Provides that the tenant or subtenant of a class A multiple dwelling unit shall be liable for violations of multiple dwelling law relating to the illegal short term lease of such unit

Title of bill

An act to amend the multiple dwelling law, in relation to the short term rental of dwelling units through internet based residential rental websites

Purpose or general idea of bill

An act to amend the multiple dwelling law, in relation to the short term rental of dwelling units through internet based residential rental websites

Summary of specific provisions

Section 1 of the bill amends the Multiple Dwelling Law by adding two new subdivisions 15-a and 15-b, which define "short term rental unit" and "internet based residential rental website."

Section 2 amends the Multiple Dwelling Law by adding a new Section 15 which mandates that tenants and subtenants are liable for violations of the Multiple Dwelling Law pertaining to the illegal short term rental of Class A dwellings, when the legal tenant or subtenant of such premises rents their unit through an internet based residential rental service without the knowledge and consent of the property owner. The new Section 15 further mandates that when a tenant or legal subtenant has abandoned the unit in question, the property owner shall provide all information it possesses regarding the whereabouts of the tenant or legal subtenant to enforcement authorities.

Section 3 sets forth the effective date of the law.

Justification

While the regulatory debate over the legality of AirBnB and other Internet-based residential rental platforms continues in New York State, it remains the case that the rental of units in a Class A multiple dwelling (many apartment buildings, condominiums, etc.) for less than thirty days is illegal. As such, enforcement authorities have the ability to levy fines of up to $2,500 per day for violations of the Multiple Dwelling Law and currently, landlords - who are often unaware that their tenant or a legal subtenant is illegally renting their unit through these platforms - are hit with this civil penalty. As an issue of fairness, and until a regulatory framework is put in place to address this and larger issues pertaining to Internet-based residential rental platforms, it is only just that the tenant or legal subtenant soliciting and providing travelers with an illegal short-term rental is responsible for these fines.

Prior legislative history

None. New bill.

Fiscal implications

None apparent to the State. The ability to levy fines for violations of the Multiple Dwelling Law is not changed, except that the liable party differs from that under current law.

Effective date

This act shall take effect immediately.