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What is NYC AC § 26-3203?

Quick Answer

This section outlines the civil penalties applicable to booking services that violate regulations related to short-term rentals. Penalties can reach up to $1,500 per transaction, or three times the fee if the amount is established. The administering agency is empowered to enforce these penalties and conduct investigations. Applies to booking services involved in short-term rental transactions.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 26-3203 Penalties.

AC § 26-3203

a. 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 subdivision a of section 26-3202, such booking service shall be liable for a civil penalty of not more than $1,500; provided that if such booking service can establish the amount of such fee, such civil penalty shall be not more than three times such fee. b. If a booking service fails to provide information in compliance with subdivision b of section 26-3202, such booking service shall be liable for a civil penalty to be assessed once per reporting period for each transaction the booking service has failed to report. 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. c. Civil penalties for violations of this chapter and rules of the administering agency promulgated pursuant to this chapter may be recovered in proceedings before an administrative tribunal within the jurisdiction of the office of administrative trials and hearings in accordance with the rules of such tribunal or in an action in 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. d. The administering agency shall be authorized to conduct investigations, to issue subpoenas, to receive evidence, to hear complaints regarding activities subject to this section, to hold public hearings, to take testimony and to promulgate, amend and modify procedures and practices governing such proceedings. (L.L. 2022/018, 1/9/2022, eff. 5/9/2023)

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