVISION
(M) OF SECTION ELEVEN HUNDRED THIRTY-TWO AND PARAGRAPH SIX OF SUBDIVI-
S. 885--B 15
SION (A) OF SECTION ELEVEN HUNDRED THIRTY-FOUR OF THIS PART BEING MET,
SUCH BOOKING SERVICE IS NOT ON SUCH LIST AT THE COMMENCEMENT OF THE
QUARTERLY PERIOD COVERED THEREBY.
§ 9. Subpart A of part 1 of article 29 of the tax law is amended by
adding a new section 1200 to read as follows:
§ 1200. DEFINITION. FOR THE PURPOSES OF THIS ARTICLE "HOTEL" SHALL
MEAN A BUILDING OR PORTION OF SUCH BUILDING WHICH IS REGULARLY USED AND
KEPT OPEN AS SUCH FOR THE LODGING OF GUESTS, INCLUDING: (A) AN APARTMENT
HOTEL, (B) A MOTEL, (C) A BOARDING HOUSE OR CLUB, WHETHER OR NOT MEALS
ARE SERVED, AND (D) SHORT-TERM RESIDENTIAL RENTAL UNITS AS DEFINED IN
SUBDIVISION ONE OF SECTION TWENTY OF THE MULTIPLE RESIDENCE LAW OR IN
SUBDIVISION ONE OF SECTION TWENTY OF THE MULTIPLE DWELLING LAW.
§ 10. Notwithstanding any other provisions of law to the contrary, a
county, city, town, or village government may enact a local law prohib-
iting or further limiting the listing or use of dwelling units, or
portions thereof, as short-term residential rental units.
§ 11. Severability. If any provision of this act, or any application
of any provision of this act, is held to be invalid, that shall not
affect the validity or effectiveness of any other provision of this act,
or of any other application of any provision of this act, which can be
given effect without that provision or application; and to that end, the
provisions and applications of this act are severable.
§ 12. This act shall take effect on the one hundred twentieth day
after it shall have become a law.
