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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 mayoral executive order.
Booking Service. The term "booking service" has the meaning ascribed to such term by § 26-2101 of the NYC Administrative Code, as added by local law number 146 for the year 2018.
Building. The term "building" means a building as defined in the New York city construction codes that is located in the city.
Class A multiple dwelling. The term "class A multiple dwelling" shall have the meaning ascribed to such term in the housing maintenance code, except that for the purposes of these rules the term class A multiple dwelling shall also be deemed to include "interim multiple dwelling" as defined in section 281 of the multiple dwelling law.
Class B multiple dwelling. The term "class B multiple dwelling" has the meaning ascribed to such term by subchapter 1 of the housing maintenance code.
Dwelling unit. The term "dwelling unit" has the meaning ascribed to such term by § 27-2004 of the housing maintenance code.
Listing. The term "listing" means an advertisement on a booking service that offers a short-term rental.
Listing identifier. The term "listing identifier" means a unique identification number assigned by the booking service to each listing.
Material fact. A "material fact" is a fact stated or omitted in connection with the filing of an application for, or renewal of, a short-term rental registration made pursuant to these rules and NYC Administrative Code § 26-3102, and that has a natural tendency to influence, or was capable of influencing, the administering agency's decisions relating to such application or renewal. For the purposes of this chapter an assertion of understanding a provision of law or a statement of intent to comply with a provision of law or this chapter shall not be considered to be a material fact.
Material false statement. A "material false statement" is any false or misleading representation of material fact, or the failure to state a material fact, if such use of, or failure to state, has a natural tendency to influence, or was capable of influencing, the administering agency's decisions relating to an application for, amendment of, or renewal of, a short-term rental registration made pursuant to these rules and NYC Administrative Code § 26-3102.
Owner. The term "owner" has the meaning ascribed to such term by the housing maintenance code, except that for the purposes of this chapter shall not be construed to include a tenant in legal possession of a dwelling unit.
Permanent Occupant. The term "permanent occupant" shall mean a natural person or a family occupying a dwelling unit for 30 consecutive days or more, except that a boarder, roomer, or lodger shall not be considered a permanent occupant for the purposes of this chapter.
Private dwelling. The term "private dwelling" shall have the meaning ascribed to such term by subchapter 1 of the housing maintenance code.
Registered host or host. The term "registered host" or "host" means a natural person who is a permanent occupant of a dwelling unit registered in accordance with these rules and Chapter 31 of Title 26 of the NYC Administrative Code.
Rentee. The term "rentee" means a boarder, roomer, or lodger, as defined in section BC 202 of the New York city building code, involved in a short-term rental.
Rooming unit. The term "rooming unit" shall have the meaning ascribed to such term by subchapter 1 of the housing maintenance code.
Short-term rental. The term "short-term rental" means a rental for fewer than 30 consecutive days of a dwelling unit within a private dwelling or class A multiple dwelling, or in the case of a mixed-use building, a rental of a class A dwelling unit therein for fewer than 30 consecutive days.
Short-term rental registration number. The term "short-term rental registration number" means a registration number issued by the administering agency in accordance with the registration of a dwelling unit pursuant to these rules and Chapter 31 of Title 26 of the NYC Administrative Code.
(Added City Record 2/3/2023, eff. 3/5/2023)
1. A person who owns, manages, occupies, or otherwise controls a dwelling unit shall not offer, manage, or administer short-term rentals of such dwelling unit or portion thereof unless such dwelling unit is registered with the administering agency, such dwelling unit has been issued a unique short-term rental registration number, and such registration is currently valid.
2. A person who owns, manages, occupies, or otherwise controls a dwelling unit shall not falsely represent or falsely advertise that a dwelling unit is registered for short-term rental when such a dwelling unit is not registered for short-term rental.
3. The requirements of this chapter do not apply to the short-term rental of class B multiple dwellings or class B dwelling units within mixed use buildings.
(Added City Record 2/3/2023, eff. 3/5/2023)
1. To register a dwelling unit for short-term rentals, an applicant shall file a completed short-term rental application in accordance with the requirements of this section and meet all other requirements herein. An applicant must be a permanent occupant of the dwelling unit. An applicant may not apply for more than one short-term rental registration number. An applicant may not host short-term rentals in more than one dwelling unit.
2. Applications may be completed using an online registration portal accessible from the administering agency's website.
3. An applicant must provide the following information as part of their application for short-term rental registration:
a. Full legal name;
b. A current phone number;
c. Full physical address where short-term rental will take place, including street number, street name, zip code, borough, and unit number where there is more than one dwelling unit in the building;
d. An email address that will be used to receive communication from the administering agency, or other alternate means of communication acceptable to the administering agency;
e. Type of dwelling unit, where known to the applicant (e.g., single family building, apartment in a two family building, apartment in a building with 3+ units, condominium, apartment in a co-op building);
f. The number of individuals not related by blood, adoption, legal guardianship, marriage or domestic partnership that reside with the registrant in the unit.;
g. The uniform resource locator or listing identifier and the associated booking service name for all existing listings of the dwelling unit; and
h. Whether the applicant is a tenant or owner of the dwelling unit.
