It doesn't sound like they have a realistic plan to enforce the 90 day limit. This strange right of action for 5 year old non-profits, that can only seek an injunction and can only go after some subset of violators does not seem like it will be very useful.
They should have created a private right of action sounding in nuisance, with damages available, and open to any affected party. And maybe a loser pays provision.
That is a shame. We technically already have a law here banning short-term subleasing for under 30-days if the tenant isn't present, which makes the vast majority of these full-time Airbnb hotels illegal. The only problem is that no one is enforcing it, so it is barely better than having no law at all.
And it's worth mentioning that even if the tenant is present, condo/co-op boards are free to ban the practice and I would be shocked if most don't -- we do. There are practically no single residential dwellings in NYC -- anything in a multiple dwelling building is subject to the rules put forth by the condo/co-op board.
They should have created a private right of action sounding in nuisance, with damages available, and open to any affected party. And maybe a loser pays provision.