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Adopted Rules: Closed to Comments

Adopted Rules Content: 

PLEASE NOTE: This rule takes effect 15 business days after the lifting of the preliminary injunction issued on January 3, 2019 in Airbnb, Inc. v City of New York, 18 Civ. 7712 (PAE) and HomeAway.com, Inc. v City of New York 18 Civ. 7742 (PAE), unless another date is ordered by the court.  The effective date shown here is a required field for this website, and reflects the 30 day period required by the New York City Charter 45-1043(f)(1)(c).  In this case the rule does not automatically take effect on that day.

Statement of Basis and Purpose of Rule  

Local Law 146 for the year 2018, enacted on August 6, 2018, establishes a new provision of law: Chapter 26 (sections 26-2101 through 26-2105) of Title 26 (“Housing and Buildings”) of the Administrative Code of the City of New York.  Chapter 26 requires online, computer, or application-based platforms, or “booking services,” that charge, collect, or receive fees for the use of the platform in connection with short-term rentals to report information about those transactions to the Mayor’s Office of Special Enforcement. Such information includes: the physical address of the short-term rental; the location online of the advertisement that resulted in the short-term rental; information regarding the identity of the host, including contact information; and information regarding the scope of the short-term rental transaction.  The law specifies that it is to be administered by the Mayor’s Office of Special Enforcement (“OSE”) unless specified otherwise by executive order. 

This rule implements Local Law 146 for the year 2018.  Specifically, this rule specifies the time, manner, and form of reporting by the booking services; establishes penalty provisions; establishes a process for publishing and maintaining a list of buildings exempt from the reporting requirements; and establishes a retention and disposal period for information obtained pursuant to the law. 

OSE revised the proposed rule in response to comments received at the public hearing as well as written comments received during the public comment period. The final rule includes the following changes from the proposed rule: 

The final rule has two sections.  Section 1 contains the substantive provisions, changed as described below.  Section 2 addresses the effective date, which at the time of the issuance of the final rules, is stayed by a preliminary injunction issued in Airbnb, Inc. v City of New York, 18 Civ. 7712 (PAE) and HomeAway.com, Inc. v City of New York 18 Civ. 7742 (PAE). 

§17-02 (“Reporting requirements for booking services”) – minor typographic modification; in subdivision (1)(g), clarified intent of the minimum anonymization method in the proposed rules by replacing reference to the last five numbers of a bank account with a statement balancing best practices and the technical capacity of the booking service to conduct de-identification of data, and clarified that such de-identification of a unique account must be consistent between reports. 

§17-03 (“Method of submission”) – minor typographic modification; amended subdivisions (1) and (3) to include security requirements. 

§17-05 (“Exempt transactions based on rentals occurring in certain buildings”) – minor typographic modification. 

§17-06 (“Privacy and security of information”) – in subdivision (2), clarified allowed use by administering agency; subdivision (3), clarification and typographic modification; subdivision (4), clarification of relevant FOIL provisions under which administering agency will assess personal privacy impacts and assert basis for withholding identifying information, and addition of mandatory notification of impacted individuals via email should disclosure be required; addition of new subdivision (6) incorporating and expanding upon former section 17-07(4) to require implementation of safeguards consistent with existing city standards for data security. 

§17-07 (“Retention and Disposal of Information Obtained in the Report”) – minor typographic modification; removed subdivision (4) after incorporation into new section 17-06(6). 

§17-08 (“No Private Right of Action”) – added section stating that this chapter does not create a private right of action against the city or any agency, office or employee thereof.

Effective Date: 
Fri, 09/06/2019

Proposed Rules: Closed to Comments (View Public Comments Received:4)

Agency:
Comment By: 
Tuesday, December 18, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Local Law 146 for the year 2018, enacted on August 6, 2018, establishes a new provision of law: Chapter 26 (sections 26-2101 through 26-2105) of Title 26 (“Housing and Buildings”) of the Administrative Code of the City of New York.  Chapter 26 requires online, computer, or application-based platforms, or “booking services,” that charge, collect, or receive fees for the use of the platform in connection with short-term rentals to report information about those transactions to the Mayor’s Office of Special Enforcement. Such information includes: the physical address of the short-term rental; the location online of the advertisement that resulted in the short-rental; information relating to the identity of the host, including contact information; and information related to the scope of the short-term rental transaction.  The law specifies that it is to be administered by the Mayor’s Office of Special Enforcement unless specified otherwise by executive order.

The purpose of this proposed rule is to implement Local Law 146 for the year 2018.   Specifically, this proposed rule would specify the time, manner, and form of reporting by the booking services; establish penalty provisions; establish a process for publishing and maintaining a list of buildings exempt from the reporting requirements; and establish a retention and disposal period for information obtained pursuant to the law.

The authority of the Mayor’s Office of Special Enforcement for these rules is found in section 1043 of the New York City Charter and Local Law 146 for the year 2018 (section 26-2101 et. seq.) of the New York City Administrative Code.

Subject: 

Required Disclosures Of Short-Term Rental Transactions By Booking Services

Location: 
Specter Hall
22 Reade Street
New York, NY 10007
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Mayor’s Office of Special Enforcement

NOTICE OF ADOPTION OF FINAL RULES GOVERNING UNLAWFUL ADVERTISEMENT FOR CERTAIN OCCUPANCIES

NOTICE IS HEREBY GIVEN in accordance with the requirements of section 1043 of the New York City Charter and exercising the authority vested in the Mayor’s Office of Special Enforcement (“MOSE”) by Section 1043 of the New York City Charter and chapter 396 of the Laws of 2016 (section 27-287.1 of the Administrative Code of the City of New York) MOSE adopts the following rules governing unlawful advertisement for certain occupancies.  OSE published a Notice of Opportunity to Comment on the proposed rules in the City Record on November 18, 2016.  On December 19, 2016, OSE held a public hearing on the proposed rules.


Statement of Basis and Purpose of Rule

Chapter 396 of the Laws of 2016, enacted on October 21, 2016, establishes two new provisions of law: section 212 of the New York State Multiple Dwellings Law, and section 27-287.1 of the Administrative Code of the City of New York (the City’s Building Code).  Both provisions prohibit the advertising of dwelling units in a Class A multiple dwelling, as defined in the Multiple Dwelling Law, for any purpose or use other than permanent residential occupancy. This prohibition applies to all forms of advertising, including electronic and printed materials, television, and radio.  The statute specifies that it is to be enforced in New York City by the Mayor’s Office of Special Enforcement.

The purpose of this rule is to implement chapter 396 of the Laws of 2016 by specifying the penalties for violation of the statutory prohibition. Persons found to have violated the prohibition will be fined $1,000 for the first violation, $5,000 for the second violation and $7,500 for the third and subsequent violations.  Like all violations of the City’s Building Code, notices of violation relating to the new prohibition will be returnable at the Environmental Control Board within the Office of Administrative Trials and Hearings.

The authority of the Mayor’s Office of Special Enforcement for these rules is found in section 1043 of the New York City Charter and section 27-287.1 of the New York City Administrative Code.

Effective Date: 
Mon, 01/30/2017