Landlord Can Evict Tenants for Short-Term Rental Profiteering

(Decision submitted by Steven Sidrane of the Rockville Centre law firm of Sidrane & Schwartz-Sidrane LLP, attorneys for the landlord.)

Landlord sued to evict rent-stabilized tenants for illegal subletting. Tenants denied the claim and said that they lived in the apartment. The court ruled for landlord after trial. Landlord's property manager testified that he visited the apartment on three recent occasions and each time was met by different people who were not the tenants or their family members. The first time he knocked on the door to investigate a leak. Four or five people with suitcases were in the apartment. The second time, he followed a different set of people with suitcases into the building, and they had a key to tenants' apartment. The third time, a different set of people with suitcases let him into the apartment. He noticed that all of the closet doors in the apartment were locked with deadbolts. These people told the property manager that they were renting the apartment through Airbnb and showed him their Airbnb itinerary for an 11-night stay. A photograph of the document, with tenant's name and phone number on it, was submitted in court. Another photograph showed that tenants had put up a wall in the apartment to create a second bedroom. There also was an Airbnb listing for the apartment online. The Airbnb listing showed 59 reviews from prior guests, and the property manager was able to book a rental himself for $44 per night. Tenants denied landlord's claims at trial but offered no contrary proof or explanation for the Airbnb listing. Landlord proved that tenants illegally sublet the apartment and profiteered. The court awarded possession to landlord and issued an eviction warrant.

BPark LLC v. Durena: Index No. L&T 100145/2014 (Civ. Ct. Kings; 4/1/15; Lau, J)