Can Rent-Stabilized Tenant Be Evicted for Short-Term Rentals?

May 15, 2019

LVT Number: #30095

Landlord sued to evict rent-stabilized tenant for profiteering by engaging in short-term rentals of the apartment. Landlord asked the court to decide the case without a trial. The court ruled against landlord, who appealed and lost. A trial was needed to determine the law and facts. Questions included whether the nature and frequency of the tenant's rental of space in the apartment on a short-term basis to transient individuals constituted commercialization of the apartment and profiteering. If so, that was an incurable violation. 

Landlord sued to evict rent-stabilized tenant for profiteering by engaging in short-term rentals of the apartment. Landlord asked the court to decide the case without a trial. The court ruled against landlord, who appealed and lost. A trial was needed to determine the law and facts. Questions included whether the nature and frequency of the tenant's rental of space in the apartment on a short-term basis to transient individuals constituted commercialization of the apartment and profiteering. If so, that was an incurable violation. 

12 East 86th Street LLC v. Brenner: Index No. 570428/18, 2019 WL 1936995 (App. T. 1 Dept.; 4/30/19; Ling-Cohan, JP, Gonzalez, Cooper, JJ)

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