Denial Pending on Short-Term Rental Registration Application with the New York City Mayor’s Office of Special Enforcement (OSE)

[Martine231]

Hello and any advice?,

I sent my application for the Short-Term Rental Registration Application with the New York City Mayor’s Office of Special Enforcement (OSE) late August 2023. I received a response on December 19, 2023 of Denial Pending ... until March 2024. I am not a lawyer. How can I figure out how to manoeuvre all this?
I wish airbnb could get their lawyers on the case to guide us hosts. Any advice?

Here is the response from OSE:
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This email is to inform you that your Short-Term Rental Registration Application with the New York City Mayor’s Office of Special Enforcement (OSE) has been reviewed. Based on the existing submission, OSE will deny the application for the following reason: (1) The submitted listing offers illegal occupancy, specifically the listing offers [an entire home rental], and may be corrected by replacing the listing or modifying the listing to offer legal occupancy

(2) the submitted listing appears to offer illegal occupancy, specifically it appears to offer an unhosted listing, and may be corrected by replacing the listing with one that offers a legal occupancy or amending the listing to make clear that the stay is hosted within the unit that is the subject of the application

(3) the legal occupancy of the building appears to be for more than one unit but the application does not specify the unit number applied for, and this may be corrected either by a) providing the specific unit applied for or b) submitting proof of permission from the NYC Department of Buildings to use the space as a single family home

(4) a document submitted as proof of permanent occupancy, specifically [bank statement], does not contain a unit number and needs to be either a) replaced with an acceptable document that displays a unit number should the application be updated to include a unit, or b) supplemented with proof of permission from the NYC Department of Buildings to use the space as a single family home.

Because each of these reasons are correctable, your application will not be denied until at least 3/18/2024. If the issues listed above are addressed by that date, OSE will re-review your submission and determine if the application can be granted.

If at any time before 3/18/2024 you believe the issues have been addressed, or if you have any questions or concerns regarding this notice, please contact OSE at registration@ose.nyc.gov and include the reference number above.

Please be aware that as of March 6, 2023, a valid registration is required to conduct short-term rentals, and starting September 5, 2023, short-term rentals conducted without registration will be subject to a penalty or fine.

Sincerely,
The Mayor’s Office of Special Enforcement
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Best,

Martine

[Rebecca]

Hi there @Martine231,

Sorry that your rental application was denied and I can't give any specific advice here apart from following the advice on their letter to get in touch if you have any questions. 

Have you made any developments since you posted? 
Rebecca

[Mike-And-Jane0]

@Martine231 It seems evident to me that if the issues 1 through 4 are correct then you will be denied a licence. If they have misread your submission and these are incorrect then you need to go back and tell them.

Airbnb has already been to court in New York and failed to overturn their short term rental laws. I don't see them doing anything else.

[Lyon31]

Hi @Martine231 ,

I am curious if you have made any progress with your issues with your application to the OSE. I am in a similar position and am dealing with my third round of pending denials from the OSE, each of which has taken 3 months to get a response. Each time, I've been able to correct one of the points for denial, But the OSE continues to not respond to my questions or changes to the other points.

Specifically I still have the same issues as your #2 and #4. I have a single family home and have a listing which I liked to offer as a private contained space with all the amenities of a home, but really it is a guest room with it's own bathroom and when I have guests I don't bother to use the kitchen and living room myself. 

I've rewritten my listing multiple times to use language to make clear that I live in the home and there are no unit numbers associated with my house, but OSE continues to find these faults without further clarification. 

I hope you have found a way! 

thanks,

lyon