Can Rent-Stabilized Tenant Cure Profiteering Through Short-Term Rentals?

Landlord sued to evict rent-stabilized tenant for illegal subletting and profiteering. Landlord claimed that tenant engaged in short-term rental of her apartment between September 2014 and June 2015. Landlord claimed that no trial was needed and asked the court to grant possession because profiteering wasn't cureable. Tenant argued that she didn't intend to undermine the rent stabilization law, stopped subletting immediately upon receipt of landlord's lease termination notice, and had acted out of depression in light of her husband's death and her own failing health. Tenant was 74 years old and had lived in the apartment for 40 years. The court ruled against landlord. A trial was needed to determine whether 112 days of short-term rentals was cureable or was a systemic and substantial noncureable breach of tenant's lease.

12 E. 86th Street LLC v. Brenner: Index No. 68834/16, NYLJ No. 1532230482 (Civ. Ct. NY; 6/27/18; Chinea, J)