Capital Region Legal News

Monday, July 4, 2016

New York Lawmakers Back Bill Banning Short-Term Rental Ads Involving NYC Rentals

Some call it government overreach, while many others applaud the recent advancements by New York lawmakers in banning short-term rentals in New York City. Whatever the individual position, all can agree that some sort of reform is needed in the short-term rental industry, as developers and homeowners alike are left to deal with the unintended negative consequences of short-term renters leaving properties a mess – as well as disturbing neighbors in the process.

Backed by Sen. Andrew Lanza (R-Staten Island) and Assemblywoman Linda Rosenthal (D-Manhattan), the bill would make it illegal for property owners to advertise their units on short-term rental sites like AirBNB.com. More specifically, rental offers of 30 days or less would be specifically outlawed, with a $7,500 fine awaiting anyone who violates the restrictions.

The legislation is the first of its kind in the United States, and parties on both sides of the aisle applaud the measure. In a statement by Rosenthal, "[e]very day I hear from New Yorkers who are sick and tired of living in buildings that have been turned into illegal hotels through Airbnb because so many units are rented out to tourists, not permanent residents.”

By contrast, the CEO of AirBNB recently spoke out against the measure, stating that lawmakers “should not penalize middle class families renting out their homes for less than 30 days the same way they penalize people operating illegal hotels and removing housing from the market.”

While short-term rentals have been outlawed by New York City municipal law for some time, the current bill under consideration would make the restriction a state law – and impose much heftier fines and penalties for lawbreakers. Moreover, the law would help alleviate the unfair result that occurs when building managers are left on the hook for the fines incurred by their wayward tenants, ensuring that the truly responsible party is left to foot the bill for unlawful short-term rentals.

Contact an experienced real estate attorney today!

If you would like to discuss your rights under state or municipal law, please contact Ianniello Anderson, P.C. today: 518-350-7755.  


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