4. An applicant may provide a chosen name or preferred name other than their legal name for use by the administering agency in communicating with the applicant, and may indicate if the chosen or preferred name is the name on file with booking services used by the applicant. Where the chosen or preferred name is indicated as such, the administering agency shall allow for the use of such name in conducting verifications by booking services pursuant to NYC Administrative Code § 26-3202.
5. Applicants that are tenants shall also provide the portion of their lease that describes the period of tenancy, the address of the unit of housing, and the names and signatures of the parties to the lease. If the applicant does not have a lease, the administering agency may accept other documentation that establishes the period for which the applicant is legally entitled to occupancy. The agency may, at its sole discretion, accept a written statement that provides the information and explains why documentation is not available.
6. As part of the application process, an applicant shall be required to prove their identity by providing to the administering agency a copy of one of the following unexpired documents:
a. Driver's license or State-issued ID;
b. U.S. Passport or U.S. Passport card;
c. U.S. Military ID;
d. Permanent Resident Card or Employment Authorization card issued by the United States Government;
e. A foreign passport or driver's license;
f. IDNYC card; or
g. Other forms of proof that the administering agency determines are acceptable and indicates as such by including such information on the agency's website.
The administering agency may, at its sole discretion, accept such other proof not listed above where an applicant does not have any of the listed identity documents.
7. As part of the application process, an applicant shall be required to prove their permanent occupancy by providing to the administering agency a copy of a document from at least two of the following categories showing the applicant's name and the address the applicant is seeking to register:
a. Utility bill, dated within the last 60 days (e.g., telephone, gas, electric, cable, or water);
b. Correspondence from any government agency that shows home address;
c. A voter registration card;
d. A social security statement;
e. A bank statement dated within the last 60 days;
f. An automobile registration documentation;
g. Income tax form for the last calendar year;
h. Insurance documentation or insurance bill that shows home address;
i. Current (active) license or permit or certificate issued by a City/State/Federal government agency that shows home address;
j. College or school correspondence that shows home address;
k. A w-2 from the most recent tax filing period;
l. Official payroll documentation that includes home address issued by an employer within the past 60 days, such as a paystub with home address, a form submitted for tax withholding purposes, or payroll receipt; or
m. other forms of proof that the administering agency determines are acceptable and indicates as such by including such information on the agency's website.
Any document listed in this paragraph that contains financial information or personal identifying information about an individual that is not the applicant may be redacted by the applicant such that the financial information or personal information of a non-applicant is not visible, and the administering agency shall accept the documents unless the redaction interferes with its ability to confirm the authenticity of the documentation.
8. As part of the application process, an applicant shall be required to certify that they understand and agree to comply with applicable provisions of the zoning resolution, multiple dwelling law, housing maintenance code, New York city construction codes and other laws and rules 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 including but not limited to:
b. New York City Administrative Code, , Subchapter 3, Article 18;
c. New York City Building Code § 310;
e. Multiple Dwelling Law §§ 4(8), 121, 248.
9. As part of the application process, an applicant shall be required to certify that they understand and agree to comply with the section of this chapter entitled "Registered host requirements".
10. The applicant shall be required to certify and agree that any listing of a dwelling unit with a booking service shall be reported to the administering agency prior to such listing being used to make an agreement for short-term rental.
11. An applicant who is a tenant of the dwelling unit that is the subject of the short-term rental application shall be required to certify that they are not prohibited by the terms of a lease or other agreement from applying for a short-term rental registration for the dwelling unit and from subsequently acting as host for short-term rentals within such dwelling unit.
12. An applicant who is a tenant of the dwelling unit that is the subject of the short-term rental application shall be required to acknowledge that they understand that the owner of record of the dwelling unit and of the building will be notified that an application for a short-term rental registration has been received.
13. The application fee for registration shall be $145. Payments shall be required at the time the application is submitted. The applicant will be required to acknowledge that the application fee is non-refundable.
14. Prior to requiring payment, the applicant shall indicate their understanding that the administering agency is required by NYC Administrative Code § 26-3105 to publish on the city open data portal, for all registrations: the registration number; the uniform resource locators associated with such registration; the address and unit number of the dwelling unit, including latitude and longitude; the status of the registration, including active or revoked; and the expiration date of the registration.
15. When an application for short-term rental is complete and submitted, the applicant will receive an email confirmation to the email address provided in the application, notifying the applicant that the application is under review.
16. Upon receipt of a complete application, the administering agency shall notify the owner of record of the dwelling unit and of the building, that an application for a short-term rental registration has been received. The notification shall include information about applying for inclusion on the prohibited buildings list. The notification shall not include any additional personal identifying information about the applicant.
17. If any information submitted in an application changes while the administering agency is reviewing such application, the applicant must notify the administering agency and provide updated information.
18. Upon approving an application, the administering agency shall provide a short-term rental registration certificate that will include the full address associated with the registration, a unique short-term rental registration number, an expiration date, and a phone number to call in the event of an emergency.
19. Issuance 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 construction codes, the housing maintenance code or any other applicable rules, regulations, or laws.
20. Issuance 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)
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)
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