DOB Can't Prove Condo Owner Engaged in Short-Term Rental of Unit

DOB issued violation notices to a condominium unit owner based on the illegal transient rental of an apartment in a Class "A" multiple dwelling. At a hearing, DOB's inspector showed a photograph showing confirmation of a six-night Airbnb booking for Nov. 26-Dec. 2, 2017. The owner stated that he never rented the apartment for transient use and that his parents had lived there since December 2016. He also pointed out that the apartment number and address were different from the one cited in the violation notice. The ALJ ruled for the owner and dismissed the violations. DOB appealed and lost. The violation notice didn't include any supporting facts and therefore was insufficient to support the charge. So the owner didn't have to present any additional proof that there were no transient rentals other than his credible testimony that his parents lived in the unit.

Tian: ECB App. No. 1800465 (7/12/18) [3-pg. doc.]