FINAL RULES GOVERNING REGISTRATION AND

Mayor’s Office of Special Enforcement

NOTICE OF ADOPTION OF FINAL RULES GOVERNING REGISTRATION AND

REQUIREMENTS FOR SHORT-TERM RENTALS

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED IN the

Mayor’s Office of Special Enforcement (“OSE”) by section 1043(e) of the New York City

Charter (“City Charter”) and Local Law 18 for the year 2022 (sections 26-3101 et. seq.

and sections 26-3201 et. seq of the Administrative Code of the City of New York), and in

accordance with the requirements of section 1043 of the City Charter, that OSE

promulgates and adopts Chapter 17 of Title 43 of the Rules of the City of New York,

regarding reporting requirements for booking services.

These rules were proposed and published on November 4, 2022, and a public hearing

was held on December 5, 2022. A second notice extending public comment period and

announcing a second hearing was published December 12, 2022, and a second hearing

was held on January 11, 2023.

Statement of Basis and Purpose

Local Law 18 for the year 2022 (LL 18), enacted on January 9, 2022, established two

new provisions of law: 1) Chapter 31 (sections 26-3101 through 26-3105) of Title 26

(“Housing and Buildings”) of the Administrative Code of the City of New York, regarding

registration requirements for short-term residential rentals; and 2) Chapter 32 (sections

26-3201 through 26-3203) of Title 26 (“Housing and Buildings”) of the Administrative

Code of the City of New York, regarding registration verification and reporting

requirements for short-term residential rentals. Local Law 18 specified that it was to be

administered by the Mayor’s Office of Special Enforcement (OSE) unless specified

otherwise by mayoral executive order.

Short term rentals of dwelling units (rental for less than 30 days) are prohibited by the

Multiple Dwelling Law, the Housing Maintenance Code, and the Construction Codes

unless the permanent resident of the dwelling unit is present during the rental. Chapter

31 of Title 26 of the Administrative Code of the City of New York provides for the

regulation of such hosted short-term rentals by requiring permanent residents of dwelling

units who engage in such rentals to register themselves, the dwelling units they occupy,

and their listings with OSE and obtain a short-term rental registration number signifying

such registration. Registered hosts will be required to include their short-term rental

registration number on all advertisements and offers for short-term rental, and to

conspicuously post and maintain, within the dwelling unit, a diagram of normal and

emergency exit routes and their short-term rental registration certificate. A registrant will

further be required to retain records of their short-term rental transactions and provide

such records to OSE upon request. Registration will not be permitted if there are

uncorrected violations of law that might imperil occupants of such units, or if the units are

in buildings on a prohibited building list.

Chapter 32 of Title 26 of the Administrative Code of the City of New York 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 verify, via

an electronic verification system maintained by OSE, that a short-term rental transaction

is either for a dwelling unit within a class B multiple dwelling on the list of class B multiple

dwellings published by OSE, or is associated with a valid short-term rental registration

number. Additionally, booking services are required to report booking services public

uniform resource locator for the listing or other identifier, and the unique confirmation

number obtained from the electronic verification system for such transaction to OSE.

The purpose of this rule is to implement Chapters 31 and 32 of Title 26 of the

Administrative Code of the City of New York in accordance with Local Law 18 for the

year 2022. Specifically, this rule would:

• Specify the time, manner, and form of applying for and renewing a short-term

rental registration;

• Specify the causes for denial of a short-term rental registration;

• Specify the time, manner, and form of submitting changes to information

submitted in the application for short-term rental;

• Establish a process for publishing and maintaining a list of buildings prohibited

from short-term rental registration;

• Specify the manner and form of posting and maintaining, within the registered

dwelling unit, a diagram indicating normal and emergency exit routes for the unit

and building, and a copy of the short-term rental registration certificate;

• Specify the manner and form in which short-term rental transaction records must

be maintained by registered hosts and provided to the administering agency;

• Provide a schedule of penalties for violations of the law and rules;

• Provide for revocation of registration for failure to comply with law or rules;

• Establish a retention and disposal period for information obtained pursuant to the

law;

