On Oct. 21, 2016, Governor Andrew Cuomo signed into law New York Multiple Dwelling Law Section 121 and New York City Administrative Code Section 27-287.1. The act applies to a “class A” multiple dwelling which is defined “as a multiple dwelling that is occupied for permanent residence purposes.” It seeks to prohibit “advertising that promotes the use of dwelling units in a class A multiple dwelling for other than permanent residence purposes” and imposes stiff civil penalties for doing so, i.e., not more than $1,000 for the first violation, $5,000 for the second violation and $7,500 for the third and subsequent violations.
The act defines “advertise” to include “any form of communication for marketing that is used to encourage, persuade and manipulate viewers” and appears to apply to the hosts who advertise their units and the medium through which the advertisements are made known to the public, e.g., Airbnb and Homeaway.com.1
