Court Upholds DOB Violations Against Landlord for Tenants' Short-Term Rentals

February 24, 2020

LVT Number: #30656

DOB issued six violation notices to landlord between March and September 2017 based on illegal short-term subletting via Airbnb by six tenants in an apartment building. Landlord argued before ECB that the violations should be dismissed on constitutional due process grounds. Landlord disputed imposing liability on property owners for violations by tenants. The ALJ ruled against landlord and fined it $1,000 per day along with standard penalties for 45 days that five violations had gone uncorrected, and $1,000 per day for the three days of the sixth violation.

DOB issued six violation notices to landlord between March and September 2017 based on illegal short-term subletting via Airbnb by six tenants in an apartment building. Landlord argued before ECB that the violations should be dismissed on constitutional due process grounds. Landlord disputed imposing liability on property owners for violations by tenants. The ALJ ruled against landlord and fined it $1,000 per day along with standard penalties for 45 days that five violations had gone uncorrected, and $1,000 per day for the three days of the sixth violation.

Landlord appealed to ECB and lost. Landlord then filed an Article 78 court appeal. The court ruled against landlord, finding that landlord had multiple opportunities to be heard yet failed to appear for a scheduled hearing, failed to vacate its default as to two summonses, and failed to request the issuing officer's appearance when that person wasn't present. The court also imposed DOB's litigation costs on landlord. 

156 West 15th Street Chelsea LLC v. City of New York: Index No. 153126/19, 2020 NY Slip Op 30033(U) (Sup. Ct. NY; 1/6/20; Saunders, J)

Topics

More like this