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Bill Could Make Vacation Rentals Illegal

062910craigslist.jpg New Yorkers have been subletting on the sly since way before Craigslist started matching them with tenants. You go on vacation for a few weeks, you find someone to rent your place for those weeks you're gone, and everybody's happy except your freaked-out cat. But the state Legislature is considering a new bill that would make that practice illegal. (Don't worry, there's a "cat-sitting situation" subsection.)

The bill was originally written to prevent building owners from illegally converting apartments into hotel rooms, but the wording throws a blanket over short-term renters as well. The bill would ban renting out an apartment for shorter than 30 days, except in situations where no money is exchanged or a temporary visitor is caring for pets or plants. Bill supporter State Senator Liz Krueger said the bill is meant to target seedy landlords, not average residents trying make some cash from a short-term rental. She told the Times, "The city is not going to knock on doors."

Still, those who offer rentals or take advantage of such offers are upset that they may soon be forced to pay New York hotel prices to stay in the city. Brian Chesky, co-founder of vacation rental website Airbnb.com, said, "This legislation is being painted as slumlords who convert apartments to illegal hotels. But as far as I can tell, this will affect thousands of families, young professionals and elderly people." And Sean O'Neill of Budget Travel writes, "If you can save $150 a night on your visit to New York City, who is harmed? Who is really being hurt here by short-term sublets?...It encourages ordinarily law-abiding people, like me, to break the law because the law is so inane."

The bill passed the state Senate in a 32-28 vote last week, but has yet to be voted on by the Assembly. Protesters have created an online petition, blaming the bill on "Big Hotel" lobbyists. At press time 18 people had signed up.

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Comments [rss]

  • travelers are affected in this bill they have limit in spending their vacation i don't see a point why they have this kind of bill

  • There is obviously a lot to consider about this. But I think you made some good points in discussing the topic.

  • :( an illegal vacation apartment..im sure that anyone who go to have a vacation there will not be satisfied because there freedom is limited .. http://www.telavivapartments.n...

  • maab30

    All this bill would do is strengthen a law that’s already on the books but was too poorly worded. The bill would close those gaps and make it illegal for building owners to use their buildings illegally has hotels, a tactic that is used to harasses tenants from their homes. Wish this reporter would have done her homework.

  • Jackie Del Valle

    As a member of the coalition who works to stop illegal hotels, this bill is aimed directly at landlords and property managers who are taking affordable housing units from an already tight housing market and renting them as hotel rooms. My organization, Housing Conservation Coordinators, (http://hcc-nyc.org/), has received countless complaints from tenants in these buildings about noise, harassment, crime, and decreases in services as landlords convert empty units into hotel rooms. Additionally, many tourists are not aware that they are renting units in buildings that do not conform to fire safety standards that are designed to protect transient occupants. Overcrowding, no secondary means of egress, and illegal construction violations are often found in these buildings—all creating serious fire hazards! The Mayor’s Office that oversees this is small and will be focused on the big violators who have illegally converted apartments building into hotels, like Hotel Toshi who one of the many big operators using AirBnB. Tenants in one of Hotel Toshi’s buildings, for example, did not get packages for months because the “hostel staff” that replaced their super, would throw them out. Further, the bill does NOT take away a person’s right to sublet or rent out an extra room or bed in apartment is important. I repeat, subletting is not made illegal with this bill.

  • jles

    Wait....so they conform to safety standards for people that want to live in them for a year... but not overnight? Sounds like those safety standards need to be re-addressed if you ask me.

    I'm glad this won't effect subletting, but I don't understand the "problem" you're trying to solve, and I seriously hope we're not paying you with taxpayer money.

  • Spudster

    Would this legislation apply to house swaps, where no money changes hands (like in that bad Cameron Diaz / Kate Winslet movie)?

    If someone stays in my home while I stay in theirs, and neither of us collects money from the other, how is that different from letting your friend crash for a couple of nights while you're away?

  • Stewart

    I love in a nice doorman building with my spouse and two kids. To rent in this building, I had to submit to a credit check, produce pay statements, and list my prior landlord so my references could be checked.

    I've got a problem with my neighbor potentially renting out their apartment by the week or night to unscreened strangers who could be pedophiles for all I know. Don't go on vacation if you can't afford it without subletting your space.

  • Politburo

    You've got a problem with your neighbor renting their apartment out? Take that up with your landlord. Most leases prohibit unapproved sublets, no matter how short the duration is.

  • jles

    Did they run a check on your criminal history? Did they run a drug test? No, they really only care that you can probably pay them in order to live there. Not that you're a good person around kids. Though, I do respect your concern, I grew up in a building with plenty of nut-jobs. It's just part of NYC. Move to the suburbs if you want to shelter them.

    This is typically where the doorman luxury would come in, right? He just flat out won't let anyone not on the lease into your apartment.

  • pinball29

    This is New York. Legislation is meaningless when money is involved. All parties, from renters too lessees to landlords to illegal hotel conversions will find a way around some stupid law passed by bribed officials. All you need to do is go to Bide-a-wee and get a cat.

  • ides_of_march

    Every damned day the busybodies in government dream up new ways to intrude on your life and take away your liberties.

    Fuck off!

  • The bottom line is that our unconscionable pols are trying to wring every last dollar out of us peons.

    Wouldn't you say that raising the tax rate (BTW, comparatively lower than yours or mine to begin with) on Wall Street bonuses of 180 billion (paid from our tax dollars) for their outstanding performance in 2009 may be a more effective solution?

    Ain't gonna happen my friends because the deck is stacked against. We "citizens/constituents" could never collectively come up with the campaign financing cash contributed by a single multi-national corporation.

  • jles

    Is this seriously the only answer anyone has to ANYTHING anymore? TAX WALL STREET! TAX RICH PEOPLE! It's never fire the government officials we're paying to draft this legislation, a.k.a cut government spending.

    I agree that it's unconscionable that these banks racked up records profits (upon which they will pay taxes and interest on TARP) in 2009, but that is OUR FAULT (the taxpayer). We never should have (allowed our elected representatives) bailed them out to begin with, and should have just let them fail like they deserved to.

  • jaycjay

    And somehow, our smart legislators and their legal staffs can't figure out a way to word this bill so that it targets landlords treating apartments as hotel rooms but lets individuals do an occasional vacation rental.

    "The hotel industry, obviously."

    It'd be interesting to look at lobbying reports and campaign contribution records in the wake of this thing.

  • Rocknrope

    "The city is not going to knock on doors."

    In other words, another useless bill that is arbitrarily enforced, most likely at times when the city needs to drum up cash.

    About as useful as the "No spitting on the sidewalk" law in Chinatown.

  • inoyourider

    I'm all for making a few bucks by renting out your room.

    At the same time ""If you can save $150 a night on your visit to New York City, who is harmed?"

    The hotel industry, obviously.

  • jles

    Spending any amount of time drafting legislation like this is a waste of taxpayer money.

    The fucking government is useless. Bow to market forces.

  • inoyourider

    The taxpayers include hotels so obviously not a waste.

  • jles

    And, yes, I believe this is a complete waste of money for any taxpayer, even a hotel, because it's putting government restrictions on allowing the market to determine real prices.

    If this type of stuff could economically put the hotel industry out of business... then the hotel business is overpriced and should fail.

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