DOB's Proof of Short-Term Rental Violation Insufficient

DOB issued a violation notice to landlord for transient rental of an apartment in a mixed-use building. Landlord claimed that there was insufficient proof of any violation. The ALJ dismissed the violation. DOB appealed and lost. The building contained both residential and commercial units. DOB relied on an Urban Oasis webpage that offered one room for short-term rental at the building. DOB’s inspector used a credit card and reserved a room at the building for a one-week residential stay. But the ad didn’t identify a floor number or any other identifying information, and landlord said it knew nothing about the website. So DOB failed to prove that the room offered for transient use was a dwelling unit classified for permanent residential purposes. 

Rahman NY Inc.: ECB App. No. 1501047 (12/17/15) [3-pg. doc.]