Bill Text: NY S07740 | 2017-2018 | General Assembly | Amended
Bill Title: Requires advertisements for certain accommodations to be submitted to designated enforcement agency.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2018-03-23 - PRINT NUMBER 7740A [S07740 Detail]
Download: New_York-2017-S07740-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7740--A IN SENATE February 14, 2018 ___________ Introduced by Sens. LANZA, KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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 New York dwelling for a period fewer than thirty consecutive 6 days shall include in its terms of service a clause requiring all users 7 of any online platform to consent to the disclosure of information list- 8 ed in this section to the department. Any online platform offering 9 advertisement for accommodation in a dwelling for a period of fewer than 10 thirty consecutive days shall submit the following information to the 11 department before such advertisement is permitted to be listed on such 12 platform: 13 (i) the exact physical address of the dwelling, including the street 14 name, street number, apartment number, borough, town and county; 15 (ii) the full legal name of the person offering accommodation in such 16 dwelling; 17 (iii) contact information including phone number and email address for 18 the local host or co-host for such dwelling; 19 (iv) the category of the dwelling as either a private dwelling as 20 defined in subdivision six of section four of this chapter, class A 21 multiple dwelling as defined in subdivision eight of section four of 22 this article or class B multiple dwelling as defined in subdivision nine 23 of section four of this chapter; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05476-11-8S. 7740--A 2 1 (v) whether the dwelling is covered by a rent control, rent stabiliza- 2 tion or affordable housing program and if so, the name of such program; 3 (vi) whether the entire dwelling or just a portion of such dwelling is 4 made available under the listing being advertised; and 5 (vii) whether the dwelling is the primary residence of the host. 6 b. The manner of the submissions required by paragraph a of this 7 subdivision shall be determined by the department. 8 2. Any person found to have violated the provisions of subdivision one 9 of this section shall be liable for a civil penalty of not more than one 10 thousand dollars for the first violation, five thousand dollars for the 11 second violation and seven thousand five hundred dollars for the third 12 and subsequent violations. 13 3. For the purposes of this section, the term "advertisement" shall 14 mean any form of communication for marketing that is used to encourage, 15 persuade or manipulate viewers, readers or listeners into contracting 16 for goods and/or services as may be viewed through various media includ- 17 ing, but not limited to, newspapers, magazines, fliers, handbills, tele- 18 vision commercials, radio, signage, direct mail, websites or text 19 messages. 20 4. Notwithstanding the provisions of section three hundred three of 21 this chapter, in a city with a population of one million or more the 22 provisions of this section shall be enforced by the mayor's office of 23 special enforcement. 24 5. This section shall not apply to advertisements or offers for occu- 25 pancy of such dwelling unit for fewer than thirty consecutive days by 26 other natural persons living within the household of the permanent occu- 27 pant such as house guests or lawful boarders, roomers or lodgers or 28 incidental and occasional occupancy of such dwelling unit for fewer than 29 thirty consecutive days by other natural persons when the permanent 30 occupants are temporarily absent for personal reasons such as vacation 31 or medical treatment, provided that there is no monetary compensation 32 paid to the permanent occupants for such occupancy. 33 § 2. Subchapter 3 of chapter 1 of title 27 of the administrative code 34 of the city of New York is amended by adding a new article 19 to read as 35 follows: 36 ARTICLE 19 37 ADVERTISEMENTS FOR CERTAIN 38 ACCOMMODATIONS 39 § 27-287.5 Advertisements for certain accommodations. 1. a. Any 40 online platform offering advertisement for accommodation in a New York 41 dwelling for a period fewer than thirty consecutive days shall include 42 in its terms of service a clause requiring all users of any online plat- 43 form to consent to the disclosure of information to the mayor's office 44 of special enforcement. Any online platform offering advertisement for 45 accommodation in a dwelling for a period of fewer than thirty consec- 46 utive days shall submit the following information to the office before 47 such advertisement is permitted to be listed on such platform: 48 (i) the exact physical address of the dwelling, including the street 49 name, street number, apartment number, borough, town and county; 50 (ii) the full legal name of the person offering accommodation in such 51 dwelling; 52 (iii) contact information including phone number and email address for 53 the local host or co-host for such dwelling; 54 (iv) the category of the dwelling as either a private dwelling as 55 defined in subdivision six of section four of the multiple dwelling law, 56 class A multiple dwelling as defined in subdivision eight of sectionS. 7740--A 3 1 four of the multiple dwelling law or class B multiple dwelling as 2 defined in subdivision nine of section four of the multiple dwelling 3 law; 4 (v) whether the dwelling is covered by a rent control, rent stabiliza- 5 tion or affordable housing program and if so, the name of such program; 6 (vi) whether the entire dwelling or just a portion of such dwelling is 7 made available under the listing being advertised; and 8 (vii) whether the dwelling is the primary residence of the host. 9 b. The manner of the submissions required by paragraph a of this 10 subdivision shall be determined by the mayor's office of special 11 enforcement. 12 2. This section shall not apply to advertisements or offers for occu- 13 pancy of such dwelling unit for fewer than thirty consecutive days by 14 other natural persons living within the household of the permanent occu- 15 pant such as house guests or lawful boarders, roomers or lodgers or 16 incidental and occasional occupancy of such dwelling unit for fewer than 17 thirty consecutive days by other natural persons when the permanent 18 occupants are temporarily absent for personal reasons such as vacation 19 or medical treatment, provided that there is no monetary compensation 20 paid to the permanent occupants for such occupancy. 21 § 3. This act shall take effect on the sixtieth day after it shall 22 have become a law; provided, however, that immediately, the addition, 23 amendment and/or repeal of any rule or regulation necessary for the 24 implementation of this act on its effective date are authorized and 25 directed to be made and completed on or before such effective date.
