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This entry was published on 2025-03-14
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SECTION 447-B
Short-term rental units; regulation
Real Property (RPP) CHAPTER 50, ARTICLE 12-D
* § 447-b. Short-term rental units; regulation. 1. A short-term rental
host may operate a dwelling unit as a short-term rental unit provided
such dwelling unit:

(a) is registered in accordance with section four hundred
forty-seven-c of this article;

(b) is not used to provide single room occupancy as defined by
subdivision forty-four of section four of the multiple residence law and
subdivision sixteen of section four of the multiple dwelling law;

(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;

(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 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. Such liability insurance coverage may be
satisfied by insurance maintained by a booking service that provides
equal or greater coverage if a short-term rental host lists a short-term
rental unit with such booking service. Notwithstanding any other
provision of law, no insurer shall be required to provide such coverage;

(g) is not subject to the emergency tenant protection act of nineteen
seventy-four, the rent stabilization law of nineteen sixty-nine, the
emergency housing rent control law, the local emergency housing rent
control act or otherwise regulated or supervised by a federal, state, or
local agency pursuant to any other law or rule or an agreement with such
federal, state, or local agency;

(h) is in compliance with any additional health and safety
requirements or any other regulatory requirements applicable to
short-term rental units established by any covered jurisdiction in which
such short-term rental unit is located; and

(i) is not otherwise prohibited from operating as a short-term rental
unit by federal, state, or local law, rules, and regulations.

2. 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 an itemization of
the sales tax and hotel and motel occupancy tax collected, and records
related to their registration as short-term rental hosts with the county
in which the short-term rental unit is located or with the multi-county
registry that includes such county. Short-term rental hosts shall make
such records available to local enforcement agencies for the covered
jurisdiction in which the short-term rental unit is located when
lawfully requested.

3. (a) Booking services shall collect data related to all short-term
rental unit guest stays that the booking service facilitates within the
state. Booking services shall maintain such data 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 data maintained by booking services
shall include the dates of each stay and the number of guests, the cost
for each stay, including an itemization of the sales tax and hotel and
motel occupancy tax collected, the physical address, including any unit
designation, of each short-term rental unit booked, the full legal name
of each short-term rental unit host, and each short-term rental unit's
registration number. Beginning ninety days after the effective date of
this article, and on the first day of every January, April, July, and
October thereafter, the booking service shall report such data to each
county within which any short-term rental unit included in such data is
located. In the event a booking service does not comply with its
reporting obligations pursuant to this subdivision, or more information
is requested by the attorney general or a covered jurisdiction or any of
such covered jurisdiction's enforcement agencies, then the data required
to be reported pursuant to this subdivision and all relevant records
from a booking service shall be produced in response to valid legal
process. The county which has received such data from a booking service
shall share such data with all city, town, or village governments
located within such county within sixty days of receiving such data and
shall make such data available to city, town, or village enforcement
agencies upon request. Such data and any records provided to generate
such data shall not be made publicly available.

(b) Booking services may require short-term rental hosts, as a term or
condition of service, to consent to booking services producing data
pursuant to paragraph (a) of this subdivision.

(c) Nothing in this subdivision shall prevent a county, city, town, or
village that is not a covered jurisdiction from establishing, amending,
or maintaining its own booking service reporting obligations, nor shall
this subdivision supersede any existing booking service reporting
obligations in a county, city, town, or village that is not a covered
jurisdiction.

4. It shall be unlawful for a booking service to collect a fee for
facilitating booking transactions for short-term rental units if the
booking service has not verified with the county in which the short-term
rental unit is located or multi-county registry that includes such
county the short-term rental unit and its owner or tenant have been
issued a current, valid registration by the county in which the
short-term rental unit is located or by the multi-county registry that
includes such county.

5. Nothing in subdivisions one, two, or subdivision four of this
section, or in paragraph (a) of subdivision three of this section shall
require a short-term rental host or booking service to comply with the
requirements of such subdivisions and paragraph before such time as a
county has established a registry or multi-county registry pursuant to
paragraph (a) of subdivision one of section four hundred forty-seven-c
of this article.

6. The provisions of this article shall apply to all short-term rental
units; provided, however, that a county, city, town, or village,
including but not limited to a city with a population of one million or
more, that has its own short-term rental unit or non-covered short-term
rental unit registry or its own registration system for short-term
rentals of dwelling units or other living or sleeping spaces, with the
coverage and requirements of such registration system as established
pursuant to local law, as of the effective date of this article may
continue such registry or registration system and all short-term rental
units or non-covered short-term rental units in such county, city, town,
or village shall only register with such county, city, town or village
as provided in a local law, rule, or regulation and shall not be
required to register pursuant to this article. Counties, cities, towns,
and villages, including but not limited to a city with a population of
one million or more, with such registries as of the effective date of
this article shall maintain the authority to manage, amend, repeal, and
establish requirements and regulations for such existing registries and
to impose and collect fines or otherwise enforce violations related to
such registries. Where a county, city, town, or village, including but
not limited to a city with a population of one million or more, has such
a registry as of the effective date of this article, nothing in this
article shall prevent such county, city, town, or village from enacting
and enforcing local laws or ordinances which meet or exceed the
standards or requirements set forth in this article.

7. No city, town, or village shall create its own short-term rental
unit or non-covered short-term rental unit registry after the effective
date of this article unless such city, town or village is not a covered
jurisdiction and is not located within a covered jurisdiction. A city,
town, or village which is not a covered jurisdiction and which is not
located within a covered jurisdiction may create such a registry.
Nothing in this article shall prevent a city, town, or village that is
not a covered jurisdiction and is not located within a covered
jurisdiction from enacting and enforcing local laws or ordinances which
meet or exceed the standards or requirements set forth in this article.

* NB Effective September 22, 2025