Legislation
SECTION 447-C
Registration
Real Property (RPP) CHAPTER 50, ARTICLE 12-D
* § 447-c. Registration. 1. Short-term rental hosts shall be required
to register a short-term residential rental unit with the department of
state.
(a) Registration with the department of state shall be valid for two
years, after which time the short-term rental host may renew the
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
ineligible 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 offering a dwelling unit, or portion thereof, as a short-term
residential rental unit without current, valid registration shall be
unlawful and shall make persons who list or offer such unit ineligible
for registration 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
registration 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 lawful 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. Proof of written consent by the owner shall be provided to and
verified by the department of state or any municipality with its own
registration system before the issuing or renewal of a registration
number.
(d) The department of state shall make available to booking services
the data necessary to allow booking services 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
registration fees in an amount to be established by the department of
state.
(f) Such registration fee shall include a fee for the use of the
electronic verification system in an amount to be established by the
department of state which shall not exceed the cost to build, operate,
and maintain such system.
2. 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 without such booking service 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 four hundred forty-seven-b of this
article. The department shall share this report with county, city, town,
or village governments and shall make such reports available to local
municipal enforcement 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 four hundred forty-seven-b of this article,
in accordance with paragraph (a) of this subdivision; and
(ii) Furnish the information identified pursuant to subdivision four
of section four hundred forty-seven-b of this article, in accordance
with paragraph (a) of this subdivision.
3. The department of state shall set a fee for booking service
registration with the department.
* NB Effective April 20, 2025
to register a short-term residential rental unit with the department of
state.
(a) Registration with the department of state shall be valid for two
years, after which time the short-term rental host may renew the
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
ineligible 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 offering a dwelling unit, or portion thereof, as a short-term
residential rental unit without current, valid registration shall be
unlawful and shall make persons who list or offer such unit ineligible
for registration 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
registration 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 lawful 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. Proof of written consent by the owner shall be provided to and
verified by the department of state or any municipality with its own
registration system before the issuing or renewal of a registration
number.
(d) The department of state shall make available to booking services
the data necessary to allow booking services 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
registration fees in an amount to be established by the department of
state.
(f) Such registration fee shall include a fee for the use of the
electronic verification system in an amount to be established by the
department of state which shall not exceed the cost to build, operate,
and maintain such system.
2. 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 without such booking service 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 four hundred forty-seven-b of this
article. The department shall share this report with county, city, town,
or village governments and shall make such reports available to local
municipal enforcement 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 four hundred forty-seven-b of this article,
in accordance with paragraph (a) of this subdivision; and
(ii) Furnish the information identified pursuant to subdivision four
of section four hundred forty-seven-b of this article, in accordance
with paragraph (a) of this subdivision.
3. The department of state shall set a fee for booking service
registration with the department.
* NB Effective April 20, 2025