Landlord Can Evict Nassau County Tenant for Short-Term Rentals

July 23, 2018

LVT Number: #28528

Landlord sued to evict rent-stabilized tenant for subletting his apartment on a short-term basis in violation of ETPA Section 2507.7 and RPL Section 226-b. Landlord also claimed that the short-term rental utilized the apartment as a hotel and therefore violated Nassau County fire prevention laws, and was an illegal use under the Great Neck Plaza Village code. The court ruled for landlord. Tenant listed the apartment on Airbnb and rented the apartment short term at a rate that was at 500 percent of the apartment's legal rent.

Landlord sued to evict rent-stabilized tenant for subletting his apartment on a short-term basis in violation of ETPA Section 2507.7 and RPL Section 226-b. Landlord also claimed that the short-term rental utilized the apartment as a hotel and therefore violated Nassau County fire prevention laws, and was an illegal use under the Great Neck Plaza Village code. The court ruled for landlord. Tenant listed the apartment on Airbnb and rented the apartment short term at a rate that was at 500 percent of the apartment's legal rent. And, contrary to tenant's claim, landlord didn't have to send a notice to cure before terminating the tenancy. The unauthorized sublet involved rent gouging or profiteering and, by its nature, wasn't curable.

Clent Realty Co., LP v. Levine: 2018 NY Slip Op 28196 (Dist. Ct. Nassau; 6/27/18; Fairgrieve, J)

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