New York Senate Bill S05849

New York 2025-2026 Regular Session

• Introduced: 3/3/25
• Refer: 3/3/25
• Refer: 1/7/26

Caption

Requires hotels and lodging facilities to make at least two attempts to contact guests who leave any item of greater than nominal value or identification documents behind within 48 hours of the completion of their stay where such guest chose to be contacted for such reasons; requires the destruction of any identification documents if the owner cannot be contacted; limits the liability of a lodging owner or operator for damage or loss during shipping.

Summary

S05849 would add a new section to New York’s General Business Law governing items left behind by guests at hotels and other lodging facilities. It requires lodging operators, at the time of booking and again at the start of a stay, to ask guests whether they want to be contacted if they leave behind items of greater than nominal value, identification documents, or copies of identification documents, and to collect preferred contact information if the guest opts in. If a guest has chosen to be contacted and leaves such items behind, the facility must make reasonable efforts to reach the guest, including at least two contact attempts within 48 hours after checkout using the provided contact method or, if none was provided, the booking information. The lodging facility must also keep a record of the lost item or document and the steps taken to notify the guest. If the guest cannot be reached or declined contact, the bill requires identification documents and copies to be physically destroyed so they cannot be recreated. It also provides that lodging operators are not liable for loss or damage to a guest’s lost item or document during storage or shipping.

Impact

The bill would create a new consumer-protection and recordkeeping requirement for hotels, motels, inns, boarding houses, resorts, and similar lodging facilities in New York. It would impose a specific notification process for forgotten valuables and personal documents, mandate destruction of unclaimed identification materials, and limit liability for operators handling or shipping returned property. The measure would affect both lodging businesses and guests, especially travelers who leave behind IDs, passports, social security cards, insurance cards, or other sensitive documents.

Sentiment

The available context suggests the bill was presented as a practical consumer-protection measure with no recorded opposition in the provided materials. Its requirements are straightforward and aimed at helping guests recover important belongings while reducing the risk that sensitive identification documents remain in circulation. The absence of committee transcripts or recorded votes means there is no documented debate in the supplied record, but the bill’s structure indicates a generally protective and administrative intent.

Contention

The main policy tension in the bill is between guest privacy/security and the operational burden on lodging facilities. Supporters would likely favor the required contact attempts and destruction of unclaimed identification documents as safeguards against identity theft and loss of important papers. Potential concerns for lodging operators include the need to collect contact preferences at booking and check-in, maintain records, make timely outreach attempts, and handle storage or shipping of items, though the bill partially addresses this by limiting liability for loss or damage during those processes.