N.Y. Real Property Law § 447-e: Penalties

§ 447-e. Penalties. 1. (a) Except as provided in paragraph (b) of this

subdivision, any booking service which collects a fee related to booking

a unit as a short-term rental unit where such short-term rental unit is

not registered in accordance with this article may be fined in

accordance with subdivisions four and five of this section. Any covered

jurisdiction in which such unregistered short-term rental unit is

located or the attorney general or the attorney general's designee may

also seek an injunction from a court of competent jurisdiction

prohibiting the collection of any fees relating to the offering or

renting of such short-term rental unit as a short-term rental.

(b) A booking service shall not be subject to a fine pursuant to

paragraph (a) of this subdivision 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.

2. (a) Except as provided in paragraph (b) of this subdivision, any

person who offers a short-term rental unit without registering with the

county within which such unit is located or with the multi-county

registry that includes such county, or any person who offers an eligible

short-term rental unit as a short-term rental while the short-term

rental unit's registration on the short-term rental unit registry is

suspended, may be fined in accordance with subdivisions four and five of

this section.

(b) A person shall not be subject to a fine pursuant to paragraph (a)

of this subdivision 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.

3. Any person who fails to comply with any notice of violation or

other order issued pursuant to this article by any covered jurisdiction

in which the short-term rental unit concerning the violation is located

or by the attorney general or the attorney general's designee for a

violation of any provision of this article may be fined in accordance

with subdivisions four and five of this section.

4. (a) Except as provided in paragraph (b) of this subdivision, a

short-term rental host that violates the requirements of this article

shall receive a warning notice issued, without penalty, by the county

within which the applicable short-term rental unit is located or by the

multi-county registry that includes such county upon the first and

second violation. The warning notice shall detail actions to be taken to

cure the violation. For a third violation a fine up to two hundred

dollars may be imposed by the county within which the applicable

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

includes such county. For each subsequent violation, a fine of up to

five hundred dollars per day may be imposed by the county within which

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

registry that includes such county. Upon the issuance of a violation, a

seven-day period to cure the violation shall be granted. During such

cure period, no further fines shall be accumulated against the

short-term rental host, except where a new violation is related to a

different short-term rental unit.

(b) Nothing in paragraph (a) of this subdivision shall supersede or

limit in any way the authority of enforcement agencies for a covered

jurisdiction in which the short-term rental unit is located, or the

authority of any other entity with enforcement authority over local

health and safety matters, to timely enforce violations of any health

and safety laws or regulations.

5. A booking service that violates the requirements of this article

may be issued a fine by any county in which a short-term rental unit

associated with a violation is located or by a multi-county registry

that includes such county of up to five hundred dollars per day, per

violation, until such violation is cured.

6. Nothing in this section shall prevent a county, city, town, or

village that is not a covered jurisdiction and is not within a covered

jurisdiction and that has its own 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, from

maintaining, establishing, amending, and effectuating its own penalty

system related to such registration system.