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New York’s short-term rental ban – Update

December 10, 2010

Some residential buildings that have historically operated as hotels prior to the enactment of the Multiple Dwelling Law [1], or were legally operating as hotels under the pre-1961 zoning can register their units for other than permanent residence purposes with the Department of Building.  Applicants that register by January 12, 2011 will have until July 16, 2012 (with possible extensions) to comply with relevant building codes for transient use.

The other criteria to satisfy in order to convert a class A dwelling (for permanent residential use) into a class B dwelling (for transient use) are the following: (a) the dwelling is of a fireproof construction and was of fireproof construction on 1/1/2009; (b) the dwelling units have at least two lawful means of egress and had them on 1/1/2009; (c) the dwelling has operational exit signs and a fire alarm system that comply with local law for existing transient occupancies and had the signs and alarm system on 1/1/2009.

The relevant registration form and other documents to be submitted can be accessed on the New York City Department of Building Website:

http://www.nyc.gov/html/dob/html/forms/forms_permits.shtml

The MDL1 Form: http://www.nyc.gov/html/dob/downloads/pdf/mdl1.pdf

The MDL1 Instructions: http://www.nyc.gov/html/dob/downloads/pdf/mdl1_instr.pdf

The MDL1 form, satisfactory supporting documentation as well as the PW1, PW3, and ASB4 forms must be submitted to the Department by January 12, 2011.

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[1] The Multiple Dwelling Law was enacted in April 1929.

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One Comment
  1. I am really surprised that with so many people’s income at stake that NY apartment owners have not done what we have done in other cities.

    1) You all form an association and pay in 150 usd/month each
    2) With this cash you take the city to court and challenge this dumb legislation
    3) Together you are all stronger. Someone has to do it!

    As you have said the clock is ticking, now someone who has a vested interest, maybe even a lawyer who has short lets as a sideline should move their asses to start legal action against the city authorities. Like yesterday. Also some of you may know people in the media that can rally the cause. If everyone pays in you can also pay to get the media attention focused back on the valuable service apartments provide for visitors.

    These guys represent us in Madrid and Barcelona, we all pay in and they fight the state/hotel lobby. http://www.apartur.com/ . Things in Berlin are also starting to change. I will give you an update maybe in the future. Anyway, we want to come and open in NY and are watching this case closely.

    The hotel lobby do it everywhere, no one likes competition and they will crush you if you do not get organised.

    You have property rights, it is your right to do with your property as you wish. That said it still needs to be regulated to get rid of the bad guys, so the good guys like us can compete on an even playing field.

    Good luck guys, and sort your stuff out before they ruin your businesses.

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