§ 447-B — Short-term rental units; regulation

§ 447-b. Short-term rental units; regulation. 1. A short-term rental\nhost may operate a dwelling unit as a short-term rental unit provided\nsuch dwelling unit:\n (a) is registered in accordance with section four hundred\nforty-seven-c of this article;\n (b) is not used to provide single room occupancy as defined by\nsubdivision forty-four of section four of the multiple residence law and\nsubdivision sixteen of section four of the multiple dwelling law;\n (c) includes a conspicuously posted evacuation diagram identifying all\nmeans of egress from the unit and the building in which it is located;\n (d) includes a conspicuously posted list of emergency phone numbers\nfor police, fire, and poison control;\n (e) has a working fire-extinguisher;\n (f) is insured by an insurer licensed to write insurance in this state\nor procured by a duly licensed excess line broker pursuant to section\ntwo thousand one hundred eighteen of the insurance law for a minimum of\nthree hundred thousand dollars coverage for third party claims of\nproperty damage or bodily injury that arise out of the operation of a\nshort-term rental unit. Such liability insurance coverage may be\nsatisfied by insurance maintained by a booking service that provides\nequal or greater coverage if a short-term rental host lists a short-term\nrental unit with such booking service. Notwithstanding any other\nprovision of law, no insurer shall be required to provide such coverage;\n (g) is not subject to the emergency tenant protection act of nineteen\nseventy-four, the rent stabilization law of nineteen sixty-nine, the\nemergency housing rent control law, the local emergency housing rent\ncontrol act or otherwise regulated or supervised by a federal, state, or\nlocal agency pursuant to any other law or rule or an agreement with such\nfederal, state, or local agency;\n (h) is in compliance with any additional health and safety\nrequirements or any other regulatory requirements applicable to\nshort-term rental units established by any covered jurisdiction in which\nsuch short-term rental unit is located; and\n (i) is not otherwise prohibited from operating as a short-term rental\nunit by federal, state, or local law, rules, and regulations.\n 2. Short-term rental hosts shall maintain records related to guest\nstays for two years following the end of the calendar year in which an\nindividual rental stay occurred, including the date of each stay and\nnumber of guests, the cost for each stay, including an itemization of\nthe sales tax and hotel and motel occupancy tax collected, and records\nrelated to their registration as short-term rental hosts with the county\nin which the short-term rental unit is located or with the multi-county\nregistry that includes such county. Short-term rental hosts shall make\nsuch records available to local enforcement agencies for the covered\njurisdiction in which the short-term rental unit is located when\nlawfully requested.\n 3. (a) Booking services shall collect data related to all short-term\nrental unit guest stays that the booking service facilitates within the\nstate. Booking services shall maintain such data related to short-term\nrental unit guest stays that the booking service has facilitated in the\nstate for two years following the end of the calendar year in which an\nindividual rental stay occurred. The data maintained by booking services\nshall include the dates of each stay and the number of guests, the cost\nfor each stay, including an itemization of the sales tax and hotel and\nmotel occupancy tax collected, the physical address, including any unit\ndesignation, of each short-term rental unit booked, the full legal name\nof each short-term rental unit host, and each short-term rental unit's\nregistration number. Beginning ninety days after the effective date of\nthis article, and on the first day of every January, April, July, and\nOctober thereafter, the booking service shall report such data to each\ncounty within which any short-term rental unit included in such data is\nlocated. In the event a booking service does not comply with its\nreporting obligations pursuant to this subdivision, or more information\nis requested by the attorney general or a covered jurisdiction or any of\nsuch covered jurisdiction's enforcement agencies, then the data required\nto be reported pursuant to this subdivision and all relevant records\nfrom a booking service shall be produced in response to valid legal\nprocess. The county which has received such data from a booking service\nshall share such data with all city, town, or village governments\nlocated within such county within sixty days of receiving such data and\nshall make such data available to city, town, or village enforcement\nagencies upon request. Such data and any records provided to generate\nsuch data shall not be made publicly available.\n (b) Booking services may require short-term rental hosts, as a term or\ncondition of service, to consent to booking services producing data\npursuant to paragraph (a) of this subdivision.\n (c) Nothing in this subdivision shall prevent a county, city, town, or\nvillage that is not a covered jurisdiction from establishing, amending,\nor maintaining its own booking service reporting obligations, nor shall\nthis subdivision supersede any existing booking service reporting\nobligations in a county, city, town, or village that is not a covered\njurisdiction.\n 4. It shall be unlawful for a booking service to collect a fee for\nfacilitating booking transactions for short-term rental units if the\nbooking service has not verified with the county in which the short-term\nrental unit is located or multi-county registry that includes such\ncounty the short-term rental unit and its owner or tenant have been\nissued a current, valid registration by the county in which the\nshort-term rental unit is located or by the multi-county registry that\nincludes such county.\n 5. Nothing in subdivisions one, two, or subdivision four of this\nsection, or in paragraph (a) of subdivision three of this section shall\nrequire a short-term rental host or booking service to comply with the\nrequirements of such subdivisions and paragraph before such time as a\ncounty has established a registry or multi-county registry pursuant to\nparagraph (a) of subdivision one of section four hundred forty-seven-c\nof this article.\n 6. The provisions of this article shall apply to all short-term rental\nunits; provided, however, that a county, city, town, or village,\nincluding but not limited to a city with a population of one million or\nmore, that has its own short-term rental unit or non-covered short-term\nrental unit registry or its own registration system for short-term\nrentals of dwelling units or other living or sleeping spaces, with the\ncoverage and requirements of such registration system as established\npursuant to local law, as of the effective date of this article may\ncontinue such registry or registration system and all short-term rental\nunits or non-covered short-term rental units in such county, city, town,\nor village shall only register with such county, city, town or village\nas provided in a local law, rule, or regulation and shall not be\nrequired to register pursuant to this article. Counties, cities, towns,\nand villages, including but not limited to a city with a population of\none million or more, with such registries as of the effective date of\nthis article shall maintain the authority to manage, amend, repeal, and\nestablish requirements and regulations for such existing registries and\nto impose and collect fines or otherwise enforce violations related to\nsuch registries. Where a county, city, town, or village, including but\nnot limited to a city with a population of one million or more, has such\na registry as of the effective date of this article, nothing in this\narticle shall prevent such county, city, town, or village from enacting\nand enforcing local laws or ordinances which meet or exceed the\nstandards or requirements set forth in this article.\n 7. No city, town, or village shall create its own short-term rental\nunit or non-covered short-term rental unit registry after the effective\ndate of this article unless such city, town or village is not a covered\njurisdiction and is not located within a covered jurisdiction. A city,\ntown, or village which is not a covered jurisdiction and which is not\nlocated within a covered jurisdiction may create such a registry.\nNothing in this article shall prevent a city, town, or village that is\nnot a covered jurisdiction and is not located within a covered\njurisdiction from enacting and enforcing local laws or ordinances which\nmeet or exceed the standards or requirements set forth in this article.\n