N.Y.
Real Property Law Section 447-B
Short-term residential rental units
- regulation
1.
A short-term rental host may operate a dwelling unit as a short-term residential rental unit provided such dwelling unit:(a)
is registered in accordance with § 447-C (Registration)section four hundred forty-seven-c of this article;(b)
is not used to provide single room occupancy as defined by subdivision forty-four of Multiple Residence Law § 4 (Definitions)section four of the multiple residence law and subdivision sixteen of Multiple Dwelling Law § 4 (Definitions)section four of the multiple dwelling law;(c)
includes a conspicuously posted evacuation diagram identifying all means of egress from the unit and the building in which it is located;(d)
includes a conspicuously posted list of emergency phone numbers for police, fire, and poison control;(e)
has a working fire-extinguisher;(f)
is insured by an insurer licensed to write insurance in this state or procured by a duly licensed excess line broker pursuant to Insurance Law § 2118 (Excess line brokers)section two thousand one hundred eighteen of the insurance law for at least the value of the dwelling, plus a minimum of three hundred thousand dollars coverage for third party claims of property damage or bodily injury that arise out of the operation of a short-term rental unit. Notwithstanding any other provision of law, no insurer shall be required to provide such coverage;(g)
is not subject to the emergency tenant protection act of nineteen seventy-four, the rent stabilization law of nineteen sixty-nine, the emergency housing rent control law, the local emergency housing rent control act or otherwise regulated or supervised by a federal, state, or local agency pursuant to any other law or rule or an agreement with such federal, state, or local agency;(h)
is in compliance with any additional health and safety requirements established by the municipality; and(i)
is not otherwise prohibited from operating as a short-term rental unit by federal, state, or local law, rules, and regulations.2.
Occupancies of a short-term rental unit shall be subject to taxes and fees pursuant to articles twenty-eight and twenty-nine of the tax law and applicable local laws.3.
Short-term rental hosts shall maintain records related to guest stays for two years following the end of the calendar year in which an individual rental stay occurred, including the date of each stay and number of guests, the cost for each stay, including relevant tax, and records related to their registration as short-term rental hosts with the department of state. As a requirement for registration under § 447-C (Registration)section four hundred forty-seven-c of this article, hosts shall provide these records to the department of state on an annual basis. The department shall share this report with county, city, town, or village governments and shall make such reports available to local municipal enforcement agencies upon request. Where the booking service is the short-term rental host, the short-term rental host may be exempt from providing such report provided that the booking service includes all necessary information required of a short-term rental host in the report required pursuant to subdivision four of this section.4.
Booking services shall develop and maintain a report related to short-term rental unit guest stays that the booking service has facilitated in the state for two years following the end of the calendar year in which an individual rental stay occurred. The report shall include the dates of each stay and the number of guests, the cost for each stay, including relevant tax, the physical address, including any unit designation, of each short-term rental unit booked, the full legal name of each short-term rental unit’s host, and each short-term rental unit’s registration number. In the event a booking service does not adhere to subdivision two of § 447-C (Registration)section four hundred forty-seven-c of this article, or more information is deemed necessary by the department of state, the department may access this report and all relevant records from a booking service in response to valid legal process. The department shall share this report and records with county, city, town, or village governments and shall make such reports available to local municipal enforcement agencies when lawfully requested. Reports and any records provided to generate such reports shall not be made publicly available without the redaction of the full legal name of each short-term rental unit’s host, the street name and number of the physical address of any identified short-term rental unit and the unit’s registration number.5.
It shall be unlawful for a booking service to collect a fee for facilitating booking transactions for short-term residential rental units located in this state if the booking service has not verified with the department of state, or in cities with a population over one million with such city, the short-term rental unit and its owner or tenant have been issued a current, valid registration by the department of state.6.
The provisions of this article shall apply to all short-term residential rental units in the state; provided, however, that a municipality that has its own short-term residential rental unit registry as of the effective date of this article may continue such registry and all short-term residential rental units in such municipality shall be required to be registered with the department of state. In a city with a population over one million, all short-term residential rental units shall only register with such city as provided in a local law, rule, or regulation. Municipalities with short-term residential rental unit registries as of the effective date of this article shall maintain the authority to manage such registries and to collect fines for violations related to the registration of short-term residential rental units with such municipal registry. A city with a population over one million that has a short-term residential rental registry shall provide information on short-term residential rental units registered within such municipality to the department of state, on a quarterly basis of each calendar year, in order for the department to maintain a current database of all short-term residential units registered within the state. Municipalities with short-term residential rental unit registries as of the effective date of this article may establish registration requirements and regulations in such municipality in addition to the requirements of this section. The department of state shall share the report required pursuant to subdivision three of this section with municipalities with short-term residential rental unit registries upon request. No municipality shall create its own short-term rental residential rental unit registry after the effective date of this article. * NB Effective April 20, 2025
Source:
Section 447-B — Short-term residential rental units; regulation, https://www.nysenate.gov/legislation/laws/RPP/447-B (updated Dec. 27, 2024; accessed Jan. 4, 2025).
