What's happening
This bill requires online platforms to disclose detailed information to authorities before advertising short-term rentals in New York dwellings.
Why it matters
Increases transparency and accountability for short-term rentals. by requiring platforms to collect and share detailed information (including addresses, host identities, and housing program status) with city or state enforcement agencies prior to posting any rental advertisements.
Aims to support enforcement of existing housing laws. (such as those related to rent control, stabilization, and primary residence status), potentially making it harder for illegal or non-compliant listings to operate undetected.
Imposes significant financial penalties for violations. , which could deter both platforms and individuals from attempting to bypass these new disclosure requirements, thus promoting greater compliance.
Includes nuanced exemptions for non-commercial or non-monetized guest arrangements. , ensuring that typical house guests or temporary, uncompensated boarders are not swept up in the new regulatory requirements.
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Who cares
Online short-term rental platforms
They would have to require users to consent to disclosures and submit specified listing information to enforcement officials before advertising stays of fewer than 30 consecutive days.
Short-term rental hosts and co-hosts
Platforms would have to disclose their identifying and contact information, along with the dwelling’s exact address, housing-program status and whether it is the host’s primary residence.
New York City Mayor’s Office of Special Enforcement
The office would receive listing disclosures, determine how platforms submit them and enforce the new requirements in the city.
Rent-regulated and affordable housing tenants offering short stays
Listings for their homes would have to identify whether the dwelling is covered by rent control, rent stabilization or an affordable housing program and name the applicable program.
Headline styles
Require Rental Ad Submissions
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to housing, construction and community development
- Referred to housing, construction and community development
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3180
2019-2020 Regular Sessions
IN SENATE
February 4, 2019
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development
AN ACT to amend the multiple dwelling law and the administrative code of the city of New York, in relation to requiring advertisements for certain accommodations to be submitted to the designated enforcement agency
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The multiple dwelling law is amended by adding a new section 15 to read as follows:
§ 15. Advertisements for the use of dwelling units; required disclosures. 1. a. Any online platform offering advertisement for accommodation in a New York dwelling for a period fewer than thirty consecutive days shall include in its terms of service a clause requiring all users of any online platform to consent to the disclosure of information listed in this section to the department. Any online platform offering advertisement for accommodation in a dwelling for a period of fewer than thirty consecutive days shall submit the following information to the department before such advertisement is permitted to be listed on such platform:
(i) the exact physical address of the dwelling, including the street name, street number, apartment number, borough, town and county;
(ii) the full legal name of the person offering accommodation in such dwelling;
(iii) contact information including phone number and email address for the local host or co-host for such dwelling;
(iv) the category of the dwelling as either a private dwelling as defined in subdivision six of section four of this chapter, class A multiple dwelling as defined in subdivision eight of section four of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02150-02-9
S. 3180 2
this article or class B multiple dwelling as defined in subdivision nine of section four of this chapter;
(v) whether the dwelling is covered by a rent control, rent stabilization or affordable housing program and if so, the name of such program;
(vi) whether the entire dwelling or just a portion of such dwelling is made available under the listing being advertised; and
(vii) whether the dwelling is the primary residence of the host.
b. The manner of the submissions required by paragraph a of this subdivision shall be determined by the department.
2. Any person found to have violated the provisions of subdivision one of this section shall be liable for a civil penalty of not more than one thousand dollars for the first violation, five thousand dollars for the second violation and seven thousand five hundred dollars for the third and subsequent violations.
3. For the purposes of this section, the term "advertisement" shall mean any form of communication for marketing that is used to encourage, persuade or manipulate viewers, readers or listeners into contracting for goods and/or services as may be viewed through various media including, but not limited to, newspapers, magazines, fliers, handbills, television commercials, radio, signage, direct mail, websites or text messages.
4. Notwithstanding the provisions of section three hundred three of this chapter, in a city with a population of one million or more the provisions of this section shall be enforced by the mayor's office of special enforcement.
