§ 447-E — Penalties

§ 447-e. Penalties. 1. (a) Except as provided in paragraph (b) of this\nsubdivision, any booking service which collects a fee related to booking\na unit as a short-term rental unit where such short-term rental unit is\nnot registered in accordance with this article may be fined in\naccordance with subdivisions four and five of this section. Any covered\njurisdiction in which such unregistered short-term rental unit is\nlocated or the attorney general or the attorney general's designee may\nalso seek an injunction from a court of competent jurisdiction\nprohibiting the collection of any fees relating to the offering or\nrenting of such short-term rental unit as a short-term rental.\n (b) A booking service shall not be subject to a fine pursuant to\nparagraph (a) of this subdivision before such time as a county has\nestablished a registry or multi-county registry pursuant to paragraph\n(a) of subdivision one of section four hundred forty-seven-c of this\narticle.\n 2. (a) Except as provided in paragraph (b) of this subdivision, any\nperson who offers a short-term rental unit without registering with the\ncounty within which such unit is located or with the multi-county\nregistry that includes such county, or any person who offers an eligible\nshort-term rental unit as a short-term rental while the short-term\nrental unit's registration on the short-term rental unit registry is\nsuspended, may be fined in accordance with subdivisions four and five of\nthis section.\n (b) A person shall not be subject to a fine pursuant to paragraph (a)\nof this subdivision before such time as a county has established a\nregistry or multi-county registry pursuant to paragraph (a) of\nsubdivision one of section four hundred forty-seven-c of this article.\n 3. Any person who fails to comply with any notice of violation or\nother order issued pursuant to this article by any covered jurisdiction\nin which the short-term rental unit concerning the violation is located\nor by the attorney general or the attorney general's designee for a\nviolation of any provision of this article may be fined in accordance\nwith subdivisions four and five of this section.\n 4. (a) Except as provided in paragraph (b) of this subdivision, a\nshort-term rental host that violates the requirements of this article\nshall receive a warning notice issued, without penalty, by the county\nwithin which the applicable short-term rental unit is located or by the\nmulti-county registry that includes such county upon the first and\nsecond violation. The warning notice shall detail actions to be taken to\ncure the violation. For a third violation a fine up to two hundred\ndollars may be imposed by the county within which the applicable\nshort-term rental unit is located or by the multi-county registry that\nincludes such county. For each subsequent violation, a fine of up to\nfive hundred dollars per day may be imposed by the county within which\nthe applicable short-term rental unit is located or by the multi-county\nregistry that includes such county. Upon the issuance of a violation, a\nseven-day period to cure the violation shall be granted. During such\ncure period, no further fines shall be accumulated against the\nshort-term rental host, except where a new violation is related to a\ndifferent short-term rental unit.\n (b) Nothing in paragraph (a) of this subdivision shall supersede or\nlimit in any way the authority of enforcement agencies for a covered\njurisdiction in which the short-term rental unit is located, or the\nauthority of any other entity with enforcement authority over local\nhealth and safety matters, to timely enforce violations of any health\nand safety laws or regulations.\n 5. A booking service that violates the requirements of this article\nmay be issued a fine by any county in which a short-term rental unit\nassociated with a violation is located or by a multi-county registry\nthat includes such county of up to five hundred dollars per day, per\nviolation, until such violation is cured.\n 6. Nothing in this section shall prevent a county, city, town, or\nvillage that is not a covered jurisdiction and is not within a covered\njurisdiction and that has its own registration system for non-covered\nshort-term rental units or short-term rentals of dwelling units or other\nliving or sleeping spaces, with the coverage and requirements of such\nregistration system as established pursuant to local law, from\nmaintaining, establishing, amending, and effectuating its own penalty\nsystem related to such registration system.\n