Day: April 2, 2016

Ignorance doesn't equal bliss

Ignorance May Be Bliss But It Is No Defense To Transient Occupancy Fines

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The proliferation of tenants’ use of apartments as transient accommodations has not gone unnoticed by New York City’s Department of Buildings (“DOB”). The DOB has been issuing violations to the property owners of buildings where such practice is detected. The violations for transient occupancy are steep, running as much as $1,000 per day! Worse yet, the Environmental Control Board (“ECB”) has been sustaining such violations even where the building owner had no knowledge of such use.

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Short Term Rental Of Rent Stabilized Apartment On Airbnb Held To Be An Incurable Ground For Eviction

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On February 17, 2015, the New York City Housing Court (Hon. Jack Stoller J. H.C.), after trial, held that a rent stabilized tenant’s nightly renting of his apartment to various third parties via Airbnb constituted illegal profiteering and awarded landlord a final judgment of possession and warrant of eviction. Notably, the Court held that tenant’s infraction by engaging in short term rental was incurable and thus landlord was not required to first serve tenant with a notice to cure before commencing the eviction proceeding.

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