§ 22-05 Penalties.
RCNY § 22-05
1.No penalties will be imposed for violations of these rules or of Chapter 32 of Title 26 of the Administrative Code of the City of New York until May 9, 2023, nor shall any such violation be based on conduct that occurred prior to May 9, 2023.
2.For each transaction in which a booking service charges, collects, or receives a fee, directly or indirectly, for activity described in the definition of booking service in relation to a short-term rental in violation of 43 RCNY § 22-02, such booking service shall be liable for a civil penalty of not more than $1,500. However, if such booking service can establish the amount of such fee, the civil penalty shall be not more than three times such fee. A booking service may establish the amount of such fee by providing to the administering agency records reflecting the fee in which the booking service charged, collected, or received for such transaction. A booking service shall not be penalized for charging, collecting, or receiving a fee based on a short-term rental occupancy that commenced prior to the end of either the period in which a booking service must reverify a listing or the period after which a booking service is presumed to have notice of revocation.
3.A booking service that fails to submit information in compliance with the requirements of this chapter shall be liable for a civil penalty, to be assessed once per reporting period for each transaction that the booking service has failed to report.
4.The civil penalty shall not be more than the greater of $1,500 or the total fees collected during the preceding year by the booking service for transactions related to the registration number or uniform resource locater. Penalties based on total fees shall not include any fees that were used to assess a previous penalty.
5.If a booking service's report is missing, incomplete, or inaccurate, the administering agency will provide the booking service with a written notice of its deficiencies in compliance. The notice shall include specific information regarding deficiencies in need of correction. The booking service shall have 15 business days from the date such a notice is provided to either correct the deficiency or provide a written statement explaining why the required information is unavailable or how it is complete or accurate. The booking service shall submit the corrections or explanation in a manner directed in the notice of deficiency. Upon the conclusion of the 15 business-day period in which a booking service may cure deficiencies, the administering agency may seek civil penalties for any continuing deficiency.
6.Civil penalties established by this section may be imposed and recovered in a proceeding before the office of administrative trials and hearing or a court of competent jurisdiction. Notices of violation, administrative summonses and appearance tickets for violations may be issued by officers and employees of the administering agency or other city agencies designated by such administering agency (Added City Record 2/3/2023, eff. 3/5/2023)