• Specify the booking services’ requirement and manner of verifying lawful short-

term rentals; and

• Specify the time, manner, and form of reporting by the booking services;

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:

§21-01 (“Definitions”) – Clarified definition of “Material false statement” to exclude

statements of understanding of a law or statements of intention to comply with a law;

clarified definition of “rentee” to correct statutory reference

§21-03 (“Short-term rental registration application and approval procedures”) – reduced

the burden on applicants by:

-changing the proposed requirement of names and relationships of permanent occupants

to a statement of the number of unrelated permanent occupants;

-eliminating submission of a diagram and the date occupancy began from the application

requirements;

-allowing for the submission and use of a chosen or preferred name;

-reducing the scope of the requirement to for tenants to provide an entire lease to just the

relevant portions of the lease;

-expanding acceptable proofs of identity;

-expanding allowable redaction of proof of residence documents to include personal

information of a non-applicant;

-adding additional sections and clarifying language to list items applicant must certify to

understand and agree to comply with;

-simplifying language regarding applicant understanding of agency obligation to notify

owner of dwelling of an application; and

-removing legal name from the certificate of registration

§21-05 (“Term of registration; Expiration of registration”) – Doubled the registration term

from two year to four years

§21-06 (“Amendment of a short-term rental registration”) – tripled the amount of time a

registrant has to amend their registration, and added an extenuating circumstance

exception

§21-07 (“Renewal of a short-term rental registration”) – doubled amount of time in which

registrants can seek renewal before expiration; removed requirement to affirm past

compliance with applicable laws

§21-08 (“Denial of a short-term rental registration or renewal”) – minor typographic

modification

§21-09 (“Prohibited buildings list”) - minor typographic modification

§21-10 (“Registered host requirements”) – Reduced regulatory burden on registered

hosts by:

-reducing requirements of the diagram required to be posted in the unit;

-simplifying language relating to recordkeeping requirements;

-increasing by 50% the amount of time registrants have to respond to records requests;

and

-replacing the prohibition relating to rentees having exclusive access with a requirement

to maintain a common household, and including statutory references

§21-13 (“Penalties”) –eliminated proposed penalties for false certification of lease

requirements and for violation laws related to short-term rentals; clarified that false

statements must be material for penalty provision to apply

§22-01 (“Definitions”) – Defined “full legal name” to include a chosen or preferred name

accepted for use by the administering agency

§22-02 (“Verification of lawful short-term rentals”) - minor typographic modification; eased

compliance requirements on booking services by:

-increasing information contained in the unique confirmation number to allow booking

services to know if verification was due to exempt status or registered status;

-changing the minimum reverification period from quarterly to annually;

-removing minimum reverification for verifications demonstrating exemption from the

registration requirements;

-increasing the period after expiration in which a booking service must reverify from two

days to fifteen days

-tripling the amount of time after which a booking service is presumed to have received a

notice of revocation

§22-03 (“Reporting requirements”) – added flexibility for booking services to report

transactions in aggregate or individually

§22-04 (“Fees”) – Clarified that the fee for a booking service to use the verification

system shall be assessed once per listing per calendar year, not once per listing per

verification

§22-05 (“Penalties”) –created “safe harbor” for booking services that accept fees for a

short-term rental that began prior to expiration or revocation of the registration

New material is underlined.

[Deleted material is in brackets.]

Asterisks (***) indicate unamended text.

“Shall” and “must” denote mandatory requirements and may be used interchangeably,

unless otherwise specified or unless the context clearly indicates otherwise.

Section 1. Title 43 of the rules of the city of New York is amended by adding new

chapters 21 and 22 to read as follows:

Chapter 21

REQUIRED REGISTRATION OF SHORT-TERM RENTALS

§ 21-01 Definitions

§ 21-02 Short-term rental registration required

§ 21-03

Short-term rental registration application and approval

procedures

21-04 Incomplete applications

§ 21-05

Term of registration; Expiration of registration

§ 21-06

Amendment of a short-term rental registration

§ 21-07 Renewal of a short-term rental registration

§ 21-08 Denial of a short-term rental registration or renewal

§ 21-09 Prohibited buildings list

§ 21-10 Registered host requirements

§ 21-11 Privacy and security of information

§ 21-12 Retention and disposal of information

§ 21-13 Penalties

§ 21-14 Revocation

§ 21-01 Definitions

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

section 26-2101of 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

section 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.

