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Dispelling myths on the proposed legislation (A1008-B, S6873-B)

July 22, 2010

Dispelling myths on the proposed legislation (A1008-B, S6873-B)

This proposed law would amend the New York State Multiple Dwelling Law (“MDL”) to prohibit some New York City owners to rent their homes for less than thirty days.

Does the proposed law ban all New York City homeowners from renting for less than thirty days?

The proposed law applies to all “class A multiple dwellings,” which the MDL defines as dwellings occupied as the residence or home of three or more families living independently of each other.  This ban would apply to all rental apartments and privately owned condominiums and cooperatives apartments alike.

Under the proposed law, the owner of a two family unit or less brownstone would be free to rent to tourists and other out-of-town visitors for less than thirty days.

Will subleasing one’s extra bedroom on a short-term basis be outlawed under this proposed law?

There has been much controversy over whether or not the proposed law would also ban homeowners from renting their extra-room for less than thirty days. According to Senator Liz Krueger, who is a co-sponsor of the bill along with Assembly Richard Gottfried, the bill contains an exemption “for roommates, boarders, etc. who live or rent in the unit with the permanent occupants.”[1] Assemblyman Gottfried stated in an interview given to Brian Lehrer on July 8, 2010 that the bill exempts bed and breakfast situations in which guests rent a room while the permanent residents are living in the apartment.[2]

The text of the bill indicates that “lawful” boarders or roomers may still rent for less than thirty days if they live within the household of the permanent occupants. [3] The term “lawful” is not clearly defined in the bill.

The bill also provides that “the letting by a family of one or more rooms within their apartment to not more than a total of four boarders, roomers or lodgers provided, however, that every room in such apartment shall have free and unobstructed access to each required exit from such apartment [….]h” is exempt from the proposed law.

Please click below for the full text of the bill

http://assembly.state.ny.us/leg/?default_fld=&bn=+A10008%09%09&Summary=Y&Actions=Y&Votes=Y&Text=Y


[1] http://www.nysenate.gov/press-release/senator-krueger-assembly-member-gottfried-team-pass-illegal-hotels-legislation

[2] http://beta.wnyc.org/shows/bl/2010/jul/08/illegal-hotel-crackdown/

[3] The bill provides that “occupancy of such dwelling unit for fewer than thirty consecutive days by other natural persons living within the household of the permanent occupant such as house guests or lawful boarders, roomers [….] shall not be deemed inconsistent with the occupancy of such dwelling unit for permanent residence purposes […]”

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One Comment
  1. Mark Robinson permalink

    AFRICAN AND HISPANIC AMERICANS AGAINST LIZ KRUEGER AND RICHARD GOTTFRIED Attention my fellow African and Hispanic Americans: Did you know that LIZ KRUEGER AND RICHARD GOTTFRIED are trying to pass a law that will prevent you from renting even for one day any apartment that is located in a white neighborhood? The “LAWMAKERS” listed above have joined other “LAWMAKERS” in an effort to stop people of color from moving into buildings which are occupied primarily by WHITES. Caucasian tenants in predominately WHITE neighborhoods have been alarmed by the sight PEOPLE OF COLOR “ROAMING” THE HALLWAYS OF THEIR BUILDINGS when landlords were renting to SHORT STAY TENANTS. The SHORT STAY TENANTS can usually book a room over the internet and the LANDLORD and their staff must accommodate them when they arrive, they can not be legally turned away due to the color of their skin. This ease of access by MINORITIES to WHITE NEIGHBORHOODS and PREDOMINANTLY WHITE OCCUPIED BUILDINGS shocks the LONG TERM RESIDENTS and they do not want us in their midst even if only for one day. My friends and I frequently book a room in MANHATTAN, after dinner and an occasional Broadway show, we do not feel like driving back to New Jersey. These short term stay apartments in Manhattan are extremely inexpensive compared to a hotel room and we usually stay FRIDAY, SATURDAY and SUNDAY night, then we head straight to work (my friends and I all work downtown in the Financial District). On many occasions I have seen and felt the UNWELCOME looks and DEMEANOR of the CAUCASIAN permanent residents in these buildings which permit short stay, I have read that both of the “LAWMAKERS” listed above have capitulated to the demands of these WHITE PERMANENT RESIDENTS and are now trying to pass a law that is basically SEGREGATIONIST and it may actually be viewed as a HATE CRIME sanctioned and championed by WHITE “LAWMAKERS”. In the July 5, 2010 issue of the DAILY NEWS Ms. KRUEGER is quoted as saying “Residents will no longer see their apartment buildings OVERRUN by transient tourists” As you can see by the choice of words used by her, she emphasizes overrun, sounds like the kind of word used to describe Mice and Roaches or other vermin. In the same article, Assembly bill sponsor Richard Gottfried called the situation a “nightmare” where “you have strangers coming and going at all hours”. The article further states that “MAYOR BLUMBERG SUPPORTS THE MEASURE…” The legislature is bowing to the demands of the PREDOMINANTLY WHITE OCCUPIED BUILDINGS, where these occupants are HORRIFIED at the prospect that PEOPLE OF COLOR CAN LEGALLY LIVE IN THEIR MIDST. I have importuned everyone I know to launch a campaign where the “LAWMAKERS” who vote for this RACIST BILL RESIGN or BE VOTED OUT OF OFFICE EFFECTIVE IMMEDIATELY. Furthermore, everyone should write to their elected officials and ask that the law should be changed to permit as many apartments that become available in a building for SHORT STAY USE not just the 49 percent that the current law permits. Now that will be TRUE INTEGRATION and end to VILE AND DESPICABLE SEGREGATION. As a PARALEGAL and based on my conversation with attorneys, we can sue the city and the lawmakers if a Judge determines that the reasons stated for passing of this new law is a sham and this will expose BLOOMBERG and other RICH LAWMAKERS to a personal lawsuit where they will be personally be held liable for what is essentially LEGISLATING A HATE BILL. NO ELECTED OFFICIAL CAN CHANNEL HIS/HER HATRED OF MINORITIES INTO A BILL THAT IS MOST PROBABLY UNCONSTITUTIONAL. The Lawyers that I have spoken to suggested that it is probably UNCONSTITUTIONAL for the “LAWMAKERS” or any “FEDERAL, STATE OR LOCAL GOVERNMENT” to compel and dictate to any PROPERTY OWNER the LENGTH OF TIME THAT HE/SHE MUST RENT ANY APARTMENT. Finally, I reached out to attorneys who asked many Assistant District Attorney if they recall a single crime that occurred or was caused by a SHORT TERM STAY individual and all A.D.A’s have consistently responded that they have never come across a single case. In light of the above, I urge you to call every legislator in your community and send them a copy of this letter, we must not permit the BIGOTS and RACISTS to prevail and we should be able to visit apartments outside our “GHETTO” without interference from anyone.

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