Assemblyman Fred Thiele today announced that his legislation to clarify that certain seasonal rentals are excluded from the provisions regulating deposits and advances for residential dwelling units under the Housing Stability and Tenant Protection Act of 2019 (HSTPA), has been signed into law (Chapter 428 of the Laws of 2021). The bill takes effect immediately. The legislation was sponsored in the Senate by State Senator Brian Kavanagh.

It is common practice on the East End and in other vacation destinations across New York State to require a single payment for the entire term of a seasonal use rental. If the act were to be applied to seasonal use rentals, that practice would not be permitted. This new law will make clear that the provisions of the HSTPA relating to security and advances does not apply to rentals of registered seasonal use dwelling units. Tenants of such rentals must have a primary residence to return to, the address of which is expressly provided in the lease. Dwelling units registered as seasonal use dwelling units cannot be rented as a seasonal use dwelling unit for more than 120 days in each calendar year.

Thiele stated, “Summer rentals are a vital part of the local economy on the East End. A change in well-accepted business practices of requiring a single payment for a seasonal rental would adversely affect the real estate market and our economy. Not only was the HSTPA not intended to cover seasonal rentals, there is no documented problem with the practice of a single payment. I thank Governor Hochul for recognizing that these types of short-term tenancies require a different regulatory approach than permanent dwellings by signing this important legislation into law.”