Booking Services are not required to report transactions for qualifying listings offering occupancy in buildings that appear on a list of Class B multiple dwellings.
A Class B multiple dwelling is “a multiple dwelling which is occupied, as a rule, transiently, as the more or less temporary abode of individuals or families who are lodged with or without meals. This class includes hotels, lodging houses, rooming houses, boarding houses, boarding schools, furnished room houses, lodgings, club houses, and college and school dormitories.”
A list of Class B dwellings did not exist prior to this law’s passage. To develop the list, OSE has identified buildings likely to be Class B using data from other agencies and manually reviewed each building’s occupancy classifications.
The legal occupancy of a building is ultimately determined by the NYC Department of Buildings (DOB). The inclusion or omission of a building on OSE’s 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 determined by the DOB. Moreover, inclusion on this list should not be used to assume that there are no legal barriers to the property’s use for short term renting. Such activity may still be prohibited for other reasons, may violate agreements in place between landlords and tenants, and may trigger a number of other compliance issues.