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S4263Senate2011-2012 SessionSame asA10483

Relates to clarifying certain provisions relating to occupancy of class A multiple dwellings

Sponsor Martin J. GoldenSD-22+1 co-sponsorAffects Housing
Status
In Senate Committee
Rules
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Rules

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Sponsors

Primary sponsor
Martin J. Golden

Senator · Senate District 22

Chair, Civil Service And Pensions

1 Co-sponsor

History

  1. Committed to rules
  2. Amended on third reading 4263c
  3. Amended on third reading 4263b
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.129
  7. Referred to housing, construction and community development
  8. Recommitted to rules
  9. Ordered to third reading cal.1466
  10. Committee discharged and committed to rules
  11. Print number 4263a
  12. Amend and recommit to housing, construction and community development
Show 1 earlier action
  1. Referred to housing, construction and community development

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A10483Assembly

Relates to clarifying certain provisions relating to occupancy of class A multiple dwellings

In Assembly Committee · Housing · Sponsor Alec Brook-Krasny

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S4263C

Title of bill

An act to amend the multiple dwelling law and the administrative code of the city of New York, in relation to clarifying certain provisions relating to occupancy of class A multiple dwellings

Purpose

The purpose of the bill is to provide an exemption for a specific class of good actors that rent certain class A multiple dwelling units on a short-term basis (less than 30 days). The law passed last year (L. 2010, Ch. 225) was created in response to an on-going issue in New York City with single room occupancy (SRO) buildings being used as illegal hotels. This bill does not serve these types of illegal hotels, but rather is targeted to help a group of individuals that use certain class A multiple dwelling units on a short term basis, thereby providing tax revenue and tourism dollars to the state and city. Further, the regulatory paradigm created by this proposal would help tremendously with the enforcement issues surrounding illegal hotels. It Would become extremely difficult for bad actors and large illegal hotels to operate under the requirements and registration process laid out in this legislation.

Read the full memo (743 words)

Summary of provisions

Section 1 of the bill would add a new article 7-D to the multiple dwelling law, creating a short-term rental registration process. Under the registration process, the individual would register with New York City Department of Buildings for a fee of $200 per unit and attest to a standard of operation that guest registration records will be kept, no illegal activity or public nuisance will be permitted, occupancy limits will be followed, Cleaning procedures will be conducted between guests, and the name of a local Contact person shall be provided to guests. Two complaints that lead to violations will automatically cause a revocation of the registration.

Section 2 of the bill amends section 4 of the multiple dwelling law. A new subparagraph 3 would allow for owner-occupied brownstones with 4 or less units to provide short-term rentals. A new subparagraph 4 adds requirements to certain short-term rental units in other class A multiple dwellings. Such requirements include:

o Not an SRO o Contain a bathroom and kitchen o Guests receive notice of evacuation diagram o Smoke detectors are located in each room o Sufficient liability insurance to cover guests (this is something to be more specific on) o Expressly carves out rent stabilized units/rent controlled and other subsidized housing o Specific occupancy/hotel taxes required

o Registration required unless unit is used for less than 30 days per calendar year

Section 3 of the bill amends section 4 of the multiple dwelling law to add a new subdivision l5-a that would define "short-term rental unit".

Sections 4, 5 and 6 of the bill would amend the administrative code of the city of New York, adding the same language as in sections 1, 2 and 3 of the bill to section 27-2004 and a new article 2 to subchapter 1 of chapter 2 of title 27, and thereby, maintaining uniformity.

Justification

Last year's law was written to encompass a greater universe than was intended. While it will attempt to phase out short-term SROs, it also is ridding New York State of a legitimate business model: short term rental units used by tourists, hospital patients and business guests. These short term units provide tax income to New York and tourism dollars to the areas in which they are located. They should not be confused with the small single room living spaces that are SROs, which often get associated with decrepitude, poor maintenance, and numerous building and health code violations. These units should also not be confused with the illegal hotels hotels that often contain subdivided units and an excess-occupancy such that fire and safety codes are not complied with. Short-term rentals are a growing industry for travelers and the only way for the City to ensure the safety of guests and permanent residents alike is to properly regulate the industry. This legislation is written to expressly exclude rent stabilized and rent controlled units and to protect the public. While one can certainly find examples of municipalities and states regulating short-term rentals, it is a hard pressed task to find those which completely ban it. This legislation would help those individuals and small businesses that will no longer be able to operate because of this law.

Legislative history

None.

Fiscal impact on the state

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.