Legislation
SECTION 447-E
Penalties
Real Property (RPP) CHAPTER 50, ARTICLE 12-D
* § 447-e. Penalties. 1. (a) Except as provided in paragraph (b) of
this subdivision, any booking service which collects a fee related to
booking a unit as a short-term rental unit where such short-term rental
unit is not registered in accordance with this article may be fined in
accordance with subdivisions four and five of this section. Any covered
jurisdiction in which such unregistered short-term rental unit is
located or the attorney general or the attorney general's 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 such short-term rental unit as a short-term rental.
(b) A booking service shall not be subject to a fine pursuant to
paragraph (a) of this subdivision 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.
2. (a) Except as provided in paragraph (b) of this subdivision, any
person who offers a short-term rental unit without registering with the
county within which such unit is located or with the multi-county
registry that includes such county, or any person who offers an eligible
short-term rental unit as a short-term rental while the short-term
rental unit's registration on the short-term rental unit registry is
suspended, may be fined in accordance with subdivisions four and five of
this section.
(b) A person shall not be subject to a fine pursuant to paragraph (a)
of this subdivision 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.
3. Any person who fails to comply with any notice of violation or
other order issued pursuant to this article by any covered jurisdiction
in which the short-term rental unit concerning the violation is located
or by the attorney general or the attorney general's designee for a
violation of any provision of this article may be fined in accordance
with subdivisions four and five of this section.
4. (a) Except as provided in paragraph (b) of this subdivision, a
short-term rental host that violates the requirements of this article
shall receive a warning notice issued, without penalty, by the county
within which the applicable short-term rental unit is located or by the
multi-county registry that includes such county 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 may be imposed by the county within which the applicable
short-term rental unit is located or by the multi-county registry that
includes such county. For each subsequent violation, a fine of up to
five hundred dollars per day may be imposed by the county within which
the applicable short-term rental unit is located or by the multi-county
registry that includes such county. 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.
(b) Nothing in paragraph (a) of this subdivision shall supersede or
limit in any way the authority of enforcement agencies for a covered
jurisdiction in which the short-term rental unit is located, or the
authority of any other entity with enforcement authority over local
health and safety matters, to timely enforce violations of any health
and safety laws or regulations.
5. A booking service that violates the requirements of this article
may be issued a fine by any county in which a short-term rental unit
associated with a violation is located or by a multi-county registry
that includes such county of up to five hundred dollars per day, per
violation, until such violation is cured.
6. Nothing in this section shall prevent a county, city, town, or
village that is not a covered jurisdiction and is not within a covered
jurisdiction and that has its own registration system for non-covered
short-term rental units or 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, from
maintaining, establishing, amending, and effectuating its own penalty
system related to such registration system.
* NB Effective September 22, 2025
this subdivision, any booking service which collects a fee related to
booking a unit as a short-term rental unit where such short-term rental
unit is not registered in accordance with this article may be fined in
accordance with subdivisions four and five of this section. Any covered
jurisdiction in which such unregistered short-term rental unit is
located or the attorney general or the attorney general's 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 such short-term rental unit as a short-term rental.
(b) A booking service shall not be subject to a fine pursuant to
paragraph (a) of this subdivision 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.
2. (a) Except as provided in paragraph (b) of this subdivision, any
person who offers a short-term rental unit without registering with the
county within which such unit is located or with the multi-county
registry that includes such county, or any person who offers an eligible
short-term rental unit as a short-term rental while the short-term
rental unit's registration on the short-term rental unit registry is
suspended, may be fined in accordance with subdivisions four and five of
this section.
(b) A person shall not be subject to a fine pursuant to paragraph (a)
of this subdivision 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.
3. Any person who fails to comply with any notice of violation or
other order issued pursuant to this article by any covered jurisdiction
in which the short-term rental unit concerning the violation is located
or by the attorney general or the attorney general's designee for a
violation of any provision of this article may be fined in accordance
with subdivisions four and five of this section.
4. (a) Except as provided in paragraph (b) of this subdivision, a
short-term rental host that violates the requirements of this article
shall receive a warning notice issued, without penalty, by the county
within which the applicable short-term rental unit is located or by the
multi-county registry that includes such county 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 may be imposed by the county within which the applicable
short-term rental unit is located or by the multi-county registry that
includes such county. For each subsequent violation, a fine of up to
five hundred dollars per day may be imposed by the county within which
the applicable short-term rental unit is located or by the multi-county
registry that includes such county. 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.
(b) Nothing in paragraph (a) of this subdivision shall supersede or
limit in any way the authority of enforcement agencies for a covered
jurisdiction in which the short-term rental unit is located, or the
authority of any other entity with enforcement authority over local
health and safety matters, to timely enforce violations of any health
and safety laws or regulations.
5. A booking service that violates the requirements of this article
may be issued a fine by any county in which a short-term rental unit
associated with a violation is located or by a multi-county registry
that includes such county of up to five hundred dollars per day, per
violation, until such violation is cured.
6. Nothing in this section shall prevent a county, city, town, or
village that is not a covered jurisdiction and is not within a covered
jurisdiction and that has its own registration system for non-covered
short-term rental units or 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, from
maintaining, establishing, amending, and effectuating its own penalty
system related to such registration system.
* NB Effective September 22, 2025