Penalties

§ 447-e. Penalties. 1. (a) Except as provided in paragraph (b) of this subdivision, any booking service which collects a fee related to booking a unit as a short-term rental unit where such short-term rental unit is not registered in accordance with this article may be fined in accordance with subdivisions four and five of this section. Any covered jurisdiction in which such unregistered short-term rental unit is located or the attorney general or the attorney general's designee may also seek an injunction from a court of competent jurisdiction prohibiting the collection of any fees relating to the offering or renting of such short-term rental unit as a short-term rental. (b) A booking service shall not be subject to a fine pursuant to paragraph (a) of this subdivision before such time as a county has established a registry or multi-county registry pursuant to paragraph (a) of subdivision one of section four hundred forty-seven-c of this article. 2. (a) Except as provided in paragraph (b) of this subdivision, any person who offers a short-term rental unit without registering with the county within which such unit is located or with the multi-county registry that includes such county, or any person who offers an eligible short-term rental unit as a short-term rental while the short-term rental unit's registration on the short-term rental unit registry is suspended, may be fined in accordance with subdivisions four and five of this section. (b) A person shall not be subject to a fine pursuant to paragraph (a) of this subdivision before such time as a county has established a registry or multi-county registry pursuant to paragraph (a) of subdivision one of section four hundred forty-seven-c of this article. 3. Any person who fails to comply with any notice of violation or other order issued pursuant to this article by any covered jurisdiction in which the short-term rental unit concerning the violation is located or by the attorney general or the attorney general's designee for a violation of any provision of this article may be fined in accordance with subdivisions four and five of this section. 4. (a) Except as provided in paragraph (b) of this subdivision, a short-term rental host that violates the requirements of this article shall receive a warning notice issued, without penalty, by the county within which the applicable short-term rental unit is located or by the multi-county registry that includes such county upon the first and second violation. The warning notice shall detail actions to be taken to cure the violation. For a third violation a fine up to two hundred dollars may be imposed by the county within which the applicable short-term rental unit is located or by the multi-county registry that includes such county. For each subsequent violation, a fine of up to five hundred dollars per day may be imposed by the county within which the applicable short-term rental unit is located or by the multi-county registry that includes such county. Upon the issuance of a violation, a seven-day period to cure the violation shall be granted. During such cure period, no further fines shall be accumulated against the short-term rental host, except where a new violation is related to a different short-term rental unit. (b) Nothing in paragraph (a) of this subdivision shall supersede or limit in any way the authority of enforcement agencies for a covered jurisdiction in which the short-term rental unit is located, or the authority of any other entity with enforcement authority over local health and safety matters, to timely enforce violations of any health and safety laws or regulations. 5. A booking service that violates the requirements of this article may be issued a fine by any county in which a short-term rental unit associated with a violation is located or by a multi-county registry that includes such county of up to five hundred dollars per day, per violation, until such violation is cured. 6. Nothing in this section shall prevent a county, city, town, or village that is not a covered jurisdiction and is not within a covered jurisdiction and that has its own registration system for non-covered short-term rental units or short-term rentals of dwelling units or other living or sleeping spaces, with the coverage and requirements of such registration system as established pursuant to local law, from maintaining, establishing, amending, and effectuating its own penalty system related to such registration system.