§ 21-02

Short-term rental registration required

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.

§ 21-03 Short-term rental registration application and approval procedures

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:

a. New York City Administrative Code, Title 28, Articles 118, 210, 301, 701 (BC §

310);

b. New York City Administrative Code, Title 27, Chapter 1, Subchapter 3, Article

18;

c. New York City Building Code § 310;

d. New York City Housing Maintenance Code §§ 27-2004, 2057-2088; and

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.

§ 21-04 Incomplete applications

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.

§ 21-05 Term of registration; Expiration of registration

1. a. The term of the registration shall be four years, except as provided in subdivision

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.

§ 21-06 Amendment of a short-term rental registration

1. If any information, other than the phone number or email address, required by § 21-

03 of this chapter 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.

§ 21-07

Renewal of a short-term rental registration

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 section 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.

§ 21-08

Denial of a short-term rental registration or renewal

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 section 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 section 21-13 of these rules.

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 section

21-13 of these rules.

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.

§ 21-09

Prohibited buildings list

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 section 21-08 of this chapter, 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.

§ 21-10 Registered host requirements

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 section 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.

§ 21-11 Privacy and security of information

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 section 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.

§ 21-12 Retention and disposal of information

1. The administering agency will retain records provided by registered hosts pursuant

to this chapter:

a. As long as a registration remains active, and for a period of three years after

the revocation or lapse of such registration unless retention is required;

b. As long as an investigation or enforcement action involving the records

remains open; and

c. For a period of three years after all investigations and enforcement actions are

closed, except that records involved in civil court litigation will be kept for a

period of 10 years after the close of the case.

2. The administering agency will retain records provided by building owners relating to

the prohibited buildings list for as long as the building remains on the prohibited

buildings list, plus three years.

§ 21-13 Penalties

1. No penalties will be imposed for violations of these rules or of Chapter 31 of Title 26

of the Administrative Code of the City of New York Chapter until May 9, 2023, nor

shall any such violation be based on conduct that occurred prior to May 9, 2023,

unless such conduct is continued past such date.

2. Civil penalties established by this section may be imposed and recovered in a

proceeding before the office of administrative trials and hearings or a court of

competent jurisdiction. Notices of violation, administrative summonses, and

appearance tickets for violations may be issued by officers and employees of the

administering agency or other city agencies designated by such administering

agency.

3. Any person who violates subdivision a of section 26-3102 of the administrative code

shall be liable for a civil penalty of not more than the lesser of $5000 or three times

the revenue generated by the short-term rental for each such violation. Any person

who violates any other provision of chapter 31 of title 26 of the administrative code or

any provision of these rules shall be liable for a civil penalty of the applicable amount

contained in the following penalty table.

Citation

Violation Description

Cure

First

Violation

First

Default

Second

Violation

Second

Default

Third and

Subsequent

Violation

Third and

Subsequent

Default

Admin

Code §

26-3102(j)

Failing to timely notify

administering agency of

changes to information

provided by the applicant

in connection with a

short-term rental

application

Yes

$100

$500

$2,500

$1,000

$5,000

Admin

Code §

26-

3103(a)

Failing to conspicuously

post and maintain, within

a dwelling unit, a

diagram indicating

normal and emergency

egress routes for such

unit and building

containing such unit

Yes

$100

$500

$2,500

$1,000

$5,000

Admin

Failing to conspicuously

Yes

$100

$500

$2,500

$1,000

$5,000

Code §

26-

3103(a)

post and maintain, within

a dwelling unit, a copy of

the short-term rental

registration certificate for

such unit

Admin

Code §

26-

3103(b)

Failing to include a

short-term rental

registration number in an

advertisement or other

offer for short-term rental

of a dwelling unit

Yes

$100

$500

$2,500

$1,000

$5,000

Admin

Code §

26-3103(c)

Failing to maintain a

record of each short-

term rental, for at least

seven years after such

short-term rental

occurred

$500

$2,500

$1,000

$5,000

Admin

Code §

26-3104(c)

Making a material false

statement or concealing

a material fact in

connection with filing or

renewing an application

for short-term rental

$1,000

Admin

Code Title

26,

Chapter

All other violations of

Chapter 31 of Title 26 of

the New York City

Administrative Code and

these rules

$100

$500

$2,500

$1,000

$5,000

4. All citations are to chapter 31 of title 26 of the administrative code or to chapter 21 of

title 43 of the rules of the city of New York.

