What To Do About Short Term Rentals in New York City

Starting in 2010-2011, New York began addressing the burgeoning short term rental business via amendments to a host of laws: the Multiple Dwelling Law (Section 4. a. 8(a)), the Housing Maintenance Code (Section 27-2004. a. 8(a)), the Administrative Code (Section 27-265) and New York City Building Code (Section 310.1.2) which all prohibit short term rentals in Class A multiple dwellings. The aim was to ensure that such dwellings were used “for permanent residence purposes” — generally meaning that it became illegal to rent such a unit for less than thirty days.

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Ignorance doesn't equal bliss

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

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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