§ 21-09 Prohibited buildings list.
RCNY § 21-09
1.The administering agency shall create and maintain a prohibited buildings list, which shall contain the address of each building whose owner, including any applicable board of a cooperative or condominium corporation, has notified the agency that no short-term rental of any dwelling unit within the building is permitted.
2.To be added to such prohibited buildings list, a building owner, including any applicable board of a cooperative or condominium corporation, or the manager or agent of such building or board, must submit an online application to the administering agency.
3.When submitting an application pursuant to subdivision (2) of this section, the applicant shall be required to provide: a. The name of a natural person making the application; b. A working phone number for the applicant; c. An email address for the applicant; d. The address of the building the applicant seeks to add to the list; e. An explanation of the relationship between the owner and the applicant; and f. Any proof or documentation requested by the administering agency to substantiate the request where the administering agency has cause to require further verification.
4.The applicant must certify that leases and other occupancy agreements for dwelling units within the building prohibit short-term rentals.
5.The administering agency shall send a letter to the owner of record whenever it receives an application for inclusion on the prohibited buildings list.
6.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.
7.The administering agency will publish the list of prohibited buildings on the city's open data website. The list shall be updated in as close to real time as practicable and published in the same location.
8.Application to remove a building from the prohibited buildings list shall be made by using an online application accessible from the administering agency's website. A building owner, including any applicable board of a cooperative or condominium corporation, or the manager or agent of such building or board, shall be required to provide: a. the name of a natural person making the application; b. A working phone number for that applicant; c. An email address for the applicant; d. The address of the building the applicant seeks to remove from the list; e. An explanation of the relationship between the owner and the applicant; and f. A statement describing the basis for removal from the list.
9.The administering agency shall add to the prohibited buildings list all buildings the administering agency is aware of that are precluded from registration based on subdivisions 3, 4, and 5 of 43 RCNY § 21-08, and indicate the basis for inclusion. The administering agency shall deny all applications to remove such building from such list unless it discovers that the basis for inclusion has changed. (Added City Record 2/3/2023, eff. 3/5/2023)