5. Unless otherwise specified, a second or third or subsequent violation means a

violation by the same respondent, within 3 years of the prior violation(s). When a

prior violation was dismissed, the penalty shall be reduced as if the violation was

charged without consideration of the dismissed violation.

6. Where indicated as eligible for cure in the table of penalties, the fine for a first

violation of each section will be zero if the respondent proves by a preponderance of

the evidence that the basis for the violation has been corrected. Subsequent

violations of that type will not be eligible for cure.

§ 21-14 Revocation

1. A short-term rental registration shall be revoked, after the registered host is given

notice and an opportunity to be heard, in any of the following circumstances:

a. The dwelling unit has been used in violation of restrictions in 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;

b. The applicant made a materially false statement or concealed a material fact

in connection with the filing of a short-term rental application or renewal

pursuant to these rules;

c. The registered host has committed three or more violations of chapter 31 of

title 26 of the administrative code or these rules within a period of 24 months;

d. The dwelling unit that is the subject of the short-term rental application was

added to the prohibited buildings list after the registration had been approved;

and

e. The administering agency, after issuing the registration, discovers information

that would have precluded the administering agency from granting the

registration had the information been known at the time.

2. A Notice of Intent to Revoke a short-term rental registration shall be sent from the

administering agency to the registered host that provides the following information:

a. All reasons that the administering agency will allege as a basis for revocation;

b. When applicable, the violation numbers of any violations previously issued

that constitute a basis for revocation; and

c. Information on the registered host’s right to a hearing in accordance with

subdivision d of section 26-3104 of the administrative code.

3. A registered host may consent to revocation without a hearing.

4. The administering agency shall, as soon as practicable, notify each booking service

disclosed by the registrant as having a listing for the registered dwelling unit of any

revocation of a short-term rental registration.

Chapter 22

BOOKING SERVICE REQUIREMENTS FOR

SHORT-TERM RENTALS

§22-01 Definitions

§22-02 Verification of short-term rentals

§22-03 Reporting requirements

§22-04 Fees

§22-05 Penalties

§22-01 Definitions

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 executive order.

Application program interface. The term “application program interface” means a

software intermediary that makes it possible for application programs to interact

with each other and share data or successor technologies.

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.

Booking Service. The term “booking service” has the meaning ascribed to such term by

section 26-2101 of the Administrative Code of the City of New York, as added by local

law number 146 for the year 2018.

Directly or indirectly. The term “directly or indirectly” has the meaning ascribed to

such term by section 26-2101 of the Administrative Code of the City of New York, as

added by local law number 146 for the year 2018.

Dwelling unit. The term “dwelling unit” has the meaning ascribed to such term by the

housing maintenance code.

Electronic verification system. The term “electronic verification system” means an

application program interface created and maintained by the administering agency

that a booking service may use to: (i) verify whether the housing accommodation or

dwelling unit that is the subject of a short-term rental is included on the list of class B

multiple dwellings published pursuant to section 26-2103 of the administrative code,

as added by local law number 146 for the year 2018; or (ii) verify that the dwelling

unit or housing accommodation that is the subject of such short-term rental has a

currently valid short-term rental registration number, and that the full legal name of

the host and the physical address of the dwelling unit associated with such short-term

rental match the host and physical address information associated with such

registration number, and that the uniform resource locator or listing identifier being

used to offer the short term rental is associated with the currently valid short-term

rental registration number; and (iii) obtain a unique confirmation number reflecting

that such verification has occurred.

