Court Grants City Preliminary Injunction to Stop Landlord's Short-Term Rentals

Rent-stabilized tenants of SRO building sued landlord, claiming that landlord was using the building for short-term stays in violation of the Multiple Dwelling Law, and resulting in breach of the warranty of habitability. Tenants asked the court for a preliminary injunction, directing landlord to stop renting rooms to people staying less than 30 days. The City of New York also asked to intervene in the case and join the tenants to stop the short-term rentals. The court ruled against tenants on the preliminary injunction question, finding that seven-day rentals didn’t breach the warranty of habitability, constitute harassment or private nuisance, and that an injunction wouldn’t alleviate the harm tenants claimed was being committed. However, the court granted the city’s request for a preliminary injunction since the seven-day stays violated New York State public policy and the building’s Certificate of Occupancy as a class A multiple dwelling.

Amelius v. Grand Imperial LLC: Index No. 155226/2016, NYLJ No. 1202774773928 (Sup. Ct. NY; 12/16/16; Freed, J)