1. No penalties will be imposed for violations of these rules or of Chapter 31 of Title 26 of the Administrative Code of the City of New York Chapter until May 9, 2023, nor shall any such violation be based on conduct that occurred prior to May 9, 2023, unless such conduct is continued past such date.
2. Civil penalties established by this section may be imposed and recovered in a proceeding before the office of administrative trials and hearings or 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.
3. Any person who violates subdivision a of § 26-3102 of the Administrative Code shall be liable for a civil penalty of not more than the lesser of $5,000 or three times the revenue generated by the short-term rental for each such violation. Any person who violates any other provision of chapter 31 of title 26 of the Administrative Code or any provision of these rules shall be liable for a civil penalty of the applicable amount contained in the following penalty table.
Citation | Violation Description | Cure | First Violation | First Default | Second Violation | Second Default | Third and Subsequent Violation | Third and Subsequent Default |
Citation | Violation Description | Cure | First Violation | First Default | Second Violation | Second Default | Third and Subsequent Violation | Third and Subsequent Default |
Admin. Code § 26-3102(j) | Failing to timely notify administering agency of changes to information provided by the applicant in connection with a short-term rental application | Yes | $100 | $500 | $500 | $2,500 | $1,000 | $5,000 |
Admin. Code § 26-3103(a) | Failing to conspicuously post and maintain, within a dwelling unit, a diagram indicating normal and emergency egress routes for such unit and building containing such unit | Yes | $100 | $500 | $500 | $2,500 | $1,000 | $5,000 |
Admin. Code § 26-3103(a) | Failing to conspicuously post and maintain, within a dwelling unit, a copy of the short-term rental registration certificate for such unit | Yes | $100 | $500 | $500 | $2,500 | $1,000 | $5,000 |
Admin. Code § 26-3103(b) | Failing to include a short-term rental registration number in an advertisement or other offer for short-term rental of a dwelling unit | Yes | $100 | $500 | $500 | $2,500 | $1,000 | $5,000 |
Admin. Code § 26-3103(c) | Failing to maintain a record of each short-term rental, for at least seven years after such short-term rental occurred | No | $500 | $2,500 | $1,000 | $5,000 | $5,000 | $5,000 |
Admin. Code § 26-3104(c) | Making a material false statement or concealing a material fact in connection with filing or renewing an application for short-term rental | No | $1,000 | $1,000 | $1,000 | $1,000 | $1,000 | $1,000 |
Admin. Code Title 26, Chapter 31 | All other violations of Chapter 31 of Title 26 of the New York City Administrative Code and these rules | No | $100 | $500 | $500 | $2,500 | $1,000 | $5,000 |
4. All citations are to Chapter 31 of Title 26 of the Administrative Code or to 43 RCNY Chapter 21.
5. Unless otherwise specified, a second or third or subsequent violation means a violation by the same respondent, within 3 years of the prior violation(s). When a prior violation was dismissed, the penalty shall be reduced as if the violation was charged without consideration of the dismissed violation.
6. Where indicated as eligible for cure in the table of penalties, the fine for a first violation of each section will be zero if the respondent proves by a preponderance of the evidence that the basis for the violation has been corrected. Subsequent violations of that type will not be eligible for cure.
(Added City Record 2/3/2023, eff. 3/5/2023)