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. LBD14035-03-4A. 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.