At Home, we are always on the lookout for newly passed legislation that you might find useful in representing your clients. You may recall that earlier this year, New York City adopted Local Law 18, also known as the Short-Term Rental Registration Law, which requires short-term rental hosts to register their properties with the Mayor’s Office of Special Enforcement (OSE), and prohibits booking service platforms (such as Airbnb, VRBO, Booking.com, and others) from processing transactions for unregistered short-term rentals.
NYC will begin enforcement of Local Law 18 on September 5, 2023, so please mark your calendar accordingly if you represent clients that might be affected by the new law. In addition to the requirement for owners to register their properties used for short term rentals with OSE and the prohibition of all rental sites from allowing listings/bookings for unregistered buildings, the law also allows property owners to add their building to a Prohibited Building List which will let OSE know that no short-term rentals should be registered for this building (the “Prohibited Building Registration”). If your clients own rentable property and have no intention in engaging in short-term rentals, you may wish to advise them to take advantage of the Prohibited Building Registration option as it may be the best available defense if any violations are issued under the law for a short-term rental completed by a tenant without the owner’s actual knowledge.
Below are links to both the OSE information page which provides valuable information regarding the new law and the procedure to register the property if applicable, as well as to the Prohibited Building Registration page.
https://www.nyc.gov/site/specialenforcement/registration-law/registration-for-hosts.page
https://www.nyc.gov/site/specialenforcement/registration-law/pbl.page
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