As used in this chapter:
Administering agency. The term "administering agency" means the office of special enforcement, as established under executive order number 96 for the year 2006, or such other agency as the mayor may designate by executive order.
Application program interface. The term "application program interface" means a software intermediary that makes it possible for application programs to interact with each other and share data or successor technologies.
Class B multiple dwelling. The term class B multiple dwelling has the meaning ascribed to such term by subchapter 1 of the housing maintenance code.
Booking service. The term "booking service" has the meaning ascribed to such term by section 26-2101, as added by local law number 146 for the year 2018.
Directly or indirectly. The term "directly or indirectly" has the meaning ascribed to such term by section 26-2101.
Dwelling unit. The term "dwelling unit" has the meaning ascribed to such term by subchapter 1 of the housing maintenance code.
Electronic verification system. The term "electronic verification system" means an application program interface created and maintained by the administering agency that a booking service may use to: (i) verify whether the housing accommodation or dwelling unit that is the subject of a short-term rental is included on the list of class B multiple dwellings published pursuant to section 26-2103, as added by local law number 146 for the year 2018; or (ii) verify that the dwelling unit or housing accommodation that is the subject of such short-term rental has a currently valid short-term rental registration number, and that the full legal name of the host and the physical address of the dwelling unit associated with such short-term rental match the host and physical address information associated with such registration number, and that the uniform resource locator or listing identifier being used to offer the short term rental is associated with the currently valid short-term rental registration number; and (iii) obtain a unique confirmation number reflecting that such verification has occurred.
Listing. The term "listing" means an advertisement on a booking service that offers a short-term rental.
Short-term rental. The term "short-term rental" has the meaning ascribed to such term in section 26-2101, as added by local law number 146 for the year 2018.
Short-term rental registration number. The term "short-term rental registration number" means a registration number issued in accordance with the registration of a dwelling unit pursuant to chapter 31 of this title.
(L.L. 2022/018, 1/9/2022, eff. 1/9/2023)
a. It shall be unlawful for a booking service to charge, collect or receive a fee from a person in connection with a short-term rental of a dwelling unit or housing accommodation unless such booking service has used the electronic verification system maintained by the administering agency either to (i) verify that such short-term rental is for a dwelling unit or housing accommodation within a class B multiple dwelling on the list of class B multiple dwellings published pursuant to section 26-2103, as added by local law number 146 for the year 2018; or (ii) to verify that the dwelling unit or housing accommodation that is the subject of such short-term rental is associated with the short-term rental registration number submitted by such person to the booking service and such registration is currently valid, that the uniform resource locator or listing identifier being used to offer the short-term rental is associated with the short-term rental registration number, and that the host and physical address information provided by such person to the booking service match the information contained in the electronic verification system, including, but not limited to, the full legal name of the host and the full physical address of the dwelling unit or housing accommodation. The electronic verification system shall provide a unique confirmation number reflecting that such verification has occurred. A booking service shall reconfirm the active registration of a dwelling unit any time it knows or should have known that any data it used to complete the verification in this section has changed, and the administering agency may establish by rule a minimum reverification period.
b. A booking service shall report to the administering agency on a monthly basis in a manner and form established by the administering agency for each transaction relating to a short-term rental: the booking services public uniform resource locator for the listing or other identifier, and the unique confirmation number obtained from the electronic verification. Upon submission of such report, a booking service shall certify that the verification required by subdivision a of this section has occurred for each transaction in the report.
c. Electronic verification system fee. There shall be a fee for the use of the electronic verification system in an amount to be established by rule by the administering agency. Such fee shall not exceed the cost to build, operate, and maintain such system.
(L.L. 2022/018, 1/9/2022, eff. 1/9/2023)
a. For each transaction in which a booking service charges, collects or receives a fee, directly or indirectly, for activity described in the definition of booking service in relation to a short-term rental in violation of subdivision a of section 26-3202, such booking service shall be liable for a civil penalty of not more than $1,500; provided that if such booking service can establish the amount of such fee, such civil penalty shall be not more than three times such fee.
b. If a booking service fails to provide information in compliance with subdivision b of section 26-3202, such booking service shall be liable for a civil penalty to be assessed once per reporting period for each transaction the booking service has failed to report. The civil penalty shall not be more than the greater of $1,500 or the total fees collected during the preceding year by the booking service for transactions related to the registration number or uniform resource locater.
c. Civil penalties for violations of this chapter and rules of the administering agency promulgated pursuant to this chapter may be recovered in proceedings before an administrative tribunal within the jurisdiction of the office of administrative trials and hearings in accordance with the rules of such tribunal or in an action in a court of competent jurisdiction. Notices of violation, administrative summonses and appearance tickets for violations may be issued by officers and employees of the administering agency or other city agencies designated by such administering agency.
d. The administering agency shall be authorized to conduct investigations, to issue subpoenas, to receive evidence, to hear complaints regarding activities subject to this section, to hold public hearings, to take testimony and to promulgate, amend and modify procedures and practices governing such proceedings.
(L.L. 2022/018, 1/9/2022, eff. 5/9/2023)