NYS Senate passes illegal hotels bill; Assembly needs pressure NOW!

from Housing Conservation Coordinators...

Great news on the campaign to stop illegal hotels: The NYS Senate passed A. 10008-A/S. 6873-A!  This bill would clarify that Class A units may only be used for residential, not transient, use (more details on the bill below). 

Yes, you read that correctly. Our bill (sponsored by Sen. Liz Krueger) passed the SENATE. The bill still needs to be heard and passed by the Assembly Rules Committee and then the whole NYS Assembly. To ensure this happens, everyone needs to call or email NYS Assembly Leader Shelly Silver TODAY. Time is of the essence! There are only a few days left in the session. If we don’t get this passed now, we have to start all over again in the fall. We can make a difference! Please, take just few minutes to call or email the Speaker.  We'll also be lobbying our legislators in Albany tomorrow on illegal hotels (see next action item below).

CALL Speaker Silver at 518-455-3791 and ask him to “Help stop illegal hotels and bring A. 10008-A/S. 6873-A to the assembly floor.”

OR EMAIL the Speaker at: speaker@assembly.state.ny.us. Suggested text for an email:

Dear Speaker Silver-

Please bring A. 10008-A/S. 6873-A to the floor for a vote before the end of the legislative session.

This legislation will help protect affordable housing for New Yorkers, tourists visiting New York, the hotel industry, and the people who work in hotels by stopping the use of residential housing units as illegal hotels.

Thank you.

HOW THIS BILL COULD SPELL THE END FOR ILLEGAL HOTELS:

This bill is important because it closes the loophole created by the Appellate Court decision in January 2009 (City of New York v. 330 Continental LLC) which allows illegal hotels as long as they are in less than half of the units. That means, if a building of a 100 units was using 49 or even 50 of them as hotels that was permissible! This bill closes that loophole by clarifying the Multiple Dwelling Laws that govern occupancy and nullifying the court decision that severely limits enforcement.

This bill would spell out that Class A units (buildings designated for residential and not commercial use) may only be used for residential, not transient, use.  The bill contains appropriate exceptions for roommates, boarders, etc. who live in the unit with the permanent occupants or while the permanent occupants are temporarily absent.  The bill would also give a small number of Class A buildings (that have historically operated as hotels prior to the enactment of the New York City Zoning Resolution) time to comply with relevant building codes for transient use.

This bill is imperative to enable New York City agencies to enforce the long-standing principles of the Multiple Dwelling Law and local Building, Fire, and Housing Maintenance Codes by clarifying the law to more effectively protect residents.