On January 9, 2022, the New York City Council enacted Local Law 18, which requires short-term rental hosts to register with the City and prohibits so-called “booking services” from processing transactions for unregistered listings. Local Law 18 is accessible here. To that end, Local Law 18 requires the Mayor’s Office of Special Enforcement (“OSE”) to:
“[C]reate and maintain a prohibited buildings list of all addresses whose owner, including any applicable board of a cooperative or condominium corporation or their managers and agents, has notified the agency in a form and manner to be specified by the administering agency that no short-term rental of any dwelling unit therein is permitted.”
After public hearings held on December 5, 2022 and January 11, 2023, OSE has today published rules to implement the entirety of Local Law 18 of 2022, including those portions related to the creation and maintenance of the Prohibited Buildings List. OSE’s Notice of Adoption of the Final Rules Governing Short-Term Rentals is available here.
The adopted rules allow an owner, or certain other interested parties, to submit an online application for inclusion on the Prohibited Buildings List. The applicant must certify that leases or other occupancy agreements for dwelling units in the building prohibit short-term rentals. According to OSE, the registration portal will open March 6, 2023. OSE is required to publish the Prohibited Buildings List on the New York City Open Data website and update it in as close to real time as is practicable. Once a building appears on the Prohibited Buildings Lists, Local Law 18 prohibits OSE from issuing a short-term rental registration for any dwelling unit therein. Any person, including the host, who violates the law by offering, managing, or administering the short-term rental of an unregistered dwelling unit becomes subject to penalties. Contact UsFor more information regarding Local Law 18, please consult the latest issue of our newsletter, The BBG Update.If you wish to discuss how any aspect of Local Law 18 or the new rules may apply to your building, contact your BBG attorney of record or email us at info@bbgllp.com.