Requires nonresident visitor sex offenders and registered sex offenders register when temporarily residing within the state; requires short-term rental hosts and short-term rental hosting platforms inform nearby property owners when nonresident visitor sex offenders and registered sex offenders are staying in the unit.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3179
SPONSOR: Simpson TITLE OF BILL:
An act to amend the correction law and the general business law, in
relation to requiring nonresident visitor sex offenders and registered
sex offenders register when temporarily residing within the state
PURPOSE OR GENERAL IDEA OF SILL:
To safeguard families by providing a process requiring designated sex-
offenders to make notification of their intentions to stay at a short-
term rental property.
SUMMARY OF SPECIFIC PROVISIONS:
Section 168-a of the correction law is amended by adding a new subdivi-
sion 19 to include a definition of non-resident or non-resident sex-of-
fender. Also requires any nonresident visitor sex offender or sex offen-
der staying at a temporary residence to inform the owner of the
temporary residence if not a short-term rental unit or the short-term
rental host or the hosting platform of his or her status as a nonresi-
dent visitor sex offender or sex offender no later than ten days before
his or her stay at a temporary residence.
Subdivision 6 of section 168-f of the correction law, as added by 9
chapter 11 of the laws of 2002, is amended to require a resident or
nonresident sex-offender to report his/her stay at a temporary residence
to the Division of Criminal Justice Services within ten calendar days.
The general business law is amended by adding a new section 398-g to
include definitions of residential dwelling, short-term rental unit,
short-term rental host and hosting platform.
JUSTIFICATION:
Currently, there are no safeguards in effect to notify residents living
in properties adjacent to or in proximity to short-term rental units
that resident or non-resident level two or level three sex offenders are
occupying the unit regardless of the length of stay. The notification
required by this legislation would provide the opportunity for homeown-
ers in the community the opportunity to take additional measures to
safeguard their families prior to arrival of the sex-offender. The
provision requiring resident and non- resident sex offenders report a
temporary stay to Division of Criminal Justice Services provides the
local law enforcement jurisdiction to be vigilant of activities in the
community where the short-term rental unit is located.
PRIOR LEGISLATIVE HISTORY:
2023-24: A4997 - referred to correction / S3002 - referred to crime
victims, crime, and correction
FISCAL IMPLICATIONS:
TBD.
EFFECTIVE DATE:
This act shall take effect immediately.
