DOB Violations for Transient Occupancy Dismissed for Insufficient Proof

(Decision submitted by Sarah Fiona Phillips, Esq., of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

DOB issued four violation notices to landlord based on alleged transient use of an apartment in a Class "A" multiple dwelling. One violation stated that Apt. 1B was used or converted to transient use for less than 30 days, specifically by six guests for short-term stays through Airbnb.com. The other violations stated that the building lacked automatic sprinklers, a required number of means of egress for every floor, and a fire alarm system, all required for transient use of the apartment. At a hearing, landlord pointed out that the Airbnb listing was for a different address than landlord's building, and described a three-bedroom apartment. The apartment in question had only one apartment. The listed hosts on the Airbnb listing weren't the two apartment tenants. DOB's inspector didn't appear to testify. The ALJ ruled for landlord and dismissed the violations.

DOB appealed and lost. DOB claimed that the violation notices were prima facie evidence of the facts stated. Landlord disagreed and noted that it only certified correction of the violations to avoid civil penalties and further violations. This wasn't an admission of guilt. OATH denied DOB's appeal. DOB's documents cast doubt on the violation claims. The Airbnb listing identified a different building address and no apartment number. The photograph of the apartment's hosts didn't show the tenants. The apartment's description also didn't match the landlord's apartment description. Landlord's statement at the hearing that the Airbnb photos "looked like" the apartment wasn't an admission of wrongdoing. The violation notice also failed to state that DOB's inspector had any conversations with any occupants, or that they were staying by themselves in the apartment without the presence of tenants.

25 Avenue C New Realty, LLC: ECB App. No. 1801849 (3/7/19) [3-pg. doc.]