NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8704C
SPONSOR: Rosenthal TITLE OF BILL:
An act to amend the multiple dwelling law and the administrative code of
the city of New York, in relation to prohibiting advertising that
promotes the use of dwelling units in a class A multiple dwelling for
other than permanent residence purposes
PURPOSE:
To make unlawful advertising for the use or occupancy of dwelling units
in class A multiple dwellings for purposes other than permanent resi-
dence, to create civil penalties for violations of this prohibition, and
to define the term "advertise" in such context.
SUMMARY OF PROVISIONS:
Section one amends the Multiple Dwelling Law by adding a new section
121. It makes unlawful to advertise the occupancy or use of dwelling
units in a class A multiple dwelling for purposes other than permanent
residence. It also contains civil penalty of not more than $1,000 for
the first violation, $5,000 for the second violation, and $7,500 for the
third and subsequent violations. Section 1 also defines the term "adver-
tise" as any form of communication for marketing that is used to encour-
age, persuade or manipulate viewers, readers or listeners into contract-
ing for goods and/or services as may be viewed through various media
including but not limited to newspapers, magazines, flyers, handbills,
television commercials, radio, signage, direct mail, websites, and text
messages.
Section two amends subchapter three of chapter one of title twenty seven
of the Administrative Code of the City of New York by adding a new Arti-
cle 18. This section makes it unlawful to advertise the occupancy or use
of dwelling units in a class A multiple dwelling for other than perma-
nent residence, creates civil penalties based on the number of
violations of this prohibition, and defines the term "advertise".
Section three contains the effective date.
JUSTIFICATION:
It is illegal in New York City to occupy a class A multiple dwelling
unit for fewer than 30 days. The legal prohibition against transient
occupancy in these dwellings was instituted to ensure that all buildings
comply with fire, building and other safety codes relative to their
class. Safety codes for class A multiple dwelling are different than for
buildings allowing transient occupancy to ensure that specific classes
of occupants are best protected.
In 2010, in the face of an explosion of illegal hotel operators in
single room occupancy buildings in New York City, New York State clari-
fied and strengthened the laws regarding transient occupancy in class A
multiple dwellings. Now, with the proliferation of online home sharing
platforms that allow users to advertise their apartments for use that
directly violates New York State's "illegal hotels" law, the purpose of
the "illegal hotels" law is at risk of being undone.
While it is already illegal to occupy a class A multiple dwelling for
less than 30 days, this legislation would clarify that it also illegal
to advertise units for occupancy that would violate New York law. Howev-
er, online home sharing platforms still contain advertisements for use
of units that would violate New York law. It rests with the city and
state to protect communities and existing affordable housing stock by
prohibiting advertisements that violate the law, creating a civil penal-
ty structure for those who violate the prohibition, and clarifying
activities that constitute advertising.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
