* § 447-b. 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 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 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;

(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 established by the municipality; and

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

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
four hundred forty-seven-c 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 service is the short-term
rental host, the short-term rental host may be exempt from providing
such report provided that the booking service includes all necessary
information required of a short-term rental host in the report required
pursuant to subdivision four of this section.

4. 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 four hundred forty-seven-c of this
article, or more information is deemed necessary by the department of
state, the department may access this report and all relevant records
from a booking service in response to valid legal process. The
department shall share this report and 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
registration 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 booking service has not verified with
the department of state, or in cities with a population over one million
with such city, the short-term rental unit and its owner or tenant have
been issued a current, valid registration by the department of state.

6. The provisions of this article shall apply to all short-term
residential rental units in the state; provided, however, that a
municipality that has its own short-term residential rental unit
registry as of the effective date of this article may continue such
registry and all short-term residential rental units in such
municipality shall be required to be registered with the department of
state. In a city with a population over one million, all short-term
residential rental units shall only register with such city as provided
in a local law, rule, or regulation. Municipalities with short-term
residential rental unit registries as of the effective date of this
article shall maintain the authority to manage such registries and to
collect fines for violations related to the registration of short-term
residential rental units with such municipal registry. A city with a
population over one million that has a short-term residential rental
registry 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
registered within the state. Municipalities with short-term residential
rental unit registries as of the effective date of this article may
establish registration requirements and regulations in such municipality
in addition to the requirements of this section. The department of state
shall share the report required pursuant to subdivision three of this
section with municipalities with short-term residential rental unit
registries upon request. No municipality shall create its own short-term
rental residential rental unit registry after the effective date of this
article.

* NB Effective April 20, 2025