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Where the administering agency determines that a submitted application is not sufficient to be approved, it shall notify the applicant of the necessary documents or information needed to complete the review of the application. If additional information for registration is required, the administering agency will request such information at the email address provided as part of the application, or by alternate method where approved by the administering agency. If the information needed to evaluate the application is not received within 30 days, the application will be rejected. Upon application the administering agency may grant an extension for good cause.
(Added City Record 2/3/2023, eff. 3/5/2023)
1. a. The term of the registration shall be four years, except as provided in subdivision b.
b. In a case where the applicant's right to occupy the dwelling unit will terminate in less than four years, the administering agency shall set a registration expiration date that is the end date of the period that the applicant has demonstrated they have a right of occupancy.
2. Where the registration expiration date is shorter than four years based on the demonstrated date of a right to occupy the dwelling unit, the registered host may at any time during the registration term provide the administering agency proof that their right of occupancy period has been extended. There shall be no additional fee for requesting such an extension. If the administering agency finds such proof acceptable, the administering agency shall provide a new expiration date that shall be the shorter of either:
a. Four years from the original issuance date; or
b. the end date of the period that the applicant has demonstrated they have a right of occupancy.
3. Immediately upon expiration of a short-term rental registration number or if the host is no longer the permanent occupant of the registered dwelling unit, the host must cease booking the rental unit on all applicable booking services platforms and must cancel all pending reservations.
(Added City Record 2/3/2023, eff. 3/5/2023)
1. If any information, other than the phone number or email address, required by 43 RCNY § 21-03 that was provided by a registered host in connection with an application for a short-term rental registration changes before the expiration of such registration, such registered host must submit a request to the administering agency to amend the registration.
2. Such request must be submitted, in the same manner as the application was made, to the administering agency within 15 business days of the change absent extenuating circumstance, along with any applicable supporting documentation of the change or circumstance.
3. Prior to using any listing not disclosed to the administering agency prior to receiving a registration, the registered host shall provide the uniform resource locator or listing identifier of any listing and the associated booking service name for the listing and request that the administering agency amend the registration to include such listing.
4. The administering agency shall review each request for amendment to ensure that the amendment would not violate the provisions of Chapter 31 of Title 26 of the Administrative Code or these rules, or otherwise result in unlawful activity under the registration. The administering agency may request additional information from the registered host as necessary to make a determination.
5. The administering agency shall issue a final agency determination regarding such request for amendment within a reasonable timeframe.
6. Where the information provided in the request for amendment would support revocation of the registration or would form the basis of a violation of Chapter 31 of Title 26 of the Administrative Code or these rules, the administering agency shall offer an opportunity to terminate the registration voluntarily within 10 days before issuing violations or taking enforcement action based on the requested amendment. Where the requested amendment is solely the addition of a listing that the administering agency determines to offer illegal occupancy, the administering agency may also offer the opportunity to amend or withdraw that listing in lieu of voluntary termination of the registration.
(Added City Record 2/3/2023, eff. 3/5/2023)
1. A short-term rental registration may be renewed by filing an application for renewal using the online registration portal accessible through the administering agency's website. Renewals will be accepted beginning 180 days before the expiration of a host's current registration. A renewal that is approved before the expiration of the registration period will be effective on the date of the expiration of the original registration.
2. As part of the application for renewal, the registered host must:
a. Affirm that all information previously provided in an application for registration or renewal, or previously provided as a required update, remains true and accurate or update such information in accordance with paragraph (b) of this subdivision;
b. Provide adequate documentation to satisfy the application requirements where a document previously provided has either expired or is no longer recent enough to satisfy the requirements; and
c. Certify that they have maintained a record of each short-term rental transaction in accordance with subdivision 5 of 43 RCNY § 21-10 below.
3. The renewal fee will be the same as the application fee. Payments shall be required at the time the application for renewal is submitted.
4. If the information provided by an applicant in connection with a renewal changes before the renewal application is granted or denied, the applicant must immediately notify the administering agency.
5. Renewal of a registration for a dwelling unit pursuant to this chapter shall not be construed as permission for or approval of the use of such dwelling unit for any occupancy that would be in violation of a lease, cooperative bylaws, condominium association rules and regulations, the multiple dwelling law, the zoning resolution, the New York city codes, the housing maintenance code or any other applicable rules, regulations, or laws.
6. Renewal of a registration does not alter and may not be deemed to alter the legal occupancy or zoning use group of a building or portion thereof as described in the certificate of occupancy or as otherwise determined by the department of buildings.
(Added City Record 2/3/2023, eff. 3/5/2023)
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)
1. The administering agency shall create and maintain a prohibited buildings list, which shall contain the address of each building whose owner, including any applicable board of a cooperative or condominium corporation, has notified the agency that no short-term rental of any dwelling unit within the building is permitted.
2. To be added to such prohibited buildings list, a building owner, including any applicable board of a cooperative or condominium corporation, or the manager or agent of such building or board, must submit an online application to the administering agency.
3. When submitting an application pursuant to subdivision (2) of this section, the applicant shall be required to provide:
a. The name of a natural person making the application;
b. A working phone number for the applicant;
c. An email address for the applicant;
d. The address of the building the applicant seeks to add to the list;
e. An explanation of the relationship between the owner and the applicant; and
f. Any proof or documentation requested by the administering agency to substantiate the request where the administering agency has cause to require further verification.
