STATE OF NEW YORK ________________________________________________________________________ 3180 2019-2020 Regular Sessions IN SENATE February 4, 2019 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02150-02-9S. 3180 2 1 this article or class B multiple dwelling as defined in subdivision nine 2 of section four of this chapter; 3 (v) whether the dwelling is covered by a rent control, rent stabiliza- 4 tion or affordable housing program and if so, the name of such program; 5 (vi) whether the entire dwelling or just a portion of such dwelling is 6 made available under the listing being advertised; and 7 (vii) whether the dwelling is the primary residence of the host. 8 b. The manner of the submissions required by paragraph a of this 9 subdivision shall be determined by the department. 10 2. Any person found to have violated the provisions of subdivision one 11 of this section shall be liable for a civil penalty of not more than one 12 thousand dollars for the first violation, five thousand dollars for the 13 second violation and seven thousand five hundred dollars for the third 14 and subsequent violations. 15 3. For the purposes of this section, the term "advertisement" shall 16 mean any form of communication for marketing that is used to encourage, 17 persuade or manipulate viewers, readers or listeners into contracting 18 for goods and/or services as may be viewed through various media includ- 19 ing, but not limited to, newspapers, magazines, fliers, handbills, tele- 20 vision commercials, radio, signage, direct mail, websites or text 21 messages. 22 4. Notwithstanding the provisions of section three hundred three of 23 this chapter, in a city with a population of one million or more the 24 provisions of this section shall be enforced by the mayor's office of 25 special enforcement. 26 5. This section shall not apply to advertisements or offers for occu- 27 pancy of such dwelling unit for fewer than thirty consecutive days by 28 other natural persons living within the household of the permanent occu- 29 pant such as house guests or lawful boarders, roomers or lodgers or 30 incidental and occasional occupancy of such dwelling unit for fewer than 31 thirty consecutive days by other natural persons when the permanent 32 occupants are temporarily absent for personal reasons such as vacation 33 or medical treatment, provided that there is no monetary compensation 34 paid to the permanent occupants for such occupancy. 35 § 2. Subchapter 3 of chapter 1 of title 27 of the administrative code 36 of the city of New York is amended by adding a new article 19 to read as 37 follows: 38 ARTICLE 19 39 ADVERTISEMENTS FOR CERTAIN 40 ACCOMMODATIONS 41 § 27-287.5 Advertisements for certain accommodations. 1. a. Any 42 online platform offering advertisement for accommodation in a New York 43 dwelling for a period fewer than thirty consecutive days shall include 44 in its terms of service a clause requiring all users of any online plat- 45 form to consent to the disclosure of information to the mayor's office 46 of special enforcement. Any online platform offering advertisement for 47 accommodation in a dwelling for a period of fewer than thirty consec- 48 utive days shall submit the following information to the office before 49 such advertisement is permitted to be listed on such platform: 50 (i) the exact physical address of the dwelling, including the street 51 name, street number, apartment number, borough, town and county; 52 (ii) the full legal name of the person offering accommodation in such 53 dwelling; 54 (iii) contact information including phone number and email address for 55 the local host or co-host for such dwelling;S. 3180 3 1 (iv) the category of the dwelling as either a private dwelling as 2 defined in subdivision six of section four of the multiple dwelling law, 3 class A multiple dwelling as defined in subdivision eight of section 4 four of the multiple dwelling law or class B multiple dwelling as 5 defined in subdivision nine of section four of the multiple dwelling 6 law; 7 (v) whether the dwelling is covered by a rent control, rent stabiliza- 8 tion or affordable housing program and if so, the name of such program; 9 (vi) whether the entire dwelling or just a portion of such dwelling is 10 made available under the listing being advertised; and 11 (vii) whether the dwelling is the primary residence of the host. 12 b. The manner of the submissions required by paragraph a of this 13 subdivision shall be determined by the mayor's office of special 14 enforcement. 15 2. This section shall not apply to advertisements or offers for occu- 16 pancy of such dwelling unit for fewer than thirty consecutive days by 17 other natural persons living within the household of the permanent occu- 18 pant such as house guests or lawful boarders, roomers or lodgers or 19 incidental and occasional occupancy of such dwelling unit for fewer than 20 thirty consecutive days by other natural persons when the permanent 21 occupants are temporarily absent for personal reasons such as vacation 22 or medical treatment, provided that there is no monetary compensation 23 paid to the permanent occupants for such occupancy. 24 § 3. This act shall take effect on the sixtieth day after it shall 25 have become a law. Effective immediately, the addition, amendment and/or 26 repeal of any rule or regulation necessary for the implementation of 27 this act on its effective date are authorized to be made and completed 28 on or before such effective date.