§ 447-A — Definitions

New York § 447-A

• Jurisdiction: New York
• Law RPP: Real Property
• Art. 12-D: Short-term Rental Units

Text

§ 447-a. Definitions. For the purposes of this article, the following\nterms shall have the following meanings:\n 1. "Covered jurisdiction" means every county, city, town, and village\nin the state except for:\n (a) a city with a population of one million or more;\n (b) a county within a city with a population of one million or more;\n (c) a county which enacts a local law pursuant to paragraph (b) of\nsubdivision one of section four hundred forty-seven-c of this article\nstating that such county opts not to establish a registration system for\nshort-term rental units pursuant to such subdivision, provided that if\nsuch county repeals such local law, such county shall become a covered\njurisdiction immediately upon the repeal of such local law;\n (d) any city, town, or village located within a county which enacts a\nlocal law pursuant to paragraph (b) of subdivision one of section four\nhundred forty-seven-c of this article stating that such county opts not\nto establish a registration system for short-term rental units pursuant\nto such subdivision, provided that if such county repeals such local\nlaw, such city, town, or village will become a covered jurisdiction\nimmediately upon the repeal of such local law unless after such county\nenacted such local law and prior to such county repealing such local\nlaw, such city, town, or village enacts a local law creating its own\nregistry for short-term rental units or non-covered short-term rental\nunits located within such city, town, or village;\n (e) any county, city, town, or village that has a registration system\nfor non-covered short-term rental units or short-term rentals of\ndwelling units or other living or sleeping spaces, with the coverage and\nrequirements of such registration system as established pursuant to\nlocal law, where such registry exists as of the effective date of this\narticle; and\n (f) a county, city, town, or village that has lawfully enacted or\nlawfully enacts a local law prohibiting short-term rental units or\nnon-covered short-term rental units, or short-term rentals of dwelling\nunits or other living or sleeping spaces, within such county, city,\ntown, or village, regardless of whether such county, city, town, or\nvillage is or is not a covered jurisdiction or located within a covered\njurisdiction prior to such enactment.\n 2. "Short-term rental unit" means an entire dwelling unit, or a room,\ngroup of rooms, other living or sleeping space, or any other space\nwithin a dwelling, made available for rent by guests for less than\nthirty consecutive days, where the unit is offered for tourist or\ntransient use by the short-term rental host of the residential unit, and\nwhere such unit is located in a covered jurisdiction.\n 3. "Non-covered short-term rental unit" means an entire dwelling unit,\nor a room, group of rooms, other living or sleeping space, or any other\nspace within a dwelling, made available for rent by guests for less than\nthirty consecutive days, where the unit is offered for tourist or\ntransient use by a person or entity in lawful possession of the unit,\nand where such unit is in New York state but is not located in a covered\njurisdiction, provided that, however, in a city with a population of one\nmillion or more, "non-covered short-term rental unit" shall also include\nany building or portion of a building that is a short-term rental, as\nsuch term is defined in section 26-3101 of chapter thirty-one of title\ntwenty-six of the administrative code of the city of New York.\n 4. "Short-term rental host" means a person or entity in lawful\npossession of a short-term rental unit who rents such unit to guests in\naccordance with this article.\n 5. "Booking service" means a person or entity who, directly or\nindirectly:\n (a) provides one or more online, computer or application-based\nplatforms that individually or collectively can be used to:\n (i) list or advertise offers for short-term rentals of short-term\nrental units, and\n (ii) either accept such offers, or reserve or pay for such rentals;\nand\n (b) charges, collects or receives a fee for the use of such a platform\nor for provision of any service in connection with a short-term rental\nof a short-term rental unit.\n