Establishes the New York state short-term rental property commission which shall assess and address the current housing stock in the state of New York and the state of short-term rental property regulation.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9351
SPONSOR: Jensen TITLE OF BILL:
An act in relation to establishing the "New York state short-term rental
property commission"; and providing for the repeal of such provisions
upon expiration thereof
PURPOSE OR GENERAL IDEA OF BILL:
Establishes the New York state short-term rental property commission.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: For the purposes of this act: "Short-term residential rental
property" shall mean a residential home, unit therein, or accessory
building that is leased on a daily or weekly basis, with the general
duration of rental not exceeding thirty consecutive days. Hotels and
motels shall be excluded from any such definition. "Geographic regions"
for the purposes of this act shall be based on the following factors,
including, but not limited to: (a) geographic size; (b) proximity to and
dependence on centers of employment and population; and (c) unifying
topographic characteristics.
Section 2: A temporary state commission, to be known as the New York
state short-term rental property commission (hereafter "commission") is
hereby created to assess the current housing stock in the state of New
York and the state of short-term residential rental property. Specif-
ically, the commission shall investigate: (a) the current housing stock
in the state of New York broken down by geographic regions, which shall
include details such as the type of dwelling (e.g., single-family,
condo, etc.) as well as owner occupied and investor-owned short-term
rental properties; (b) historical changes to the housing stock in the
state of New York broken down by geographic region; (c) comparative
analysis of the historical and current housing stock in the state of New
York with those of other states; (d) the number of short-term residen-
tial rental properties broken down by geographic region; (e) impact
short-term residential rental properties have on local housing stock and
economies; (f) current state, federal, and local laws relating to use of
residential property as short-term rental units; (g) laws and policies
of other states and jurisdictions impacting/restricting short-term resi-
dential rental properties; and (h) recommendations as to the need for
changes to local or state policies/laws related to short-term residen-
tial rentals, including zoning law, enforcement of local code and reme-
dies to violations of applicable local or state laws.
Section 3: The commission shall addresS the impact short-term residen-
tial rentals have on residents, neighborhoods, as well as on crime and
police activity and on the culture of neighborhoods and communities of
interest
Section 4: (a) The commission shall consist of eight members to be
appointed as follows: two shall be appointed by the temporary president
of the senate; two shall be appointed by the minority leader of the
senate; two shall be appointed by the speaker of the assembly; and two
shall be appointed by the minority leader of the assembly. Each member
shall serve at the pleasure of the officer making such appointment,
and any vacancy in membership shall be filled in the same manner
provided for in the original appointments. (b) The members shall receive
no compensation for their services but shall be allowed their actual and
necessary expenses incurred in the performance of their duties here-
under. The commission may employ and at pleasure remove such personnel
as it may deem necessary for the performance of its functions and fix
their compensation within the amounts made available by appropriation
therefor. (c) Such membership on the commission shall not constitute the
holding of a public office
Section 5: (a) For the accomplishment for the purposes set forth in this
act, the commission shall meet and hold public and/or private hearings
within or without the state to elicit testimony as it deems necessary to
effectuate its duties. (b) The first meeting of the commission shall be
held at the state capitol building at a time and place specified by
the.speaker of the assembly; provided that such meeting occurs no later
than one year after the effective date of this act. At the first meet-
ing, the commission shall elect a chair and vice-chair upon a majority
vote of the membership. Following the election of such chair, all future
meetings and hearings of the commission shall be called at the chair's
discretion. In the absence of the chair, such authority shall be exer-
cised by the vice chair.
Section 6: its findings no later than December thirteenth, two thousand
twenty-six. The report shall be provided to the legislature and attorney
general. Such report shall also include recommendations for changes to
local and/or state policy and laws relating to short-term residential
rentals. Such report shall also provide model local law language for
municipalities to use if they currently have no code for short-term
rental property regulation, and guidance on proper mechanism on enforce-
ment of local law regarding short-term rental property ownership and
use.
Section 7: sets the effective date.
JUSTIFICATION:
Across New York, short-term rental properties are becoming more ubiqui-
tous and are no longer restricted to large cities or tourist hotspots.