5. This section shall not apply to advertisements or offers for occupancy of such dwelling unit for fewer than thirty consecutive days by other natural persons living within the household of the permanent occupant such as house guests or lawful boarders, roomers or lodgers or incidental and occasional occupancy of such dwelling unit for fewer than thirty consecutive days by other natural persons when the permanent occupants are temporarily absent for personal reasons such as vacation or medical treatment, provided that there is no monetary compensation paid to the permanent occupants for such occupancy.
§ 2. Subchapter 3 of chapter 1 of title 27 of the administrative code of the city of New York is amended by adding a new article 19 to read as follows:
ARTICLE 19
ADVERTISEMENTS FOR CERTAIN
ACCOMMODATIONS
§ 27-287.5 Advertisements for certain accommodations. 1. a. Any online platform offering advertisement for accommodation in a New York dwelling for a period fewer than thirty consecutive days shall include in its terms of service a clause requiring all users of any online platform to consent to the disclosure of information to the mayor's office of special enforcement. Any online platform offering advertisement for accommodation in a dwelling for a period of fewer than thirty consecutive days shall submit the following information to the office before such advertisement is permitted to be listed on such platform:
(i) the exact physical address of the dwelling, including the street name, street number, apartment number, borough, town and county;
(ii) the full legal name of the person offering accommodation in such dwelling;
(iii) contact information including phone number and email address for the local host or co-host for such dwelling;
S. 3180 3
(iv) the category of the dwelling as either a private dwelling as defined in subdivision six of section four of the multiple dwelling law, class A multiple dwelling as defined in subdivision eight of section four of the multiple dwelling law or class B multiple dwelling as defined in subdivision nine of section four of the multiple dwelling law;
(v) whether the dwelling is covered by a rent control, rent stabilization or affordable housing program and if so, the name of such program;
(vi) whether the entire dwelling or just a portion of such dwelling is made available under the listing being advertised; and
(vii) whether the dwelling is the primary residence of the host.
b. The manner of the submissions required by paragraph a of this subdivision shall be determined by the mayor's office of special enforcement.
2. This section shall not apply to advertisements or offers for occupancy of such dwelling unit for fewer than thirty consecutive days by other natural persons living within the household of the permanent occupant such as house guests or lawful boarders, roomers or lodgers or incidental and occasional occupancy of such dwelling unit for fewer than thirty consecutive days by other natural persons when the permanent occupants are temporarily absent for personal reasons such as vacation or medical treatment, provided that there is no monetary compensation paid to the permanent occupants for such occupancy.
§ 3. This act shall take effect on the sixtieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the multiple dwelling law and the administrative code of the city of New York, in relation to requiring advertisements for certain accommodations to be submitted to the designated enforcement agency
Purpose
This bill requires online platforms offering advertisements for certain accommodations to submit certain information to a designated enforcement agency before being listed.
Summary of specific provisions
Section one amends the multiple dwelling law by adding new section 15.
Section two amends subchapter 3 of chapter 1 of title 27 of the adminis- trative code of the city of New York by adding new article 19.
Section three sets forth the effective date.
Justification
Over the past few years many localities have seen an increase in the use of short term rental websites, which has created a number of issues for residents in cities where these rentals have become common. Under the New York State multiple dwelling law, renting out a unit in a class A multiple dwelling for fewer than 30 days is prohibited by law, allowing for better preservation of our affordable housing stock and protecting the rights of apartment dwellers. However, it can be difficult for enforcement agencies to determine which listings are illegal because they do not have access to the address of the unit or any pertinent information regarding the advertiser's link to the unit.
Ultimately, this results in the illegal rental of units by people and companies and shields them from the consequences. The lack of transpar- ency by short term rental platforms also creates safety issues, leading a number of major cities to enact regulations requiring that certain information be shared with city officials. Short term rentals can create a security risk for permanent residents who must contend with strangers going in and out of their building, having access to common areas, and occasionally using the space to conduct unlawful activity. Local enforcement agencies need to be equipped with the tools to identi- fy which buildings include units used for short term rentals so they can properly address potential security and safety issues as they arise.
Legislative history
2018: S.7740A - Referred to Housing, Construction & Community Development/A.10090 - Referred to Housing
Fiscal implications
None to the State.
Effective date
This bill shall take effect on the sixtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.