1. No short-term rental registration shall be issued or renewed for a dwelling unit where the administering agency has determined that, in accordance with the records of the department of buildings, the department of housing preservation and development and the fire department, there are uncorrected violations of the New York city construction codes, the housing maintenance code, or the fire code that would endanger occupants of such dwelling unit, including but not limited to where:
a. There is an uncorrected violation that is based on the condition of the dwelling unit sought to be registered, and such violation is a Class 1 violation of the New York city construction codes, or a Class C violation of the housing maintenance code;
b. There is an uncorrected violation of the fire code;
c. There is an uncorrected violation for Work without a Permit pursuant to the New York city construction codes that is based on the condition of the dwelling unit sought to be registered;
d. The dwelling unit is subject to a vacate order by any city agency, or to a stop work order issued by the department of buildings; or
e. There is an uncorrected violation for Failure to File a Required Tenant Protection Plan pursuant to the New York city construction codes.
The administering agency's determination of which violations would endanger occupants of a dwelling unit are made exclusively for the purposes of determining whether to grant a registration or renewal and shall not be binding on or attributed to any other agency.
2. No short-term rental registration or renewal shall be issued unless the administering agency has verified that the occupancy classification of the dwelling unit allows residential occupancy.
3. No short-term rental registration or renewal shall be issued for a dwelling unit in a New York city housing authority development.
4. No short-term rental registration shall be issued or renewed for a rooming unit.
5. No short-term registration shall be issued or renewed for the short-term rental of a dwelling unit the rent of which is regulated in accordance with the emergency tenant protection act of 1974, the rent stabilization law of 1969, the local emergency housing rent control act of 1962, sections four hundred and twenty-one-a or four hundred eighty-nine of the real property tax law, in a housing development organized pursuant to article two of the private housing finance law and supervised by the department of housing preservation and development, or any other law or rule or an agreement with a governmental entity.
6. No short-term rental registration shall be issued or renewed for a dwelling unit in a building included on the prohibited buildings list.
7. No short-term rental registration shall be renewed while a revocation proceeding has been initiated by the administering agency and remains pending.
8. The administering agency shall not approve a registration or renewal application that includes any listing or listing identifier that advertises illegal occupancy, including listings that offer or appear to offer the unhosted rental of an entire unit or that offers or appears to offer occupancy to more than the lawful number of roomers, boarders, or lodgers permitted by § 27-2004 of the housing maintenance code.
9. The administering agency may refuse to approve a registration or renewal application where such applicant was previously issued a registration pursuant to this chapter and such registration was revoked pursuant to 43 RCNY § 21-13.
10. The administering agency may refuse to approve a registration or renewal application where such applicant has been determined to have committed any of the acts which would be a basis for the revocation of a registration pursuant to 43 RCNY § 21-13.
11. No short-term registration shall be renewed until all fines imposed pursuant to these rules or N.Y.C. Administrative Code § 26-3104 have been paid.
12. Prior to denying an application, the administering agency shall review the reasons for potential denial in accordance with the grounds for denial set forth in this section. Where all such reasons are for criteria that can be resolved through correction by the applicant, the agency shall not deny the application outright, but shall notify the applicant of the basis for denial and provide the applicant 90 days to resolve the conditions that would otherwise warrant rejection. After the expiration of the 90-day period, the application shall be denied unless all identified bases for denial are resolved to the satisfaction of the administering agency. During the 90-day period, upon notice from the applicant that the basis for potential denial has been resolved, the administering agency shall resume its review of the application. If the conditions continue to warrant denial, the applicant shall be notified and have the remainder of the 90 days to resolve the conditions. Upon application the administering agency may provide an extension of the 90 days for good cause.
13. If an application is denied, the administering agency will notify the applicant and include all reasons for rejecting the application in accordance with the grounds for denial. This rejection shall constitute a final agency action.
(Added City Record 2/3/2023, eff. 3/5/2023)