Landlord Can Eject Loft Tenant for Illegal Short-Term Sublets

June 26, 2020

LVT Number: #30832

Landlord sued rent-regulated tenant in a loft building designated as an interim multiple dwelling (IMD) and asked the court for a declaration that tenant illegally profited from and commercially exploited the loft through short-term sublets on Airbnb. Landlord also sought ejectment of the tenant from the premises. Despite tenant's opposition, landlord asked the court to decide the case without a trial.

Landlord sued rent-regulated tenant in a loft building designated as an interim multiple dwelling (IMD) and asked the court for a declaration that tenant illegally profited from and commercially exploited the loft through short-term sublets on Airbnb. Landlord also sought ejectment of the tenant from the premises. Despite tenant's opposition, landlord asked the court to decide the case without a trial.

The court ruled for landlord. Business records documented tenants' advertisements on Airbnb for the unit, and reviews showed that there had been sublets. So, tenant sublet the unit without landlord's consent, in violation of his lease, Real Property Law Section 226-b, and 29 RCNY 2-09(c)(4)(ii)(A). Landlord could eject tenant.

Aurora Assoc., LLC v. Hennen: Index No. 154644/2015 (Sup. Ct. NY; 5/6/20; Bannon, J)

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