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New York City Council Seeking To Increase Fines on Vacation Rentals

December 22, 2011

New York Illegal Hotel

On December 13, 2011, the New York City Committee on Housings and Buildings conducted a hearing on Intro. 404.

Intro. 404 would amend the Administrative Code of New York City to provide increased penalties for illegally converting a residential apartment into a short-stay rental.

Intro. 404 would classify as “immediately hazardous” an illegal conversion involving more than one unit in the same building or a subsequent violation in the same apartment.

Renting one’s apartment as a vacation rental: an immediately hazardous condition?

Immediately Hazardous Violations are defined in the Rules of New York City as those “where the violating conditions poses a threat that severely affects life, health, safety, property, the public interest, or a significant number of persons as to warrant immediate corrective action.”

Unlawful Demolition in New York is an example of an “immediately hazardous” condition. (Image courtesy of http://www.publicdomainpictures.net)

Unlawful Demolition is an example of an “immediately hazardous” condition.

Immediately hazardous violations are subject to fines ranging from $1,000 to $25,000 with the latter applying to repeat or aggravated violations.  A separate additional penalty of up to $1,000 may be imposed for each day a violation remains uncorrected.

Senator Krueger is in favor of the proposed city-wide legislation

Please click on the following link to access Senator Krueger’s testimony in support of Intro. No. 404:  http://www.lizkrueger.com/wp-content/uploads/illegal-hotels-council.pdf

3 Bedroom Vacation Rental in Upper East Side New York

Note that throughout her testimony she does not use the term “vacation rental” but instead equates renting/subletting one’s apartment for less than thirty days as running an illegal hotel.  Is this a fair comparison?  In communities elsewhere, renting one’s home on a short-term basis is a legitimate activity, overseen and promoted by local agencies.

Very few individuals offered testimonies against Intro. 404 at the December 13th 2011 hearing.  We need to make our voices heard against this irrational and incongruous proposed amendment.

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2 Comments
  1. Very well written.. those interested should contact Gale Brewers office immediately and voice their opposition. Letters are even better. Lewis Fidler from Brooklyn and Martin Dilan seem to be against this… they should be written to as well with you opinions. The next City Council meeting is on January 30th at 1 pm. Remember folks.. the City Council works for us…sitting silent on this one will surely mean that the fines will increase. Let your voices be heard and tell others too to write their City Council Members… now…

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