A08704 Summary:

BILL NOA08704C
 
SAME ASSAME AS S06340-A
 
SPONSORRosenthal
 
COSPNSRRichardson, Braunstein, Moya, Joyner, Markey, Hevesi, Wright, Simotas, Kim, Davila, Pichardo, Crespo, Seawright, Glick, Blake, Rivera, Cook, Mosley, Linares, Brennan, Colton, Titus, Walker, Weprin
 
MLTSPNSRBarron, Farrell, Robinson
 
Add §121, Mult Dwell L; add Art 18 §27-287.1, NYC Ad Cd
 
Relates to prohibiting advertising for the use of dwelling units in a class A multiple dwelling.
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A08704 Committee Votes:

HOUSING Chair:Wright DATE:05/17/2016AYE/NAY:18/8 Action: Favorable refer to committee Codes
WrightAyeFitzpatrickNay
CookAyeRaiaNay
RobinsonAyeFriendNay
RosenthalAyeGrafNay
KavanaghAyeJohnsNay
KearnsAyeKatzNay
MoyaAyeWalterNay
RodriguezExcusedCastorinaNay
SepulvedaAye
MosleyAye
KimAye
PichardoAye
LinaresAye
WalkerAye
JoynerAye
BlakeAye
DilanAye
BichotteExcused
DavilaAye
CancelAye

CODES Chair:Lentol DATE:06/15/2016AYE/NAY:13/9 Action: Favorable refer to committee Rules
LentolNayGrafNay
SchimmingerNayGiglioNay
WeinsteinAyeMcKevittNay
HevesiAyeMontesanoNay
WrightAyeRaNay
PretlowAyeTenneyNay
CookAye
CymbrowitzAye
TitusAye
O'DonnellAye
LavineNay
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye

RULES Chair:Heastie DATE:06/16/2016AYE/NAY:28/0 Action: Favorable
HeastieAyeKolbAye
GottfriedAyeTediscoAye
LentolAyeOaksAye
FarrellAyeButlerAye
GanttAyeCrouchAye
NolanAyeFinchExcused
WeinsteinAyeBarclayAye
HooperAyeRaiaAye
OrtizAyeDupreyAye
PretlowAye
CookAye
GlickAye
MorelleAye
AubryAye
EnglebrightAye
WrightExcused
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
MarkeyAye

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A08704 Floor Votes:

DATE:06/17/2016Assembly Vote  YEA/NAY: 110/24
AbbateYCrespoYGottfriedYLopezYPalumboERSimonY
AbinantiYCrouchNOGrafNOLupardoYPaulinYSimotasY
ArroyoYCurranERGuntherYLupinacciNOPeoples-StokesERSkartadosY
AubryYCusickNOHarrisNOMageeYPerryYSkoufisY
BarclayNOCymbrowitzYHawleyNOMagnarelliYPichardoYSolagesY
BarrettYDavilaYHevesiYMalliotakisYPretlowYStecY
BarronYDenDekkerYHikindERMarkeyYQuartYSteckY
BenedettoYDilanYHooperYMayerYRaYStirpeY
BichotteYDinowitzYHunterYMcDonaldNORaiaYTediscoY
BlakeYDiPietroERHyndmanYMcDonoughYRamosYTenneyER
BlankenbushNODupreyYJaffeeYMcKevittYRichardsonYThieleY
BrabenecYEnglebrightYJean-PierreYMcLaughlinERRiveraYTitoneY
BraunsteinYFahyYJohnsNOMillerYRobinsonYTitusY
BrennanERFarrellYJoynerYMontesanoYRodriguezYWalkerY
BrindisiNOFinchERKatzERMorelleYRosenthalYWalterNO
BronsonYFitzpatrickYKavanaghYMosleyYRozicYWeinsteinY
BuchwaldYFriendYKearnsYMoyaYRussellYWeprinY
ButlerYGalefYKimERMurrayYRyanYWilliamsY
CahillYGanttYKolbYNojayNOSaladinoYWoernerNO
CancelYGarbarinoNOLalorNONolanYSantabarbaraYWozniakER
CastorinaYGiglioNOLavineNOOaksYSchimelYWrightER
CerettoYGjonajYLawrenceYO'DonnellYSchimmingerNOZebrowskiY
ColtonYGlickYLentolNOOrtizYSeawrightYMr SpkrY
CookYGoldfederNOLiftonYOtisYSepulvedaY
CorwinNOGoodellNOLinaresYPalmesanoNOSimanowitzER