4. The applicant must certify that leases and other occupancy agreements for dwelling units within the building prohibit short-term rentals.
5. The administering agency shall send a letter to the owner of record whenever it receives an application for inclusion on the prohibited buildings list.
6. Inclusion or lack of inclusion on such list does not alter and may not be deemed to alter the legal occupancy or zoning use group of a building or portion thereof as described in the certificate of occupancy or as otherwise determined by the department of buildings.
7. The administering agency will publish the list of prohibited buildings on the city's open data website. The list shall be updated in as close to real time as practicable and published in the same location.
8. Application to remove a building from the prohibited buildings list shall be made by using an online application accessible from the administering agency's website. A building owner, including any applicable board of a cooperative or condominium corporation, or the manager or agent of such building or board, shall be required to provide:
a. the name of a natural person making the application;
b. A working phone number for that applicant;
c. An email address for the applicant;
d. The address of the building the applicant seeks to remove from the list;
e. An explanation of the relationship between the owner and the applicant; and
f. A statement describing the basis for removal from the list.
9. The administering agency shall add to the prohibited buildings list all buildings the administering agency is aware of that are precluded from registration based on subdivisions 3, 4, and 5 of 43 RCNY § 21-08, and indicate the basis for inclusion. The administering agency shall deny all applications to remove such building from such list unless it discovers that the basis for inclusion has changed.
(Added City Record 2/3/2023, eff. 3/5/2023)
1. No person shall operate a short-term rental in violation of provisions of the zoning resolution, multiple dwelling law, housing maintenance code, and New York city construction codes relating to the short-term rental of dwelling units in private dwellings and class A multiple dwellings, or in class A dwelling units within mixed use buildings.
2. During each short-term rental, a registered host must conspicuously post and maintain within the dwelling unit a diagram indicating all exit routes from the unit. Where the building contains more than one unit, such diagram must also indicate all exit routes from the building.
3. During each short-term rental, a registered host must conspicuously post and maintain, within the dwelling unit, a copy of the short-term rental registration certificate provided by the administering agency.
4. A registered host must provide the short-term rental registration number in all advertisements or offers for short-term rental. The information in each listing must match the information provided to the administering agency in the application associated with such registration number.
5. A registered host shall retain a record of each short-term rental for at least seven years. Each record shall include the following information:
a. The uniform resource locator or listing identifier used to create the rental;
b. The booking start date;
c. The total number of nights that the dwelling unit or housing accommodation was rented as a short-term rental;
d. The number of persons accommodated by the short-term rental; and
e. The total amount of rent received by the host.
If a booking service can provide a report to a registered host that meets the criteria of this subsection, the registered host does not need to maintain the records separately. If the booking service does not provide reports that meet the criteria above, the host must maintain the required record in a digital spreadsheet that allows conversion of data to a ".csv" format. The administering agency shall provide a model template on its website.
6. In accordance with applicable law, upon request by the administering agency to provide the transaction reports in this section, registered hosts shall have 15 business days to provide the requested records via a secure portal accessible from the administering agency's website.
7. If a registered host's submission in response to a request for transaction reports is missing, incomplete, or inaccurate, the administering agency will provide the host with a written notice of the deficiencies in compliance. The notice shall include specific information regarding deficiencies in need of correction. The host shall have 15 business days from the date such notice is provided to either correct the deficiency or provide a written statement explaining why the required information is unavailable or how it is complete or accurate. The host shall submit the corrections or explanation in a manner directed in the notice of deficiency. Upon the conclusion of the 15 business-day period in which the host may cure deficiencies, the administering agency may seek civil penalties for any continuing deficiency.
8. The registered host shall be responsible for ensuring that the information the host has on file with booking services matches the registered name, address, and registration number from the certificate.
9. A short-term rental registration may not be transferred or assigned to another host or to another dwelling unit.
10. If a registered host no longer resides as a permanent occupant in the dwelling unit used for short-term rentals, the host must immediately contact the administering agency to terminate the registration.
11. A registered host shall not accommodate more rentees in a registered dwelling unit at the same time than they are allowed to have pursuant to § 27-2004 of the housing maintenance code.
12. A registered host must maintain a common household with a rentee. Pursuant to Housing Maintenance Code § 27-2004, a common household is deemed to exist if every member of the household including the rentee has access to all parts of the dwelling unit, and lack of access to all parts of the dwelling unit establishes a rebuttable presumption that no common household exists.
13. A registered host shall not offer, arrange for, or allow the short-term rental of an entire registered dwelling unit.
(Added City Record 2/3/2023, eff. 3/5/2023)
1. Unless otherwise required by federal, state, or local law, information provided pursuant to this chapter will be kept confidential by the administering agency, and shall be used or disclosed by the administering agency and the personnel of agencies assigned to such administering agency solely for purposes related to the enforcement of laws relating to short-term rentals. Nothing in this section shall prohibit the administering agency from describing the information in aggregated or deanonymized form.
2. Identifying information, as defined in § 23-1201 of the Administrative Code, will be collected, retained, and disclosed by the administering agency in compliance with this chapter and with the requirements and approvals by Chapter 12 of Title 23 of the Administrative Code.
3. The administering agency will protect the privacy and security of identifying information by implementing appropriate physical, technical and administrative safeguards, in accordance with the city's information technology security standards and requirements relating to the use, transfer and storage of confidential data.
(Added City Record 2/3/2023, eff. 3/5/2023)
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