Court Upholds Violations for Short-Term Rentals
LVT Number: #29817
DOB issued violation notices to landlord stating that several apartments in landlord's building were being used for illegal occupancy. The ALJ dismissed the violations after a hearing. DOB appealed, and OATH reinstated the violations. Landlord then filed an Article 78 court appeal and lost. The court found that DOB acted in a lawful and reasonable manner, and it was rational for OATH to conclude a tourist booking an apartment for several days through a website paid money in exchange. And, absent proof that occupancy ceased immediately, daily penalties were permissible for short-term rental of apartments.
Columbus Sq. 795 LLC v. NYC OATH: Index No. 150903/2018, NYLJ No. 1540854020 (Sup. Ct. NY; 10/16/18; Masley, J)
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