N.Y. Real Property Law § 447-a: Definitions

§ 447-a. Definitions. For the purposes of this article, the following

terms shall have the following meanings:

1. "Covered jurisdiction" means every county, city, town, and village

in the state except for:

(a) a city with a population of one million or more;

(b) a county within a city with a population of one million or more;

(c) a county which enacts a local law pursuant to paragraph (b) of

subdivision one of section four hundred forty-seven-c of this article

stating that such county opts not to establish a registration system for

short-term rental units pursuant to such subdivision, provided that if

such county repeals such local law, such county shall become a covered

jurisdiction immediately upon the repeal of such local law;

(d) any city, town, or village located within a county which enacts a

local law pursuant to paragraph (b) of subdivision one of section four

hundred forty-seven-c of this article stating that such county opts not

to establish a registration system for short-term rental units pursuant

to such subdivision, provided that if such county repeals such local

law, such city, town, or village will become a covered jurisdiction

immediately upon the repeal of such local law unless after such county

enacted such local law and prior to such county repealing such local

law, such city, town, or village enacts a local law creating its own

registry for short-term rental units or non-covered short-term rental

units located within such city, town, or village;

(e) any county, city, town, or village that has a registration system

for non-covered short-term rental units or short-term rentals of

dwelling units or other living or sleeping spaces, with the coverage and

requirements of such registration system as established pursuant to

local law, where such registry exists as of the effective date of this

article; and

(f) a county, city, town, or village that has lawfully enacted or

lawfully enacts a local law prohibiting short-term rental units or

non-covered short-term rental units, or short-term rentals of dwelling

units or other living or sleeping spaces, within such county, city,

town, or village, regardless of whether such county, city, town, or

village is or is not a covered jurisdiction or located within a covered

jurisdiction prior to such enactment.

2. "Short-term rental unit" means an entire dwelling unit, or a room,

group of rooms, other living or sleeping space, or any other space

within a dwelling, made available for rent by guests for less than

thirty consecutive days, where the unit is offered for tourist or

transient use by the short-term rental host of the residential unit, and

where such unit is located in a covered jurisdiction.

3. "Non-covered short-term rental unit" means an entire dwelling unit,

or a room, group of rooms, other living or sleeping space, or any other

space within a dwelling, made available for rent by guests for less than

thirty consecutive days, where the unit is offered for tourist or

transient use by a person or entity in lawful possession of the unit,

and where such unit is in New York state but is not located in a covered

jurisdiction, provided that, however, in a city with a population of one

million or more, "non-covered short-term rental unit" shall also include

any building or portion of a building that is a short-term rental, as

such term is defined in section 26-3101 of chapter thirty-one of title

twenty-six of the administrative code of the city of New York.

4. "Short-term rental host" means a person or entity in lawful

possession of a short-term rental unit who rents such unit to guests in

accordance with this article.

5. "Booking service" means a person or entity who, directly or

indirectly:

(a) provides one or more online, computer or application-based

platforms that individually or collectively can be used to:

(i) list or advertise offers for short-term rentals of short-term

rental units, and

(ii) either accept such offers, or reserve or pay for such rentals;

and

(b) charges, collects or receives a fee for the use of such a platform

or for provision of any service in connection with a short-term rental

of a short-term rental unit.