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This entry was published on 2024-12-27
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SECTION 447-E
Penalties
Real Property (RPP) CHAPTER 50, ARTICLE 12-D
* § 447-e. Penalties. 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 prohibiting 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 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. A short-term rental host that violates the requirements of this
article shall receive a warning notice issued, without penalty, by the
department of state upon the first and second violation. The warning
notice shall detail actions to be taken to cure the violation. For a
third violation a fine up to two hundred dollars shall be imposed. For
each subsequent violation, a fine of up to five hundred dollars per day
shall be imposed. Upon the issuance of a violation, a seven-day period
to cure the violation shall be granted. During such cure period, no
further fines shall be accumulated against the short-term rental host,
except where a new violation is related to a different short-term rental
unit.

5. A booking service that violates the requirements of this article
shall be issued a fine of up to five hundred dollars per day, per
violation, until such violation is cured.

6. In a municipality that has its own registration system, the
municipality may establish and effectuate its own penalty system.

* NB Effective April 20, 2025