As this industry continues to evolve, it is invaluable for the state to
be prepared, along with local communities, to meet any issues that arise
from their continued use. By creating the New York state short-term
rental property commission, the state government can better understand
the current situation regarding short-term rental properties, their use
in regions across the state and the ability of local communities to
manage their impact.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
EFFECTIVE DATE:
This act shall take effect immediately and shall expire December 22 31,
2026 when upon such date the provisions of this act shall be deemed
repealed
STATE OF NEW YORK
________________________________________________________________________
9351
IN ASSEMBLY
March 6, 2024
___________
Introduced by M. of A. JENSEN -- read once and referred to the Committee
on Housing
AN ACT in relation to establishing the "New York state short-term rental
property commission"; and providing for the repeal of such provisions
upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. For the purposes of this act: "Short-term residential
2 rental property" shall mean a residential home, unit therein, or acces-
3 sory building that is leased on a daily or weekly basis, with the gener-
4 al duration of rental not exceeding thirty consecutive days. Hotels and
5 motels shall be excluded from any such definition.
6 "Geographic regions" for the purposes of this act shall be based on
7 the following factors, including, but not limited to:
8 (a) geographic size;
9 (b) proximity to and dependence on centers of employment and popu-
10 lation; and
11 (c) unifying topographic characteristics.
12 § 2. A temporary state commission, to be known as the New York state
13 short-term rental property commission (hereafter "commission") is hereby
14 created to assess the current housing stock in the state of New York and
15 the state of short-term residential rental property. Specifically, the
16 commission shall investigate:
17 (a) the current housing stock in the state of New York broken down by
18 geographic regions, which shall include details such as the type of
19 dwelling (e.g., single-family, condo, etc.) as well as owner occupied
20 and investor-owned short-term rental properties;
21 (b) historical changes to the housing stock in the state of New York
22 broken down by geographic region;
23 (c) comparative analysis of the historical and current housing stock
24 in the state of New York with those of other states;
25 (d) the number of short-term residential rental properties broken down
26 by geographic region;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14035-03-4
A. 9351 2
1 (e) impact short-term residential rental properties have on local
2 housing stock and economies;
3 (f) current state, federal, and local laws relating to use of residen-
4 tial property as short-term rental units;
5 (g) laws and policies of other states and jurisdictions
6 impacting/restricting short-term residential rental properties; and
7 (h) recommendations as to the need for changes to local or state
8 policies/laws related to short-term residential rentals, including
9 zoning law, enforcement of local code and remedies to violations of
10 applicable local or state laws.
11 § 3. The commission shall address the impact short-term residential
12 rentals have on residents, neighborhoods, as well as on crime and police
13 activity and on the culture of neighborhoods and communities of inter-
14 est.
15 § 4. (a) The commission shall consist of eight members to be appointed
16 as follows: two shall be appointed by the temporary president of the
17 senate; two shall be appointed by the minority leader of the senate; two
18 shall be appointed by the speaker of the assembly; and two shall be
19 appointed by the minority leader of the assembly. Each member shall
20 serve at the pleasure of the officer making such appointment, and any
21 vacancy in membership shall be filled in the same manner provided for in
22 the original appointments.
23 (b) The members shall receive no compensation for their services but
24 shall be allowed their actual and necessary expenses incurred in the
25 performance of their duties hereunder. The commission may employ and at
26 pleasure remove such personnel as it may deem necessary for the perform-
27 ance of its functions and fix their compensation within the amounts made
28 available by appropriation therefor.
29 (c) Such membership on the commission shall not constitute the holding
30 of a public office.
31 § 5. (a) For the accomplishment for the purposes set forth in this
32 act, the commission shall meet and hold public and/or private hearings
33 within or without the state to elicit testimony as it deems necessary to
34 effectuate its duties.
35 (b) The first meeting of the commission shall be held at the state
36 capitol building at a time and place specified by the speaker of the
37 assembly; provided that such meeting occurs no later than one year after
38 the effective date of this act. At the first meeting, the commission
39 shall elect a chair and vice-chair upon a majority vote of the member-
40 ship. Following the election of such chair, all future meetings and
41 hearings of the commission shall be called at the chair's discretion. In
42 the absence of the chair, such authority shall be exercised by the vice-
43 chair.
44 § 6. The commission shall make recommendations and a final report of
45 its findings no later than December thirteenth, two thousand twenty-six.
46 The report shall be provided to the legislature and attorney general.
47 Such report shall also include recommendations for changes to local
48 and/or state policy and laws relating to short-term residential rentals.
49 Such report shall also provide model local law language for munici-
50 palities to use if they currently have no code for short-term rental
51 property regulation, and guidance on proper mechanism on enforcement of
52 local law regarding short-term rental property ownership and use.
53 § 7. This act shall take effect immediately and shall expire December
54 31, 2026 when upon such date the provisions of this act shall be deemed
55 repealed.
