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A04153 Summary:

BILL NOA04153B
 
SAME ASNo Same As
 
SPONSORRosenthal L
 
COSPNSRMosley, De La Rosa, Dinowitz, Gottfried, Glick, Carroll, Seawright, Colton, Pichardo, Sepulveda, Brindisi, D'Urso, Hevesi, Walker, Hikind, Quart, Abbate, Ortiz, Blake, Davila, Barnwell, Pheffer Amato, Abinanti, Rosenthal D, Niou, Bichotte, Richardson, Jean-Pierre, Hooper, Miller MG, Braunstein, Pellegrino
 
MLTSPNSRBuchwald, Ramos, Solages
 
Add §15, Mult Dwell L; add Art 19 §27-287.5, NYC Ad Cd
 
Requires advertisements for certain accommodations to be submitted to designated enforcement agency.
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A04153 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4153--B
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 1, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
          Committee on Consumer Affairs and Protection -- committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee -- again  reported  from  said  committee  with  amendments,
          ordered reprinted as amended and recommitted to said committee

        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 Assem-
        bly, do enact as follows:
 
     1    Section 1. The multiple dwelling  law  is  amended  by  adding  a  new
     2  section 15 to read as follows:
     3    §  15.  Advertisements for the use of dwelling units; required disclo-
     4  sures.  1. a. Any online platform offering  advertisement  for  accommo-
     5  dation  in  a  dwelling  for a period fewer than thirty consecutive days
     6  shall submit the following information to  the  department  before  such
     7  advertisement is permitted to be listed on such platform:
     8    (i)  the  exact physical address of the dwelling, including the street
     9  name, street number, apartment number, borough, town and county;
    10    (ii) the full legal name of the person offering accommodation in  such
    11  dwelling;
    12    (iii) contact information including phone number and email address for
    13  the local host or co-host for such dwelling;
    14    (iv)  the  category  of  the  dwelling as either a private dwelling as
    15  defined in subdivision six of section four  of  this  chapter,  class  A
    16  multiple  dwelling  as  defined  in subdivision eight of section four of
    17  this article or class B multiple dwelling as defined in subdivision nine
    18  of section four of this chapter;
    19    (v) whether the dwelling is covered by a rent control, rent stabiliza-
    20  tion or affordable housing program and if so, the name of such program;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05476-09-7

        A. 4153--B                          2
 
     1    (vi) whether the entire dwelling or just a portion of such dwelling is
     2  made available under the listing being advertised; and
     3    (vii) whether the dwelling is the primary residence of the host.
     4    b.  The  manner  of  the  submissions  required by paragraph a of this
     5  subdivision shall be determined by the department.
     6    2. Any person found to have violated the provisions of subdivision one
     7  of this section shall be liable for a civil penalty of not more than one
     8  thousand dollars for the first violation, five thousand dollars for  the
     9  second  violation  and seven thousand five hundred dollars for the third
    10  and subsequent violations.
    11    3. For the purposes of this section, the  term  "advertisement"  shall
    12  mean  any form of communication for marketing that is used to encourage,
    13  persuade or manipulate viewers, readers or  listeners  into  contracting
    14  for goods and/or services as may be viewed through various media includ-
    15  ing, but not limited to, newspapers, magazines, fliers, handbills, tele-
    16  vision  commercials,  radio,  signage,  direct  mail,  websites  or text
    17  messages.
    18    4. Notwithstanding the provisions of section three  hundred  three  of
    19  this  chapter,  in  a  city with a population of one million or more the
    20  provisions of this section shall be enforced by the  mayor's  office  of
    21  special enforcement.
    22    5.  This section shall not apply to advertisements or offers for occu-
    23  pancy of such dwelling unit for fewer than thirty  consecutive  days  by
    24  other natural persons living within the household of the permanent occu-
    25  pant  such  as  house  guests  or lawful boarders, roomers or lodgers or
    26  incidental and occasional occupancy of such dwelling unit for fewer than
    27  thirty consecutive days by other  natural  persons  when  the  permanent
    28  occupants  are  temporarily absent for personal reasons such as vacation
    29  or medical treatment, provided that there is  no  monetary  compensation
    30  paid to the permanent occupants for such occupancy.
    31    §  2. Subchapter 3 of chapter 1 of title 27 of the administrative code
    32  of the city of New York is amended by adding a new article 19 to read as
    33  follows:
    34                                 ARTICLE 19
    35                         ADVERTISEMENTS FOR CERTAIN
    36                               ACCOMMODATIONS
    37    § 27-287.5 Advertisements for  certain  accommodations.    1.  a.  Any
    38  online  platform  offering advertisement for accommodation in a dwelling
    39  for a period fewer than thirty consecutive days shall submit the follow-
    40  ing information to the mayor's office of special enforcement before such
    41  advertisement is permitted to be listed on such platform:
    42    (i) the exact physical address of the dwelling, including  the  street
    43  name, street number, apartment number, borough, town and county;
    44    (ii)  the full legal name of the person offering accommodation in such
    45  dwelling;
    46    (iii) contact information including phone number and email address for
    47  the local host or co-host for such dwelling;
    48    (iv) the category of the dwelling as  either  a  private  dwelling  as
    49  defined in subdivision six of section four of the multiple dwelling law,
    50  class  A  multiple  dwelling  as defined in subdivision eight of section
    51  four of the multiple dwelling  law  or  class  B  multiple  dwelling  as
    52  defined  in  subdivision  nine  of section four of the multiple dwelling
    53  law;
    54    (v) whether the dwelling is covered by a rent control, rent stabiliza-
    55  tion or affordable housing program and if so, the name of such program;

        A. 4153--B                          3
 
     1    (vi) whether the entire dwelling or just a portion of such dwelling is
     2  made available under the listing being advertised; and
     3    (vii) whether the dwelling is the primary residence of the host.
     4    b.  The  manner  of  the  submissions  required by paragraph a of this
     5  subdivision shall  be  determined  by  the  mayor's  office  of  special
     6  enforcement.
     7    2.  This section shall not apply to advertisements or offers for occu-
     8  pancy of such dwelling unit for fewer than thirty  consecutive  days  by
     9  other natural persons living within the household of the permanent occu-
    10  pant  such  as  house  guests  or lawful boarders, roomers or lodgers or
    11  incidental and occasional occupancy of such dwelling unit for fewer than
    12  thirty consecutive days by other  natural  persons  when  the  permanent
    13  occupants  are  temporarily absent for personal reasons such as vacation
    14  or medical treatment, provided that there is  no  monetary  compensation
    15  paid to the permanent occupants for such occupancy.
    16    §  3.  This  act  shall take effect on the sixtieth day after it shall
    17  have become a law; provided, however, that  immediately,  the  addition,
    18  amendment  and/or  repeal  of  any  rule or regulation necessary for the
    19  implementation of this act on its  effective  date  are  authorized  and
    20  directed to be made and completed on or before such effective date.
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