STATE OF NEW YORK ________________________________________________________________________ 2810 2023-2024 Regular Sessions IN SENATE January 24, 2023 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development AN ACT to amend the multiple dwelling law, in relating to clarifying certain provisions relating to the occupancy of certain class A multi- ple dwellings The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph 1 of paragraph a of subdivision 8 of section 4 2 of the multiple dwelling law, as amended by chapter 225 of the laws of 3 2010, is amended to read as follows: 4 (1) (A) occupancy of such dwelling unit for fewer than thirty consec- 5 utive days by other natural persons living within the household of the 6 permanent occupant such as house guests or lawful boarders, roomers or 7 lodgers; [or] 8 (B) incidental and occasional occupancy of such dwelling unit for 9 fewer than thirty consecutive days by other natural persons when the 10 permanent occupants are temporarily absent for personal reasons such as 11 vacation or medical treatment, provided that there is no monetary 12 compensation paid to the permanent occupants for such occupancy[.]; or 13 (C) incidental and occasional occupancy in exchange for monetary 14 compensation in a cooperative or condominium unit occupied by owners or 15 tenant-shareholders for fewer than thirty consecutive days by other 16 natural persons when the permanent occupant is temporarily absent for 17 personal reasons, such as vacation or medical treatment, provided that: 18 (i) the dwelling unit or stock allocated to the dwelling unit is owned 19 by or for the benefit of a natural person who resides in the dwelling 20 unit as his or her primary or secondary residence; 21 (ii) the owner of the dwelling unit or stock and the permanent occu- 22 pant does not own or control any other class A multiple dwelling being EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02331-01-3
S. 2810 2 1 occupied or made available for occupancy for fewer than thirty consec- 2 utive days by other natural persons; 3 (iii) the incidental and occasional occupancy in exchange for monetary 4 compensation in the dwelling unit for fewer than thirty consecutive days 5 does not exceed ninety total days in any one calendar year; and 6 (iv) all applicable state and local taxes and fees are collected and 7 remitted in accordance with applicable law. 8 Nothing in this clause shall be construed to abrogate or annul the 9 by-laws of a cooperative or condominium nor restrict a building owner's 10 rights or the authority of a governing board that has been duly elected 11 by the owners or tenant-shareholders of a cooperative or condominium. 12 § 2. This act shall take effect immediately.