Full Legal Name. The term “full legal name” means either the actual legal name of a

registered host or the chosen or preferred name provided by a registered host to the

administering agency and accepted for use by the administering agency in relationship

to the registration.

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.

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.

Short-term rental. The term "short-term rental" has the meaning ascribed to such term

in section 26-2101 of the Administrative Code of the City of New York, as added by

local law number 146 for the year 2018.

Short-term rental registration number. The term “short-term rental registration number”

means a registration number issued in accordance with the registration of a dwelling

unit pursuant to section 26-3102 of the Administrative Code of the City of New York

and chapter 21 of this title.

§22-02

Verification of lawful short-term rentals

1. A booking service shall not charge, collect, or receive a fee from a person in

connection with a short-term rental of a dwelling unit or housing accommodation

unless such booking service has used the electronic verification system maintained

by the administering agency either to:

a. Verify that a short-term rental is for a dwelling unit or housing accommodation

within a class B multiple dwelling on the list of class B multiple dwellings

published pursuant to section 26-2103, as added by local law number 146 for

the year 2018; or

b. Verify that 1) the dwelling unit or housing accommodation that is the subject

of such short-term rental is associated with the short-term rental registration

number submitted by such person to the booking service, 2) such registration

is currently valid, 3) that the uniform resource locator or listing identifier being

used to offer the short-term rental is associated with the short-term rental

registration number, and 4) that the host’s full legal name and physical

address information provided by such person to the booking service match

the information contained in the electronic verification system.

2. The electronic verification system will accept from a booking service through an

application program interface the street address, host name, registration number,

and the uniform resource locator or listing identifier being used to offer the short-term

rental. If the street address matches an address on the list of Class B multiple

dwellings, the electronic verification system will provide a unique confirmation

number to the booking service, reflecting that such verification has occurred. If the

street address does not match an address on the list of Class B multiple dwellings,

the electronic verification shall verify that the registration number is currently valid

and associated with the host name, street address and the uniform resource locator

or listing identifier being used to offer the short-term rental. If the data submitted

matches the records related to the registration number, the electronic verification

system will provide a unique confirmation number to the booking service, reflecting

that such verification has occurred. The confirmation number shall be formatted

such that the booking service shall be able to identify whether the verification match

was based on a Class B list or a registration status.

3. The administering agency shall incorporate the registration expiration date into the

unique code and shall provide all bookings services that use the electronic

verification service information sufficient to understand how the date is included. The

processing of a transaction by a booking service relying on a code that contains the

expiration date shall be presumptive evidence that the booking service is aware of

the expiration date of the registration.

4. The booking service must retain all unique confirmation numbers for use in meeting

the reporting requirement below.

5. A booking service shall reverify each listing:

a. within twelve calendar months of the previous verification, except where the

previous verification’s unique confirmation number indicates that the

verification was based on Class B dwelling list match;

b. within 15 business days of the expiration date contained in the unique

confirmation number; and

c. whenever it knows or should have known that any data it used to complete

the most recent verification has changed, including but not limited to the

host’s name and the address of the listing.

6. A booking service will be required to provide an email address to the administering

agency that will be used by the administering agency to transmit notices of

revocation.

7. A booking service will be presumed to know that a registration has been revoked if

an email notifying the booking service of the revocation was sent to the email

account provided by the booking service and 15 business days have passed since

the email was sent.

§22-03

Reporting requirements

1. A booking service shall submit to the administering agency a monthly report of each

short-term rental transaction processed by the booking service. Such report shall be

electronically submitted on a monthly basis by a booking service through a secure

portal accessible from the administering agency’s website. The report shall be in the

format published on the administering agency’s website. The report shall include the

following information:

a. The booking service’s public uniform resource locator for the listing or other

listing identifier; and

b. The unique confirmation number obtained from the electronic verification

system.

A booking service may provide the required data once per transaction or may

provide the data and indicate the number of transactions processed relying on the

unique confirmation.

2. Submission of such report shall constitute a statement by the booking service that for

each transaction enumerated in the report, the verification required by this chapter

occurred.

