Federal Court Permits Landlord's Constitutional Challenge to "Airbnb Law" to Go Forward

Landlord sued the city, claiming that New York Multiple Dwelling Law Section 121, enacted on Oct. 21, 2016, as well as NYC Admin. Code 27-287.1, referred to as the "Airbnb Law," were unconstitutionally vague, facially and as applied to landlord, in violation of the First Amendment and the Due Process Clause of the 14th Amendment to the U.S. Constitution. The law prohibits advertising the use of class A multiple dwellings for nonpermanent residence purposes. The court denied the city's request to dismiss the case or, alternatively, to delay making any decision until state court proceedings ended. The court ruled against the city. Among other things, landlord wasn't seeking to stop or otherwise supervise the state courts. So there was no reason for the federal court to delay making any determination pending resolution of the state court actions. 

Helms Realty Corp. v. City of New York, Mayor's Office of Special Enforcement: Index No. 17 Civ. 4662, NYLJ No. 1533911325 (SDNY; 8/8/18; Hellerstein, DJ)