§ 17-05 Exempt Transactions Based on Rentals Occurring in Certain Buildings.
RCNY § 17-05
1.The administering agency will publish a list of addresses for buildings it has reason to believe at the time of such publication are class B multiple dwellings lawfully used for transient occupancy. Booking services are not required to include in reports transactions which are based on a short-term rental occurring in a building on this list, and no penalties shall be assessed based on the absence of or material deficiencies for transactions occurring at these addresses in such report.
2.Inclusion or lack of inclusion on such list does not alter and may not be deemed to alter the legal occupancy or zoning use group of a building or portion thereof as described in the certificate of occupancy or as otherwise determined by the Department of Buildings ("DOB").
3.The administering agency will publish the list of exempt buildings on its website no later than 15 business days after Local Law 64 for the year of 2020 takes effect on January 3, 2021. The list shall be updated every six months thereafter, and published in the same location.
4.The owner, as defined in the Housing Maintenance Code, of a building not included on the list may apply to the administering agency for a review of the building's legal occupancy and inclusion on the list. Any individual, including, but not limited to, owners, tenants, neighbors, or civic groups may apply to the administering agency for a review of a building's legal occupancy and removal from the list.
5.An application for inclusion on or removal from the exempt buildings list shall indicate the basis for adding or removing the building to or from the list, and must include all documents and statements supporting the application. The application must include the currently applicable certificate of occupancy, if one is available from the DOB. If no currently applicable certificate of occupancy is available, the application must include other relevant and applicable documentation of the current lawful uses of the multiple dwelling which the applicant is seeking to be added to or removed from the list. Such documentation may include I-cards maintained by the Department of Housing Preservation and Development or other records maintained by the DOB regarding the subject multiple dwelling, including DOB job applications. The supporting documents and statements shall be submitted to the administering agency in the particular format specified on the administering agency's website.
6.The application must be accompanied by payment to the City of a $200 processing fee. The administering agency may waive the processing fee upon request of the applicant if doing so would be in the public interest. If an application is withdrawn before the administering agency conducts its review, partial or full refund of processing fees shall be provided upon application to the Comptroller of the City of New York, and upon verification of claim by the administering agency.
7.The administering agency will review all documents and statements submitted in support of the application, and may consider any other information it deems relevant.
8.The administering agency will notify the applicant in writing of the final agency decision within 60 days of receipt of the application.
9.Subsequent applications for review of a previously reviewed building filed by the same applicant will only be considered if there has been a change in the legal occupancy occurring after the previous agency decision. (Added City Record 12/4/2020, eff. 1/3/2020)
