(a) Eligibility for registration. A dwelling unit shall not be eligible for registration with the department as a shared housing unit, or for renewal of such registration, if: (1) any of the conditions of ineligibility applicable to a short term residential rental, as set forth in Section 4-13-260(a), exist; or (2) the shared housing host identified on the registration application required under Section 4-14-020 has any outstanding debt to the City resulting from any unpaid fine incurred in connection with any violation of Chapter 4-14 of this Code, unless and until such debt is satisfied or otherwise resolved within the meaning of Section 2-32-094(a).
(b) Failure to meet eligibility requirements – Notice and opportunity for a hearing. When, in the determination of the commissioner, a shared housing unit fails to meet the eligibility requirements for registration or renewal of registration, the commissioner shall notify the shared housing host, in writing, of such fact and of the basis for such ineligibility. Such notice shall: (1) include a statement informing the shared housing host that the shared housing host may, within 10 calendar days of the date on which the notice is sent, request, in a form and manner prescribed by the commissioner in rules, a hearing before the commissioner to review the determination of ineligibility under Section 4-13-260(a) for registration; and (2) advise the shared housing host that such host is entitled to present to the commissioner any document, including affidavits, related to the shared housing unit's eligibility. If requested, a hearing before the commissioner shall commence within 10 business days of receipt of such request. Within 60 calendar days of completion of the hearing the commissioner shall make a determination of the shared housing unit's eligibility based upon the evidence presented. The commissioner's decision shall be final and may be appealed in the manner provided by law. If a shared housing host fails to request a hearing within the prescribed time, the commissioner's determination of ineligibility shall be final and the shared housing unit shall be deemed ineligible for registration.
(c) Rental of ineligible units prohibited – Removal from platform required. If, following a final determination of ineligibility under Section 4-13-260(b) or Section 4-14-030(b), the shared housing host is notified in writing by the commissioner that a shared housing unit is ineligible to be listed on any platform, the shared housing host shall: (i) remove the ineligible listing from any platform where it is listed; and (ii) not rent or allow any family member to rent the shared housing unit identified in such notice. In addition to any other penalty provided by law, any shared housing host who fails to comply with this subsection shall be fined $5,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 6-22-16, p. 27712, § 9; Amend Coun. J. 9-9-20, p. 20269, § 26; Amend Coun. J. 3-24-21, p. 28843, § 1)