N.Y. Real Property Law § 447-b: Short-term rental units; regulation

§ 447-b. Short-term rental units; regulation. 1. A short-term rental

host may operate a dwelling unit as a short-term rental unit provided

such dwelling unit:

(a) is registered in accordance with section four hundred

forty-seven-c of this article;

(b) is not used to provide single room occupancy as defined by

subdivision forty-four of section four of the multiple residence law and

subdivision sixteen of section four of the multiple dwelling law;

(c) includes a conspicuously posted evacuation diagram identifying all

means of egress from the unit and the building in which it is located;

(d) includes a conspicuously posted list of emergency phone numbers

for police, fire, and poison control;

(e) has a working fire-extinguisher;

(f) is insured by an insurer licensed to write insurance in this state

or procured by a duly licensed excess line broker pursuant to section

two thousand one hundred eighteen of the insurance law for a minimum of

three hundred thousand dollars coverage for third party claims of

property damage or bodily injury that arise out of the operation of a

short-term rental unit. Such liability insurance coverage may be

satisfied by insurance maintained by a booking service that provides

equal or greater coverage if a short-term rental host lists a short-term

rental unit with such booking service. Notwithstanding any other

provision of law, no insurer shall be required to provide such coverage;

(g) is not subject to the emergency tenant protection act of nineteen

seventy-four, the rent stabilization law of nineteen sixty-nine, the

emergency housing rent control law, the local emergency housing rent

control act or otherwise regulated or supervised by a federal, state, or

local agency pursuant to any other law or rule or an agreement with such

federal, state, or local agency;

(h) is in compliance with any additional health and safety

requirements or any other regulatory requirements applicable to

short-term rental units established by any covered jurisdiction in which

such short-term rental unit is located; and

(i) is not otherwise prohibited from operating as a short-term rental

unit by federal, state, or local law, rules, and regulations.

2. Short-term rental hosts shall maintain records related to guest

stays for two years following the end of the calendar year in which an

individual rental stay occurred, including the date of each stay and

number of guests, the cost for each stay, including an itemization of

the sales tax and hotel and motel occupancy tax collected, and records

related to their registration as short-term rental hosts with the county

in which the short-term rental unit is located or with the multi-county

registry that includes such county. Short-term rental hosts shall make

such records available to local enforcement agencies for the covered

jurisdiction in which the short-term rental unit is located when

lawfully requested.

3. (a) Booking services shall collect data related to all short-term

rental unit guest stays that the booking service facilitates within the

state. Booking services shall maintain such data related to short-term

rental unit guest stays that the booking service has facilitated in the

state for two years following the end of the calendar year in which an

individual rental stay occurred. The data maintained by booking services

shall include the dates of each stay and the number of guests, the cost

for each stay, including an itemization of the sales tax and hotel and

motel occupancy tax collected, the physical address, including any unit

designation, of each short-term rental unit booked, the full legal name

of each short-term rental unit host, and each short-term rental unit's

registration number. Beginning ninety days after the effective date of

this article, and on the first day of every January, April, July, and

October thereafter, the booking service shall report such data to each

county within which any short-term rental unit included in such data is

located. In the event a booking service does not comply with its

reporting obligations pursuant to this subdivision, or more information

is requested by the attorney general or a covered jurisdiction or any of

such covered jurisdiction's enforcement agencies, then the data required

to be reported pursuant to this subdivision and all relevant records

from a booking service shall be produced in response to valid legal

process. The county which has received such data from a booking service

shall share such data with all city, town, or village governments

located within such county within sixty days of receiving such data and

shall make such data available to city, town, or village enforcement

agencies upon request. Such data and any records provided to generate

such data shall not be made publicly available.

(b) Booking services may require short-term rental hosts, as a term or

condition of service, to consent to booking services producing data

pursuant to paragraph (a) of this subdivision.

(c) Nothing in this subdivision shall prevent a county, city, town, or

village that is not a covered jurisdiction from establishing, amending,

or maintaining its own booking service reporting obligations, nor shall

this subdivision supersede any existing booking service reporting

obligations in a county, city, town, or village that is not a covered

jurisdiction.

4. It shall be unlawful for a booking service to collect a fee for

facilitating booking transactions for short-term rental units if the

booking service has not verified with the county in which the short-term

rental unit is located or multi-county registry that includes such

county the short-term rental unit and its owner or tenant have been

issued a current, valid registration by the county in which the

short-term rental unit is located or by the multi-county registry that

includes such county.

5. Nothing in subdivisions one, two, or subdivision four of this

section, or in paragraph (a) of subdivision three of this section shall

require a short-term rental host or booking service to comply with the

requirements of such subdivisions and paragraph before such time as a

county has established a registry or multi-county registry pursuant to

paragraph (a) of subdivision one of section four hundred forty-seven-c

of this article.

6. The provisions of this article shall apply to all short-term rental

units; provided, however, that a county, city, town, or village,

including but not limited to a city with a population of one million or

more, that has its own short-term rental unit or non-covered short-term

rental unit registry or its own registration system for 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, as of the effective date of this article may

continue such registry or registration system and all short-term rental

units or non-covered short-term rental units in such county, city, town,

or village shall only register with such county, city, town or village

as provided in a local law, rule, or regulation and shall not be

required to register pursuant to this article. Counties, cities, towns,

and villages, including but not limited to a city with a population of

one million or more, with such registries as of the effective date of

this article shall maintain the authority to manage, amend, repeal, and

establish requirements and regulations for such existing registries and

to impose and collect fines or otherwise enforce violations related to

such registries. Where a county, city, town, or village, including but

not limited to a city with a population of one million or more, has such

a registry as of the effective date of this article, nothing in this

article shall prevent such county, city, town, or village from enacting

and enforcing local laws or ordinances which meet or exceed the

standards or requirements set forth in this article.

7. No city, town, or village shall create its own short-term rental

unit or non-covered short-term rental unit registry after the effective

date of this article unless such city, town or village is not a covered

jurisdiction and is not located within a covered jurisdiction. A city,

town, or village which is not a covered jurisdiction and which is not

located within a covered jurisdiction may create such a registry.

Nothing in this article shall prevent a city, town, or village that is

not a covered jurisdiction and is not located within a covered

jurisdiction from enacting and enforcing local laws or ordinances which

meet or exceed the standards or requirements set forth in this article.