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A08704 Memo:

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.
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A08704 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8704--C
 
                   IN ASSEMBLY
 
                                    January 13, 2016
                                       ___________
 
        Introduced  by M. of A. ROSENTHAL, RICHARDSON, BRAUNSTEIN, MOYA, JOYNER,
          MARKEY, HEVESI, WRIGHT, GOLDFEDER,  SIMOTAS,  KIM,  DAVILA,  PICHARDO,
          CRESPO,  SEAWRIGHT, GLICK, BLAKE, RIVERA, COOK, MOSLEY, LINARES, BREN-
          NAN, COLTON, TITUS, WALKER -- Multi-Sponsored by -- M. of  A.  BARRON,
          FARRELL, ROBINSON, SIMON -- read once and referred to the Committee on
          Housing  --  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 recommit-
          ted to said committee -- reported and referred  to  the  Committee  on
          Codes  --  committee  discharged,  bill  amended, 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  prohibiting  advertising  that
          promotes  the use of dwelling units in a class A multiple dwelling for
          other than permanent residence purposes
 
          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 121 to read as follows:
     3    § 121. Prohibiting advertising that promotes the use of dwelling units
     4  in a class A  multiple  dwelling  for  other  than  permanent  residence
     5  purposes.  1.  It  shall  be  unlawful  to advertise occupancy or use of
     6  dwelling units in a class A multiple dwelling for occupancy  that  would
     7  violate  subdivision  eight  of  section four of this chapter defining a
     8  "class A" multiple dwelling as a multiple dwelling that is occupied  for
     9  permanent residence purposes.
    10    2. Any person found to have violated the provisions of subdivision one
    11  of this section shall be liable for a civil penalty of not more than one
    12  thousand  dollars for the first violation, five thousand dollars for the
    13  second violation and seven thousand five hundred dollars for  the  third
    14  and subsequent violations.
    15    3.  For  the purposes of this section, the term "advertise" shall mean
    16  any form of communication for  marketing  that  is  used  to  encourage,
    17  persuade  or  manipulate  viewers, readers or listeners into contracting
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13144-08-6

        A. 8704--C                          2
 
     1  for goods and/or services as may be viewed through various media includ-
     2  ing, but not limited to, newspapers, magazines, flyers, handbills, tele-
     3  vision commercials,  radio,  signage,  direct  mail,  websites  or  text
     4  messages.
     5    4.  Notwithstanding  the  provisions of section three hundred three of
     6  this chapter, in a city with a population of one  million  or  more  the
     7  provisions  of  this  section shall be enforced by the mayor's office of
     8  special enforcement.
     9    § 2. Subchapter 3 of chapter 1 of title 27 of the administrative  code
    10  of the city of New York is amended by adding a new article 18 to read as
    11  follows:
    12                                 ARTICLE 18
    13               UNLAWFUL ADVERTISEMENT FOR CERTAIN OCCUPANCIES
    14    § 27-287.1 Unlawful advertisement for certain occupancies. 1. It shall
    15  be unlawful to advertise occupancy or use of dwelling units in a class A
    16  multiple  dwelling for occupancy that would violate subdivision eight of
    17  section four of the multiple dwelling law defining a "class A"  multiple
    18  dwelling as a multiple dwelling that is occupied for permanent residence
    19  purposes.
    20    2.    The  provisions of this section shall be enforced by the mayor's
    21  office of special enforcement.  Any person found to  have  violated  the
    22  provisions  of  subdivision  one  of  this section shall be liable for a
    23  civil penalty of not more  than  one  thousand  dollars  for  the  first
    24  violation,  five  thousand  dollars  for  the second violation and seven
    25  thousand five hundred dollars for the third and subsequent violations.
    26    3. For the purposes of this section the term  "advertise"  shall  mean
    27  any  form of communication, promotion or solicitation, including but not
    28  limited to direct mail, newspapers, magazines, flyers, handbills,  tele-
    29  vision commercials, radio, signage, direct mail, websites, text messages
    30  or  similar  displays, intended or used to induce, encourage or persuade
    31  the public to enter into a contract for goods and/or services.
    32    § 3. This act shall take effect immediately.
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