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a. Each licensee shall conspicuously display a true copy of the license issued pursuant to this subchapter in publicly visible areas of the hotel where other legally required notices may be displayed.
b. In accordance with applicable law and rules, the commissioner may inspect a hotel for violations of this subchapter and rules promulgated thereunder.
(L.L. 2024/104, 11/4/2024, eff. 5/3/2025)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2024/104.
a. Front desk staffing.
1. Except as provided by paragraph 2 of this subdivision, a hotel operator must schedule at least one employee to provide continuous coverage of a front desk.
2. During an overnight shift, in lieu of such front desk staff, an operator of a hotel may schedule a security guard who is able to assist guests and has undergone human trafficking recognition training in accordance with this subchapter.
3. The staff required pursuant to paragraphs 1 and 2 of subdivision a of this section must be available to confirm the identity of guests checking in to such hotel.
b. Security guards.
1. Each hotel must maintain safe conditions for guests and hotel workers.
2. An operator of a large hotel must schedule at least one security guard to provide continuous coverage on the premises of such hotel while any guest room in such hotel is occupied.
c. Guest room cleanliness.
1. An operator of a hotel must maintain the cleanliness of guest rooms, sanitary facilities, and hotel common areas.
2. An operator of a hotel must provide every guest room with clean towels, sheets, and pillowcases prior to occupancy by a new guest.
3. Upon request by a guest, an operator of a hotel must replace the towels, sheets, and pillowcases of an occupied guest room.
4. An operator of a hotel must clean an occupied guest room and remove trash daily unless a guest affirmatively declines such cleaning and trash removal services. Hotels may not impose any fee or collect any charge for daily room cleaning nor offer any discount or incentive to forgo daily room cleaning.
d. Prohibition against short duration bookings. An operator of a hotel, other than an airport hotel, may not accept reservations for a guest room for a duration of less than 4 hours.
e. Prohibition against facilitating human trafficking. An operator of a hotel may not permit the premises of such hotel to be used for the purposes of human trafficking.
(L.L. 2024/104, 11/4/2024, eff. 5/3/2025)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2024/104.
a. Direct employment required for core employees. A hotel owner of a hotel other than a small hotel must directly employ all core employees, except as provided in this section.
b. A hotel operator must provide a human trafficking recognition training in accordance with section 205 of the general business law to core employees. A hotel operator must provide human trafficking recognition training to a new core employee within 60 days of employment.
c. Except for hotel owners of small hotels, contracting to any third parties for core employees, including staffing agencies or other contractors or subcontractors, is not permitted except that a hotel owner may retain a single hotel operator to manage all hotel operations involving core employees at a hotel on the hotel owner’s behalf, which includes employment of core employees of the hotel by the hotel operator. Where a hotel owner retains a hotel operator in accordance with this subsection, a hotel owner need not be a direct employer of core employees.
(L.L. 2024/104, 11/4/2024, eff. 5/3/2025)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2024/104.
A hotel operator must provide panic buttons to core employees, at no cost to any such employee, whose duties involve entering occupied guest rooms.
(L.L. 2024/104, 11/4/2024, eff. 5/3/2025)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2024/104.
a. A hotel operator shall not take any retaliatory action against an employee, including but not limited to a core employee, for taking any of the actions described in paragraphs 1 through 3 of this subdivision:
1. discloses, or threatens to disclose to a supervisor or to a public body any specific activity, policy, or practice of such hotel operator that the employee reasonably and in good faith believes is in violation of this chapter or that the employee reasonably and in good faith believes poses a substantial and specific danger to the public health or safety; or
2. provides information to, or testifies before, any public body conducting an investigation, hearing, or inquiry into any such activity, policy, or practice by such hotel operator; or
3. objects to, or refuses to participate in any such activity, policy, or practice provided that such hotel employee has a reasonable, good faith belief that such activity, policy or practice subjects such employee to unusually dangerous conditions which are not normally part of such employee’s job.
b. Any person alleging a violation of the provisions of this section may bring a civil action, in accordance with applicable law, in any court of competent jurisdiction.
c. Such court may order compensatory, injunctive and declaratory relief, and reasonable attorney’s fees and costs.
d. A civil action under this section shall be commenced within six months of the date the person knew or should have known of the alleged violation.
e. A person filing a civil action under this section shall simultaneously serve notice of such action and a copy of the complaint upon the department. Failure to so serve a notice shall not adversely affect any person's cause of action.
(L.L. 2024/104, 11/4/2024, eff. 5/3/2025)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2024/104.
a. A hotel operator who violates or causes another person to violate a provision of this subchapter or any rule promulgated pursuant to such subchapter, in addition to any other applicable penalties provided in this title, shall be subject to a civil penalty as follows:
1. for the first violation, a civil penalty of $500;
2. for the second violation issued for the same offense within a period of two years of the date of the first violation, a civil penalty of $1,000;
3. for the third violation issued for the same offense within a period of two years of the date of the first violation, a civil penalty of $2,500; and
4. for the fourth and any subsequent violations issued for the same offense within a period of two years of the date of the first violation, a civil penalty of $5,000.
b. A proceeding to recover any civil penalty pursuant to this section shall be commenced by the service of a summons or notice of violation by the department, which shall be returnable to the office of administrative trials and hearings or any other tribunal designated to conduct such proceedings.
(L.L. 2024/104, 11/4/2024, eff. 5/3/2025)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2024/104.