3. Each report shall cover transactions occurring during a period that begins with the

first day of a reporting period and ends with the last day of that reporting period.

4. A transaction related to a short-term rental that begins in one reporting period but

ends in a subsequent reporting period shall be included in the report covering the

reporting period in which such rental concludes.

5. Except for the initial reporting period, the reporting periods shall begin on the first day

of a month and end on the last day of that month. The initial reporting period shall

begin May 9, 2023, and end on May 31, 2023.

6. The initial report shall be submitted not more than 30 calendar days after the

conclusion of the initial reporting period. Following the initial report, a booking service

must submit the report to the administering agency not more than 15 calendar days

after the conclusion of the reporting period.

§22-04

Fees

1. Each booking service shall register with the administering agency to use the

electronic verification system. Such registration shall require the name of the booking

service, an email that the booking service agrees to receive correspondence with,

the name of a contact person, and the phone number for the contact person. The

booking service shall provide the number of listings that it reasonably believes it will

verify the registration status of using the electronic verification system per calendar

year.

2. The booking service shall pay an initial fee to use the electronic verification system

equivalent to $2.40 per listing that it provides during registration, and such fee shall

be required to be paid to complete the registration.

3. The administering agency shall charge $2.40 for each listing the booking service

submits for verification in a calendar year, except that there shall be no fee when a

listing was verified as having an address that matches an address on the list of Class

B multiple dwellings. Reverification of a listing in compliance with section 22-02(5) of

this chapter shall not result in an additional charge. The administering agency shall

conduct a quarterly reconciliation of each booking service’s use of the electronic

verification system. The administering agency shall provide a statement to the

booking service indicating the number of listings verified, the number that had not

been previously verified in the calendar year, the number that were on the list of

Class B multiple dwellings, and the total charges in the quarter. The booking services

shall not be liable for fees equal to the initial registration fee, and the administering

agency shall reflect on the statement a credit equivalent to such fee.

4. Once a booking service is provided a statement showing that it owes money, it shall

pay the balance within 30 days. Failure to pay the balance within 30 days will result

in a suspension of the booking service’s registration to use the electronic verification

system.

§22-05

Penalties

1. No penalties will be imposed for violations of these rules or of Chapter 32 of Title 26

of the Administrative Code of the City of New York until May 9, 2023, nor shall any

such violation be based on conduct that occurred prior to May 9, 2023.

2. For each transaction in which a booking service charges, collects, or receives a fee,

directly or indirectly, for activity described in the definition of booking service in

relation to a short-term rental in violation of section 22-02 of this chapter, such

booking service shall be liable for a civil penalty of not more than $1,500. However, if

such booking service can establish the amount of such fee, the civil penalty shall be

not more than three times such fee. A booking service may establish the amount of

such fee by providing to the administering agency records reflecting the fee in which

the booking service charged, collected, or received for such transaction. A booking

service shall not be penalized for charging, collecting, or receiving a fee based on a

short-term rental occupancy that commenced prior to the end of either the period in

which a booking service must reverify a listing or the period after which a booking

service is presumed to have notice of revocation.

3. A booking service that fails to submit information in compliance with the

requirements of this chapter shall be liable for a civil penalty, to be assessed once

per reporting period for each transaction that the booking service has failed to report.

4. The civil penalty shall not be more than the greater of $1,500 or the total fees

collected during the preceding year by the booking service for transactions related to

the registration number or uniform resource locater. Penalties based on total fees

shall not include any fees that were used to assess a previous penalty.

5. If a booking service’s report is missing, incomplete, or inaccurate, the administering

agency will provide the booking service with a written notice of its deficiencies in

compliance. The notice shall include specific information regarding deficiencies in

need of correction. The booking service shall have 15 business days from the date

such a 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 booking service 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 a booking service may cure deficiencies, the

administering agency may seek civil penalties for any continuing deficiency.

6. Civil penalties established by this section may be imposed and recovered in a

proceeding before the office of administrative trials and hearing or a court of

competent jurisdiction. Notices of violation, administrative summonses and

appearance tickets for violations may be issued by officers and employees of the

administering agency or other city agencies designated by such administering

agency.