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 subsequently designated by executive order.
Booking Service. The term "booking service" means a person who, directly or indirectly: (1) provides one or more online, computer or application-based platforms that individually or collectively can be used to (i) list or advertise offers for short-term rentals, and (ii) either accept such offers, or reserve or pay for such rentals; and (2) charges, collects or receives a fee for the use of such a platform or for provision of any service in connection with a short-term rental. A booking service shall not be construed to include a platform that solely lists or advertises offers for short-term rentals.
Building. The term "building" means a building as defined in the New York City Building Code that is located in the city.
Class B multiple dwelling. The term "class B multiple dwelling" shall have the meaning ascribed to such term in the Housing Maintenance Code.
Directly or indirectly. The term "directly or indirectly" means a person acting directly or indirectly through any subsidiary or affiliate thereof to perform the activity described in the definition of booking service.
Dwelling unit. The term "dwelling unit" means a dwelling unit, as such term is defined in the Housing Maintenance Code, that is located in a building within the city.
Host. The term "host" means a person other than a booking service, including a co-host, who uses a booking service to offer, manage or administer a short-term rental.
Qualifying Listing. The term "qualifying listing" means a listing or advertisement that offers a short-term rental via a booking service, and: (1) such listing or advertisement offers or appears to offer the short-term rental of an entire dwelling unit or housing accommodation, or (2) such listing or advertisement offers or appears to offer a short-term rental for three or more individuals at the same time.
Short-term rental. The term "short-term rental" means a rental for occupancy of fewer than 30 consecutive days of (i) a dwelling unit or part thereof or (ii) housing accommodations within a building.
(Added City Record 12/4/2020, eff. 1/3/2020)
1. A booking service shall submit to the administering agency a report of transactions associated with a qualifying listing for which it charged, collected or received a fee, directly or indirectly, for activity described in the definition of booking service, except for those transactions described in 43 RCNY § 17-05. Each short-term rental associated with such fee is considered to be a separate transaction. Such report shall include the following information:
a. The physical address of the short-term rental associated with such transaction, including the street name, street number, apartment or unit number, borough or county, and ZIP code;
b. The full legal name, physical address, phone number and email address of the host of such short-term rental and the uniform resource locator (URL) and the individualized name and number of such host on such booking service's platform;
c. The individualized name and number and the URL of the associated qualifying listing;
d. A statement as to whether such short-term rental transaction involved the: (i) short-term rental of the entirety of a dwelling unit or housing accommodations in a building or (ii) short-term rental of part of such unit or housing accommodations;
e. The total number of days that the dwelling unit, part thereof or housing accommodations in a building were rented as a short-term rental through such booking service's platform; and
f. If such booking service collects rent for short-term rentals on behalf of such host, (i) the total amount of such rent received by such booking service and transmitted to such host and (ii) the account name and consistently anonymized identifier for the account number for the account used by such host to receive payments from such booking service or, if such booking service provides an explanation why such anonymized identifiers are unavailable, the account name and account number for such account, provided that a booking service shall, considering its technical capacity, de-identify the account number to the greatest extent possible so as to protect the privacy and security of the account number. De-identification of a unique account number shall be consistent from report to report.
2. In instances where any of the above information is unavailable to the booking service, the booking service shall provide an explanation of why such information is unavailable.
3. A booking service need not report any information for transactions associated with a qualifying listing when all such transactions within a reporting period result in the rental of a dwelling unit or housing accommodation for an aggregate of four days or less.
4. The reports shall be submitted on a quarterly basis. With the exception of the initial reporting period, the reporting periods shall consist of the following quarters: January 1 to March 31; April 1 to June 30; July 1 to September 30; and October 1 to December 31. The initial reporting period shall begin when Local Law 64 for the year of 2020 takes effect on January 3, 2021, and end on March 31, 2021.
5. Each report shall cover transactions occurring during a period that begins with the first day of a reporting period and ends with the last day of that reporting period.
6. A transaction related to a short-term rental that begins in one reporting period but ends in a subsequent reporting period shall be included in the report covering the reporting period in which such rental concludes.
7. The initial report shall be submitted not more than 60 calendar days after the conclusion of the initial reporting period. Following the initial report, a booking service must submit the report to the administering agency not more than 45 calendar days after the conclusion of the reporting period.
(Added City Record 12/4/2020, eff. 1/3/2020)
1. Each report shall be electronically submitted by a booking service through a secure portal accessible from the administering agency's website. No later than 15 business days after Local Law 64 for the year of 2020 takes effect on January 3, 2021, the administering agency will publish on its website additional guidance on the electronic submission process.
2. The portal may require a booking service to submit contact information, including an email address, to be used by the administering agency for communications related to booking service submissions.
3. A booking service may apply for an exception to electronic submission, indicating specifically a proposed alternate secure method of submission and the reporting period(s) for which it seeks the exception. Such exception shall be granted only in the following circumstances, and at the sole discretion of the administering agency:
a. the booking service has fewer than 20 hosts;
b. the booking service had fewer than 100 short-term rental transactions during the reporting period; or
c. the booking service is prevented from using the prescribed submission method based on a technical disruption that is beyond its control or another such unusual circumstance that exists.
4. The report shall be submitted in an electronic format prescribed and published on the administering agency's website no later than the close of the initial reporting period. Reports not in compliance with the required formatting will be rejected and deemed missing, except for those booking services that were granted an exception pursuant to this section. The administering agency will provide at least 90 days' notice before any changes to the formatting requirements take effect. The 90-day notice will be published on the administering agency's website and sent to all booking services who have submitted at least one report previously, via the contact information provided by the booking service.
(Added City Record 12/4/2020, eff. 1/3/2020)
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