N.Y. Real Property Law § 447-c: Registration

§ 447-c. Registration. 1. (a) All counties that are covered

jurisdictions shall be required to establish a registration system for

short-term rental units located within such county provided, however,

that counties may establish shared registries.

(b) Paragraph (a) of this subdivision shall not apply to any county

which, on or before the later of December thirty-first, two thousand

twenty-five or nine months after the effective date of this section,

adopts a local law stating that such county opts not to establish a

registration system for short-term rental units pursuant to this

subdivision. No such local law may be adopted after the later of

December thirty-first, two thousand twenty-five, or nine months after

the effective date of this section, provided, however, that a local law

repealing such local law may be adopted after such date.

(c) The establishment of a county or multi-county short-term rental

unit registration system pursuant to paragraph (a) of this subdivision

shall not prevent any city, town, or village therein from enacting local

laws or regulations concerning the operation of short-term rental units

within such city, town, or village.

(d) Notwithstanding any other provisions of this article to the

contrary, a county, city, town, or village may enact a local law

prohibiting or further limiting the listing or use of dwelling units, or

portions thereof, as short-term rental units or non-covered short-term

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

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

jurisdiction.

2. Short-term rental hosts shall be required to register a short-term

rental unit with the county within which such unit is located or with

the multi-county registry that includes such county.

(a) Registration shall be valid for two years, after which time the

short-term rental host may renew the registration in a manner prescribed

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

multi-county registry that includes such county. The county in which the

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

includes such county may revoke the registration of a short-term rental

host upon a determination that the short-term rental host has violated

any provision of this article at least three times in two consecutive

calendar years, and may determine that the short-term rental host shall

be ineligible for registration for a period of up to twelve months from

the date of such determination or at the request of the covered

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

covered jurisdiction requests such revocation due to illegal occupancy.

Listing or offering a dwelling unit, or portion thereof, as a short-term

rental unit without current, valid registration shall be unlawful and

shall make persons who list or offer such unit ineligible for

registration for a period of twelve months from the date a determination

is made that a violation has occurred. Any covered jurisdiction may

contract with another covered jurisdiction to provide either personnel

or services to facilitate the registration of short-term rental units or

enforcement of such registrations.

(b) A short-term rental host shall include their current, valid

registration number on all offerings, listings or advertisements for

short-term rental unit guest stays.

(c) A tenant, or other person that does not own a unit that is used as

a short-term rental unit but is in lawful possession of a short-term

rental unit, shall not qualify for registration if they are not the

permanent occupant of the dwelling unit in question and have not been

granted permission in writing by the owner for its short-term rental.

Proof of written consent by the owner shall be provided to and verified

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

multi-county registry that includes such county before the issuing or

renewal of a registration number.

(d) The county in which the short-term rental unit is located or the

multi-county registry that includes such county shall make available to

booking services the data necessary to allow booking services to verify

the registration status of a short-term rental unit and that the unit is

associated with the short-term rental host who registered the unit.

(e) No short-term rental unit shall be registered unless the

short-term rental host has paid the application and renewal registration

fees in an amount to be established by the county in which the

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

includes such county.

(f) Such application and registration fees shall include a fee for the

actual and necessary expenses associated with the construction,

operation, and maintenance of the county or multi-county registry and

for the enforcement of this article.

(g) Nothing in paragraphs (a) through (f) of this subdivision shall

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

requirements of such paragraphs before such time as a county has

established a registry or multi-county registry pursuant to paragraph

(a) of subdivision one of this section.

3. A county or multi-county registry may create a registration system

for booking services.

4. If a county creates a registration system for booking services

pursuant to subdivision three of this section, the county within which a

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

includes such county shall set a fee for booking service registration

with the county or multi-county registry that includes such county,

provided that such fee shall not exceed the actual and necessary

expenses associated with the construction, operation, and maintenance of

such booking services registration system.

5. Nothing herein shall prevent one or more counties that are covered

jurisdictions from establishing shared registration systems for

short-term rental units and/or booking services, provided any amount

allocated from the application and registration fees for the

construction, operation and maintenance of such shared short-term rental

unit and/or booking service registration systems shall be remitted

pursuant to the agreement establishing such multi-county registry.

6. Each county that is a covered jurisdiction shall post on its

website a prominent link to its registry or the multi-county registry in

which it is included.